Daily Kennebec journal., 1917-03-23


Piscataquis River.
| An Act relating to the issuing of
blank writs by clerks of the Supreme
Judicial Courts, and Superior Courts,
clerks and recorders of municipal and
police courts and trial justices.
Orders Of the Day
! The PRESIDENT pro TEN: The
Chair lays before the Senate a bill not
on the calendar, H. D. 502, An Act in
! relation to resident hunters.
For debate see Legislative Record)
Mr.. GILLIN: l rise to make a mo-
tlon. and also to say a word.
In reply to the distinguished Senator
, from Kennebec: He says that the peo-
| pie might write the town clerks. He
has not read Section of the bill. which
says that they must go before them
and be identified.
In answer to the distinguished Sena-
tor Merrill, I wish to say that it is an
| easy matter for them to tell an adult
| who is 21 years old who comes into
the State. If this bill is offered in good
faith for the purposes for which he
offers it. why tag the boys of the State
! OF Maine? l am not in favor of the
| proposition. or the kind of a tag pro-
posed by the distinguished senator. I
am in favor of a tag of God Almighty's
sunlight shining on his back and not a
| 15-cent tag, by which the residents of
his town who are game wardens can
| identify him. Therefore, Mr.. President
1 make this notion understand that
the pending question is an assignment
of a time for the second reading of the
bill and move that it be indefinitely
postponed. and call for the question:
Mr.. President.
Mr. CHICK: Mr.. President when the
vote is taken l would ask for ID division.
A rising vote was had, and Is Sena-
tors voting in the affirmative and eight
voting in the negative, the motion was
carried ard the bill was indefinitely
postponed.
Mr.. BUTLER ii Knox: Mr.. Presi-
dent I would like to make a motion at
this time that we reconsider the vote
had yesterday whereby we voted to in
definitely postpone An Act to amend
Section 90 of Chapter 1876 of the Re
Vlsed Statutes, relating to copy of pro-
caedings in criminal cases
| yield to the Senator from Cumber-
| land Senator Davies
! Mr.. DAVIES of Cumberland: Mr.
President. / discovered since | spoke
with the Senator from Knox Senator
Butler this statute, and it is Chapter
156, Section 30. and l desire to ask the
Senator II he had seen it, and | will
read it.
Section 90. Whenever any person is
convicted OF murder. a copy of the in
dlctment. plea, evidence and charge of
the presiding Justice certified by the
official stenographer, shall be filed with
the clerk Of court where such trial is
held"
May 7 ask the Senator if he is ac-
quainted with that provision of the
-law?
Mr.. BUTLER: Mr. President. the
Senator will state that he is. VIII the
senator not kindly read the rest of the
| Section?
Mr.. DAVIES: IF such stenographer
IS pald an annual salary. the making
and ming of said copy shall be without
extra compensation, otherwise the ex-
pense thereof shall be paid by the
county; but this section shall not apply
to cases where motion for new trial j.;
filed"
Is not that the precise ground YOU
were covering yesterday, / will ask the
senator, Mr. President?
Mr.. BUTLER: Mr.. President
VIII state, being familiar with this sec
tion, that this proposed law is intend
ed to remedy just that defect In
cases where motions for new trials are
filed. the official stenographer, as | un-
Iderstand 1t, as matter of practice. is
not obliged to write out the transcript
of the proceedings and file the same.
In this particular case where a par
don matter is pending, a man SEN
fenced to life imprisonment, and now
serving fNs sentence at Thomaston, and
right in he midst of pardon proceed
ings. the attorney for the convict is
confronted with this proposition. the
Governor and Council require the evil
dence of the proceedings. The &fdence
is not obtainable, and in that partic-
ular case the reporter, Mr. Clay. at the
time of the trial wrote ont part of the
evidence only and was told by the pre-
siding justice that in as much as a mo-
ton for a new trial had been filed he
need not go further. and he never has
gone further. The convict is poor and
unable to procure the means to get the
testimony.
If Mr.. Clay should happen to die it
would be pretty serious for the con-
vict's case. And inasmuch, Mr.. Presi-
dent as the committee on judiciary
has practically concluded it's labors.
move first to reconsider our vote
whereby we voted to Indefinitely post
pone the act to amend Section % of
Chapter 1876 of the Revised Statutes
relating to copy of proceedings in
criminal cases.
| The motion was agreed to.
! On further motion by the same SEN
ator the bill was then referred to the
committee on legal affairs.
Sent down for concurrence.
Mr. PEACOCK of Washington: Mr.
! President, | move we reconsider the
vote of yesterday whereby we voted
that An Act permitting municipal cor
porations to own and operate street
railways, gas and electric companies,
ought not to pass.
| There has a petition come up in our
town where they would like to own an
electric light plant, and until / have
time to investigate it I would like to
have this matter on the table.
! The motion was agreed to, and on
further motion by the same senator
the bill was tabled
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