Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-03-15


bill was tabled for printing under the
Joint rules.
s. D. 253. An Act to amend Section
17s of Chapter 16 of the Revised Stat
utes relating to the appropriation for
teachers pensions.
Mr.. DEERING of York; Mr.. Presi-
dent. 1 move that the bill be passed to
be engrossed.
| The motion was agreed to.
| Majority and minority reports of the
committee on claims on resolve in ia
vor of Morrison Libby.
Majority report. ought not to pass.
Minority report. ought to pass in
new draft. .
| In the Senate the majority report
was adopted. In the House the minor
i ity report, ought to pass in new draft,
was adopted and the bill was passed
to be engrossed.
Mr.. HIGGINS of Penobscot: Mr..
President, I move that we adhere to
our former action.
| Mr.. CHICK of Kennebec: Mr.. Presi-
dent / have a motion to make which
think would necessarily take prece-
dence over the motion of the senator
from Penobscot, Senator Higgins.
! I move that we recede and concur
with the House in the acceptance of
the minority report.
| Mr.. HIGGINS: Mr.. President, before
that motion is put desire not to take
too much of the time of this Senate. as
did not intend to say very much in
regard to this bill My position, as you
all we'll know, is very firmly fixed
| 1 feel. gentlemen of the Senate, that
to take any othes action than the adop-
| ton of the minority report, ought not
to pass, Is opening a door and estab-
| fishing a precedent for the State of
Maine that will be to our detriment later
| on.
! I believe that this bill, like other
bills of like nature, should be borne by
the parties in interest. If we want to
be fair about this proposition it seems
to me that the fairness and justice of
the case would appeal to us if the other
contestant presented his bill.
In the case of DR.. Payson of Castine
and Dr. Gilman Of Portland, you will
remember that DR.. Payson was APP
pointed on the board of dental exam
liners on December 81. 1914, If 1 re-
|
Curtis ruled that Governor Hafnes did
not have the appointing power and he
appointed DR.. Gilman. DR.. Payson took
his seat and served on the board, and
DR. Payson contested his right The
supreme court ruled that Governor
Haines had the right to make the ap-
pointment and the law court sustained
that ruling. DR. Payson took his seat
hundreds Of dollars. but neither were
reimbursed one penny by the state
l say to you. gentlemen. that if you
open this door you are making a way
for all similar cases to that of DR.. Pay
son and DR.. Gilman, and the cases of
Francis keif VS.. Thomas S. Staples,
whose seat was contested in the House
of Representatives, to present their bills
to the state for payment.
l trust that the motion of my dis
tinguished friend, the Senator from
Kennebec. will not receive a passage to
your hands this morning.
Mr.. BARTLETT of Kennebec: Mr..
President. l had not intended to take
up the zine of the Senate this morn
ing in making any remarks, but in
view of what las been said l wish to
call the attention of the members of
the Seitae to the fact that there Is a
matter of Justice in this case.
This was not "A case where Mr.. Lib
by contested a seat 1t was case
where the other man caused the trouble
and put Mr.. Libby to expense and he
was obliged to fight the case
There is no matter of precedent
| here that should be involved, as It is a
firmly established principle Of law. as
embodied in the records. So that flu
ture cases of that kind, the law is
there, determined by the court. to 20
by.
l certainly hope that the motion will
prevail and that we will concur with
the action Of the House.
! The PRESIDENTS: The question be-
| fore the Senate Is on the motion of the
senator from Kennebec, Senator Chick,
that we recede and concur with the
House, in adopting the House action
of the committee, ought to pass, on
this bill.
A viva voce vote being taken the
motion NJ the senator from Kehnebec
was loot.
The pending question being on the
motion Of the senator form Penobscot
Senator Higgins. that the Senate ad-
here the motion was agreed to.
5. d. 12s An Act to amend Section "a
OF Chapter of the Revised Statutes. AZ.
empting Maine casualty assessment com.
panies from the payment of the tax on
premiums.
On motion by Mr.. Higgins of Penobscor
the bill was given Its second reading.
On motion by Mr.. Merrill OF Somerset
1t was tabled pending passage to be en-
crossed.
Fl. D. 3S2. An Act additional to Chapter
10 OF the Private and Special Laws of
1907, relating to the pollution Of the wa
tiers Of North or. yarnum's pond.
Mr.. HOLT Of Cumberland: Mr., Presi
dent move that the bill be tabled. It Is
matter that is being adjusted and It IS
question whether the matter is not
covered by general law that it being
enacted
The motion was agreed to.
s. D. go Resolve in favor Of Machias
Electric Light Company in payment for
current furnished the Washington State
Normal school
Mr. wATUE~o of cor,...... NJ ~,