Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-03-08

the law court sustained that ruling.
Now. Mr. Libby went to, the expense
that Is covered by this resolve. some
$3.50. Had 1t not been for the bungling
way in which these slips were placed
upon the ballots by the proper officials,
he never would have been confronted
by any such condition as would neces-
state his contesting his seat on mo-
ton of the other fellow.
In the courts opinion in the case,
Judge Cornish stated that it was an
official act from the time that the bal
lots left the secretar of Safes office
until those slips wre placed on them.
one continuous official act.
| Now, 1 want to say at this point that
/; I do not know Mr.. Libby personally: I
never met him and would not know
him If 1 met him on the street, and I
have not the slightest personal feeling
in the way of seeing this resolve go
through, except that believe 1t Is just
that 1t should be paid.
Objection has been raised that 1t
establish bad precedent, but, as l
have heard one member Of this House
say, it seems to me that 1t would es-
tablish a worse precedent for the State
to refuse to pay those who have suf-
rered loss at it's hands, than It would
tt pay this resolve.
| Another argument which has been
made, is that he went into this and
took his chances. Gentlemen, he went
into it and took his chances with
proper ballot, ard he did not get a
proper ballet. There is the whole sit
uation, and all the trouble grew out of
the fact that he did not get that proper
ballot, and he was forced in this mat
ter to protect himself, and the ballot
was never declared a legal ballot until
it had gone through the courts
The point has been made that it was
a perfect ballot Well, it was so i'm
perfect that it made him all the trouble
and it was not a perfect ballot until
it was SO declared by the court.
This matter came into the committee
on claims, and here is something !
want you to keep in mind. The commit
tee on claims, as l am informed, and l
believe truthfully, made a unanimous
report that this resolve ought to pass
| For some reason or other, for cause
which 1 do not attempt to explain, lat
err there was divided report, upon
which five signed the ought not to
| pass TSpOTI-llNe IuclLDSIS WIZ nap
pened to be members of the Democrat
ic party-and the other four were men,
bers Of the Republican party, one not
signing because he did not hear the
testimony. Now, l do not want to be
understood for a moment as saying
there is any politics in this thing. l
90 not think there is. l think it is sim
ply matter of difference of opinion
and is not a party matter in any sense.
l am not appfDac ching it from that an
gle, but l think the report came out in
its divided form on account Of a mis-
understanding of the facts.
| Now it seems fair to me that this re-
solve should be passed, because if the
State OF Maine is going to follow
| different rule from what it makes it's
subjects follow in matters of this kind
then it is to be deplored. In our courts
we are recompenSed if we suffer in
| juries from somebody's carelessness or
neglect when they owe us the duty of
| care. The State owed us the DUTY of
care that proper ballot went to the
voters in this case. 1t did not present
proper ballot. The consequence was
that this man, Mr. Libby, suffered this
| financial loss which was due to his
| contestlfS the case. 1t does seem to me
I las II the State of Maine can i'll afford
! to apply one rule in the case of its sub
Jects who seek redress in the courts.
ana another rule when the State it
self is the subject of controversy.
l want tc repeat that there is abso-
lutely no politics in this, and I am not
approaching 1t even from a personal
angle, but entirely from what looks to
me to be the right thing. l do not want
any man to vote except as his con-
science and judgment and sense of fair
| ness and right dictate to him.
| The SPEAKER: The question before
the House, gentlemen, is on the motion
! of the gentleman from Augusta, Mr.
harrington, that the House non-cOn-
cur with the Senate in the acceptance
OF the majority report, ought not to
pass"
/ A viva Voce vote being taken
! The motion prevailed
! On further motion by Mr.. harrington
Of Augusta the minority report, Fought
! to pass" on Senate Document No. 2tS
Resolve in favor of Morrison Libby
was accepted in non-concurrence.
| Inc SfEAkER: The CHAIR laws be-
| fore the House, Senate Report of the
committee on Public Utilities report
ing fought to pass" on Senate Docu-
| ment No. 21S. entitled AN Act to en-
| large the powers of the Western Maine
! Power Company" tabled by Mr. Gam
nett of Augusta. Feb IS. The pending
question is the acceptance Of the re-
\ port in concurrence.
| On motion by Mr.. Gannett of Angus
! ia, the report was re-tabled and as
signed for consideration on Wednesday,
| March IA.
! The SPEAKER: The Chair laws be-
fore the House. House Report of the
| committee or education reporting
ought not to pass on House Docu-
ment No 200, entitled IAN Act to reg
rlate the time for beginning the fall
term of Schools tabled by Mr.. New
comb of Scarboro, March 1. the pend
ing question being the acceptance of
the report.
Mr.. NEWCOMB of Scarboro: Mr..
Speaker, l move that that be assigned
for hearing on Thursday, March Is.
There are some people who want a lit
tie more time on this report There are
/ cot