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

neititeN. reserves this right to the fed
eral government nor prohibits the ex
ercise of it to the states.
! And Congress had no right to inter
fere with this perogative or modify oul
policy under the guise of interstate
! law. And COY. Bodwen by his decisive
action. held the law in abeyaace unit
il was repealed and the State saved
from the evil and obnoxious effects OF
il.
| And the action of the committee in
| not allowing his claim. but allowing
| him to recover it in the courts of the
| State. reminds me of a woman. She
was a tender hearted mother, as moth
els generally are, but mighty poor
| diseiplinarian.
| She had an unruly boy by the name
| of Johnny one day Johnny committed
! a grave offense and got the family into
! trouble. She said to him. johnny, you
have been bad today, and l must pun
| sh you, hut if YOU wont cry about it
I Will give you Il box of candy"
So Johnny took his punishment with
grace ana oheerfulness and when his
mother got through her job he looked
up into her face. and smiling, said:
| Mother, | guess I'll be bad. tomorrow.
again, for this is the first time I've
had any candy for six months" Cap
plause)
Mr.. Seates of Westbrook: Mr.
Speaker, / am not going to make n
temperance speech, and neither am |
going to say what it is right for the
national government to do or not to
de, because in regard to that | don't
know. | simply want to call the at
tention of the House to some of the
reasons why the majority of the COM
mittee reported as they did on this
resolve. | wish that every member of
the House would read House Docu-
ment No. 311 and see what it states.
This. case of Michael Burns has
been a veritable "Banquo's Ghost"
it has come up before every Legisla-
ture within my remembrance and the
majority of the committee thought
it was about time thatit should stop,
and that if Michael Burns had. ang
rights in the matter the proper wav
for him was to present them in the
courts of this State. He should have
the same right that everyone else has
to present his case in court My
friend from Penobscot (Mr Hutchinsl
and | may get into difficulties over r.
naneial matters; he can bring me
into court and we can there have u
trial, and the case is decided upon the
law and the evidence; but if we have
any controversy with the State We
cannot bring suit against the State:
you cannot sue the State. My friend
from Penobscot (Mr. Hutchins) NAV
have a contract with the State involv-
ing a large sum of money, and he may
fulfil his contract to the letter and the
State may refuse to pay and fulfil its
part of the contract. and still he has
no recourse; he cannot sue the state
unless the Legislature authorizes that
suit.
The State in times past has issued
bonds. it has issued notes, and they
have been sold, and the State has re-
ceived the money. but when those
bonds become due the State might re-
fuse 10 pay them. and there was no
way by which the people could collect
unless the Legislature should author
ize the individuals or parties who have
the bonds to sue.
Now, as the. gentleman las said,
the committee almost unanimously
voted not TO pay this claim. They did
not know whether it was right or Just,
but we do say this. if Mr.. Burns has
any right he should have an opportu-
nifty to present ii to the courts of this
State and let the courts of this State
decide whether he has been wronged
or not. Are you, gentlemen. afraid to
trust the courts of this State2 VIII.
they not protect the interest of the
State? 1t seems to me it is only fair
that this matter should he referred to
the courts and settled by the courts
once for all, in order that this case may
never come up again to bother future
Legislatures of this State. l hope this
report of tie majority of the committee
will prevail.
Mr.. AUSTIN of Phillips: Mr.. Speak
err will the clerk kindly read the ma
jority report, the resolve accompanying
il, and the minority report.
(The clerk then read the majority
report. the resolve accompanying it and
the minority report)
The AUSTIN: Mr.. Speaker, as
siSner OF the majority report / win
try and make clear, as far as posi-
BILE, the position and point of view
of those members of the committee
signing the majority report, although
| think the gentleman from Westbrook
(Mr. Scatesl has covered the matter
Very clearly and fully.
| will say. That's the committee on
claims does not have the advantage
of having within its membership in
either branch lawyer. Many ques-
lions come up TO us during the course
OF the session which need in their So
luton the training of a legal mind,
even to do justice AS you all know,
and as you have been told, the frs:
action which was taken in the Mi
chael Burns case was taken in 1887,
at which time Hon. Leroy r. Carlton
of Winthrop was the county attorney
for Kennebec county and the Hon. Or
vile d. Baker of Augusta was attor-
ney general. The circumstances, ac.
cordinG to Mr.. Cartons testimony.
We're exactly as has been stated tc
you by both the gentleman from Pc
nobscot (Mr. Hutchins) and the gem
. tleman from Westbrook (Mr.. Scates).