Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-05-11

will vote for a resident of Hancock
county for representative to the Leg
islature and for residents of Knox
county for State senators and county
officers.
This case is quite an unusual one
and the matter was referred by Hon.
Joseph E. Alexander, the secretary Of
State, to the attorney generals office.
The opinion of Assistant Attorney
General Murehie is as follows:
Il understand your question with
reference to the effect of Chapter SO
of the Private and Special laws of
1913 as to whether or not the town OF
Isle au Haul is entitled in the coming
State election to vote for representa-
tive to the State Legislature.
by the terms of said Chapter So,
the town of Isle au Haul set apart
from Hancock county and annexed to
Knox county. No provision was made
or attempted to be made in that chap
ter as to said town voting in any rep
resentative class.
THE Legislature of 1911, in accord
ance with the provisions contained in
Sections two and three of Article ~
of the constitution of Maine made
general apportionment of the legisla-
tive classes of the State. In that gen.
eral apportionment seven representa-
tives are allotted to Hancock county,
one of which is to be selected by the
towns of Stonington, Deer Isle, Sedg-
wick, Isle au Haul, Eagle Island, Hog
Island, Butter Island, Boar Island,
Pumpkin Island and Long Island. This
general apportionment by the express
terms of the constitution is to be eff
fective and stand without change for
period of at most 10 years and at least
five years. What then is the effect OF
the removal of the town of Isle au
Haul from Hancock county and its an
nexation to Knox county?
THE justices of the supreme court
on two different occasions have been
called upon to render an opinion to the
House of Representatives relative to
the power of the Legislature to appor-
ton representatives. The first of these
opinions found in Maine, Page All,
has to do with the equality of the APP
portionment having regard to the rel
alive increase in population. This, or
course. is outside of your present ques-
ton. Inc second u lHSSS opAhioAAo -
3S Maine, SGT, was an answer TO the
following question: Has the Legisla-
ture constitutional power, after a gem
eral representative apportionment mas
been made in conformity with the con-
stitution, to alter the representative
districts so established until the next
general apportionment" More specl-
fcallv. the question was whether the
LEGISLATURE could incorporate the town
of Kennebec in the county of Ken
nebec from parts of five different rep
resentative districts as established by
the last general apportionment and an
mex the new town to particular rep
resentative district so as to give the
inhabitants of said town the right TO
vote in the election for representatives
to the Legislature with the 1nhabltants
of that particular district.
1.-The supreme court in an opinion
delivered to the House of Represen-
tatives made an unqualified decision
that such could not be made, it must
under the constitution remain with
cut alteration for five years. the rea-
son stated for the decision being that
any other construction would give the
legislative majority the power at any
session to so change the existing APP
pcrtionment as to insure its own re-
ter.tion in power.
I'm accordance with the opinion not
ed, thisAdepartment would advise that