Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-07

The rescript, drawn by Associate
Justice Leslie c.. Cornish of Augusta,
dismisses the bill with costs,
After quoting n decision in a recent
Georgia case in which the court held
constitutional legislative act author
ling the city to establish and main
tain municipal ice plant in connec-
ton with its water works, Justice
Cornish says 1T requires no arGu-
ment to prove that coal is as condu-
Give to the health, comfort and con-
vcnience of the inhabitants of this
northern latitude as is ice to the in
habitants of Georgia"
The Rescript.
The full text of the rescript, which
was drawn by Associate Justice Les
lie c. Cornish of Augusta, is as fol-
lows:
Alexander T. Laughlin, ct ais, in
equity, VS.. City of Portland. Rescript,
Cornish ].
The legislature of Maine in 1908 en-
acted the following law: Any city or
town is hereby authorized and EN-
powered to establish and maintain
within its limits, a permanent wood,
coal and fuel yard. for the purpose of
selling, at cost, wood coal and fuel
to its inhabitants. The terms at cost
as used herein, shall be construed as
meaning without financial profit. Pub.
L. 1908, c. 122, r, s., oh. 4, sec, 81.
At the municipal election held in
tie City of Portland on December >,
1912. the question of establishing and
maintaining a fuel yard under the
terms of the above act was submitted
to the voters and a majority vote was
cast IN favor of the proposition. On
February g. 1919, both branches of the
city council passed a resolution in ia
vor of the same proposition and on
February 4, 1918, this resolution was
duly approved by the mayor and be-
came effective. AT the same time a
special committee was appointed, con-
sisting of the mayor, two aldermen
and three councilmen," to investigate
and obtain full information as to the
cost of plant, machinery, rolling stock,
and things whatsoever necessary, To
the establishment and maintaining a
municipal fuel yard. and carry on the
business thereof, including sources
from which fuel can be purchased,
i and prices to be paid therefor. with
/ the duty of furnishing a full report
of their findings to the city council;
and for the purpose of defraying the
| expense of said committee, the sum
/ of $1,000 is hereby appropriated, the
! sum to be charged 10 special appropri
| alton when made"
On February 4, 1913, this bill in equi-
/ " was brought by fifteen taxable in
/ habitants of Portland, asking that the
+ city and its officers and agents be re-
+ strained and enjoined from establish
/ ing - municipal fuel yard. from rails
j Inc BY taxation the money necessary
for that purpose and from carrying
4 into effect any of the votes before re-
cited
TIE defendant demurred to the bill
and the demurrer being joined, the
/ case is before the law court on report,
The important question is therefore
j sharply raised, whether this court
f shall declare Unconstitutional this act
4 of the Legislature of 1903. 1t is not a
i question whether under the general
+ statutory powers a municipality has
/ the right to take this step a question
i that has often arisen IN similar cases,
! but whether such municipality can eX-
ercise the right when conferred upon
i it by the legislature in clear and un-
j ambiguous terms. In other words, is
this court obliged to declare. as the
plaintiffs ask us. that this act is so
+ obviously beyond the realm of consti-
/ 'tutional legislative action that it must
j be declared void?
Held
! l. That the legislature has. under
the constitution, FUN power 10 make
and ablish all reasonable laws and
regulations for the defense and benefit
4 of the PEOPLE of this state, not repug-
nant To this constitution, nor that OF
the United States Constitution of
Maine, Art ", Part III, Sect. ].
While, therefore, the executive and
the Judiciary, the other two co-ordl-
nate departments of government, can
exercise only the powers conferred
upon them by the constitution, the
powers of the legislature are, broadly
speaking, absolute, except as limited
or restricted by the constitution. As
to tee executive aad judiciary, the
! constitution measures the extent OF
their authority, as to the legislature 1t
! measures the limitations upon its au-
thority. Sawyer VS.. Gilmore, l09
Maine 169.
.. That the court is bound to assume
that in the passage of any law the
legislature acted with full knowledge
of ali constitutional restrictions and
| inteligently, honestly and discrimlnat
ingly decided that it was acting With
in its constitutional limits and powers.
! That determination is not to be light
| ~ set aside 1t is not enough that the
court be of the opinion that had the
question been originally submitted to
it for decision it might have held the
contrary view The question has been
submitted in the first instance to the
tribunal designated by the constitu-
ton, the legislature, and its decision
is not to be overturned by the court
unless no room is left for rational
doubt. All honest and reasonable
doubts are to be solved in favor OF
the constitutionality of the act.
3. The main ground of attack IS thai
the maintenance of what in genera
terms may be called municipal tue
yard is not a public use and as the
power of taxation is confined to publlt
purposes. the authority conferred by
this act cannot be constltutlonals
exercised.
rt