Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-01-11

Constitution. adopted in 1905. provides
that, with certain exceptions not ma
terial to this discussion.
NO act or joint resolution Of the Leg
Islatufe shall take eneet until ninety
days after the recess Of the Legislature
passing II. unless in case Of emergency"
&c
The exact question is this: When
the return by the Governor. within
Ave days, OF a bill passed In 1918. has
been prevented by a final adjournment
Of the legislature. and the Constitution
provides that it shall have the same
force and effect as If he had signed it.
unless returned within three days
after their next meeting" and those
three days have elapsed in 1915 with
cut its return. is the law thereupon in
effect. or is 1, subject to the above
quoted referendum provision Of the
Constitution In other words. is the
mileage bill law today. or not until
ninety days after the adjournment Of
the 1915 legislature, and can the refer
endum be invoked within that ninety
days?
II might seem tina, the language os
the referendum provision-'rhe Legis-
lature passing it''-mEst refer to the
Legislature Of 1918 and not TO tha.
Of 1915. Such seems to be its liters,
import and certainly very plausible
argument can be made in support OF
such a contention. We are inclined,
however. to the contrary view. If the
Legislature passing II" be construed 10
mean the Legislature Of 1918, We have
the anomalous case OF a bill suejec;
10 the referendum before its final en-
ac,Inent. The initiatiye is a method
OF procuring desired legislation. The
referendum is the peoples defense
agains, undesired legislation. The :ni-
tiative is a sword. the referendum a
shield. What occasion is there for in
voking the referendum sgains, a
measure which the law making power
has not enacted. and may never enact
Fer il is to be remembered that. aside
from any question OF the referendum.
under the three days clause the
mileage bill in any even, would not
have become a law until January ,,
1915.
We submit tina, bill has 10, pass
ed" the legislature. in such sense as
70 be subject TO the popular referen-
dun, until
l, The Governor has approved i. n
Writing: or
;. The Legislature has passed il;
over the Governors veto: q
5. TIE CONSTITUTIONS, five day Or
:sree cay pe-!od has expired with
OCT lis return by the Governor.
On the assumption ,ha, the Legis-
| isture passing" the mileage b.l, means
the Legislature OF 1918, suppose the
referendum had been ;avossd within
ninety days after the adjournment %
that legislature and the measure had
been suase quen.iy approved b. popl-
Lar vote. Would the measure then
have become law w:thou, a comp!i-
arcs with either OF the above three
Constitutional requisites 10 rs COM
p.e1e eaao;men,o II SO. the refereE-
dunn provision, without any express
! language 70 that effect, and n Gsdan-e
q all accepted caDons % :a,erpreta
ton. partially repealed, BY iupl.ca-
! ton. another section ot the CoGsti1u-
ton. But Il. after such popular vote.
u did not ,heEeupon Become q IA s.
but continued subJec, TO the Governor :
vs,o until the expiration OF the third
, Legislative day of the succeeding SEES
sion. the election would have been IN
awaiting. and the popular approval @:
] tbs bill, mere nuili,y. Again: Had
Governor Curtis vetoed the measure,
49, A~S 4S-@SS-c "a As-3 Sl.-- L. {
passed j, over his veto. Bu, Il 'rae
Legislature passing liz means TIE 1918
Legislature, we have the anomaly Of
TWO Legislatures passing the same bill
with ,ae righ, on the part OF the PEG
PIE to mo rsterenda, the Erst Of which
would be a nudity.
The mere suierasa; q these con-
clusions seen, enough TO condemn the
proposition. The referendum, provision
Was not intended 70 take away any
Of the existing Constitutional re3ui.
sites to the complete enactment Of
laws, but to give the people an eppor-
sunisy to reject completely enacted
measures which would b laws Of the
state but for the peoples intersen-
ton.
From these considerations, ana
guided BY the fundamental principle
tsae the Constitution should be 50
construed SIS 20 harmonic its differ
enl provisions and give 20 each its full
effect we are lea 70 haIisya THAT she