Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-02-26

| the said Burns-but the courts sus.-
tanned Michael Burns, and ordered the
| return of the liquors seized-but il
appears that the liquors We're not re-
| turned nor Burns reimbursed by the
| State.
The claim has been presented to sew
| eral Legislatures that have denied pay
ment thereof and it further appears
| that this claim was revived in the last
Legislature with hopeful vitality, but
even that Legislature with all it's dis
| like for the prohibitory law, failed in
courage to reimburse the irrepressble
Burns and tenderly consigned it to the
care of this Legislature.
His claim before this Legislature APP
pears in the form of resolve for the
sum of $32SS 90 to defray him for al
legged damage and costs of defence.
The items are as follows: Three hun
dred dollars for liquors seized and de-
stroyed, $1299.94 for counsel and other
expenses. interest for % years and 6
months. $19SS.95. Total, $32SS.9 5.
This claim has been considered by
the committee. who voted unanimously
Ought not TO pass"
But his counsel apparently conceiv-
ing the improbability of the commit
tees allowing the claim with the usual
shrewdness requested the committee in
case his claim was not allowed, to per-
nit said Burns to carry his case into
the courts of this State to recover dam
ages.
A majority of the committee voted
to grant the permit and to report the
resolve in a new draft. Differing from
the committee on this point | have
submitted minority report Ought
not to pass" on the resolve as reported
by the committee.
There are two distinct propositions
contained in the report. One is. Shall
the resolve to reimburse Michael Burns
for damages and costs incurred in de-
Tending the suit against him have
PASSAGE"
The other proposition is: Shall we
grant Michael Burns permission to re-
cover damages ana costs resulting from
this suit in the. courts of this State?'t
Now, I raise the point that the com :
mittee has no right to embrace in
their investigation and report any
matter foreign TO the subject matter
referred to them for their considera-
ton
1t is not within their province 60 in-s
itiate and report on new legislation.
They are but the servants of the Leg
islature and limited to the specific
work assigned them.
A resolve to allow damages to GER
tain person resulting from an action
by the State was the original and only
matter referred to that committee by
this House. and the only matter upon
which they could properly report in
this instance, and it was within the
scope of their authority to report
Ought to pass" on the full amount
called for by the resolve or a part of
it under a new draft, or to report
Ought not to pass" on the original
resolve.
The report virtually covers two re-
solves, one for damage, the other for
granting of a legal right or power in
voiving nice questions of law never
referred 10 this committee by this
House but lugged into that report at
the suggestion of an adroit attorney.
My second objection is that it is wholly
If proper. and that said Mr.
Burns has never yet been denied his con-
stitutional right TO a trial by jury by the
officials or Legislature of this State If
you think that Burns has a gust and de-
serving claim why not so report? If yoG
think he has not a just and deserving
claim why not so report and remain
quiet?. Why say TO Burns you have for
feited all right to damages; we do not
want to allow them; il would not be pop
ular, you know. but we will endorse them
in way and give you special permit
an unnecessary recommendation which
perhaps we have no right to report-to
recover them in the courts of this State
And upon the passage of such a report
a quasi endorsement of that claim. said
Burns will walk into the courts of this
State and recover the Zoo which you
have denied him
Now let US examine this claim for a
moment.
We find here charged $500 for liquors
seized and destroyed, which cost Burns
according to his own figures $3.50. If this
We're $50 worth of bread to feed hungry
children, il this were $3.50 worth of shoes
to cover bare and freezing feet. If II We're
$3.50 worth of clothes to shroud naked
divdual and loss to the world. But
instead what does it Representative worth
of poverty, crime and misery; $3.50 worth
of poison and damnation: $50 worth of
the most damaging, e-blighting,
heart-breaking. nl-desroying product
that ever darkened this fair land or shad-
owed the portals of heaven. All. gentle
men. if every drop of this liquid hell-fire
could be forever destroyed no mathema-
tcian can compute the increased value of
human life and the millions it would add
to the accommodations of the poor.
Now. there is charged about 1920 for
lawyers fees and other costs, chiefly at
torneys' fees. A man tried for crimi-
nal offence under the constitution is en-
titled to counsel. If he is too poor the
court appoints one. Michael Burns waiv-
ed this right and employed four attorneys,
and he alone is responsible financially for
their services
Now it appeared before this committee
on the testimony of said Burns that, prior
to his alleged legal sale of liquors, he
had repeatedly sold liquors in violation