Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-03-08
.3AnY KENNrREc IOITRNAI THURSDAY, MARCH g. 1917.

man, Reed, Richards, Rounus, 1--WE.
Of fuI Bluehili, speirs, stearns, Stubs. Tate.
Turner. Watson. Webb, Williams wilson
NAY-Albert. Alden, Barnes, Baxter.
Besse Bussabarger Cha nf Htna lar credl
ford, Cummings, Cushman. Daigle OF New
Canada plantation. Daigle OF Wallagree'
button, Ellis of Gardiner, Flint, Cold
t tn Rns5ve JORDAN 1 caberiand
Lenfest McNally, Pattee, Powers saw
yer of Madison, Sisson.. Snow OF Mars
Hill, Stanley, Tuttle, Wage, Washburn,
Watts-36. :,
ty, Mellon, Nicholas, Welch-7.
The SPEAKER: 10s having voted
Eyes," and SO having voted mo-" the
motion of the gentleman from Scarboro.
Mr.. Newcomb, prevails, and the report
is retabled and assigned for hearing
on Thursday of next week. March Is.
Mr.. HARRINGTON Of Augusta: Mr..
Speaker, move that we take from the
table at this time the Lewiston Police
Bill, so-called.
The SPEAKER: Is 1t the pleasure
of the House that this motion prevail?
Mr.. EMERSON of Lewiston: Mr..
Speaker, and gentlemen Of the House,
before this bill is enacted, I desire to
call vour attention to the laws of 1909
which clearly show that an emergency
clause cannot apply to municipality
when by SO doing the act sought to be
passed would be an infringement of
home rule. and 1 cite the section Of
said law which may be found on page
1856 Of the Laws of 1909. I will read
the State Law, Section 16:
mo act or joint resolution Of the
Legislature, except such orders or reso-
lutions as pertain solely to facilitating
the performance of the business of the
| Legislature, of either branch or of any
committee or officer thereof, or appro-
pirate money therefor or for the pay
ment of salaries fixed by law, shall take
effect until ninety days after the re-
cess of the Legislature passing it, I'M
less in case of an emergency (Which
with the facts constituting the emer-
gency shall be expressed in the pre-
amble Of the act), the Legislature shall,
/ by vote of two-thrds of all the men,
hers elected to each House otherwise
direct. An emergency bill shall include
only such measures as are Immediately
necessary for the preservation of the
public peace, health or safety; and shall
not include an infringement of the right
of home rule for municipalities
An emergency bill is thus defined and
! in the words of the statute shall in
clude only such measures as are i'm
mediately necessary for the preserva-
ton of the public peace, health or
safety. and shall not include on in
fringement of the right of the home
rule for municipalities.
Is this bill Immediately necessary for
| the preservation of the public peace,
health or safety Of the citizens Of Lew
iston, and if SO, how the law says an
emergency bill shall not include an in
| fringement of the right of home rule
for municipalities. Everyone will ad-
NIT that the bill is an infringement of
the rights of home rule of the CITY of
Lewiston How, or by what authority,
can this House pass this bill under the
emergency clause? The law says plain
ly you cannot, and hope the House will
refuse the passage of this bill as an
emergency measure
The original bill was recommended
by the Chamber of Commerce of Lew
iston, carrying with it a referendum
! to the people. and in that bill it pro-
vidded that the city sharshall should
| he elected by the people 1t comes
out of the committee instead of having
a referendum to submit to the people
and anemergency clause to enact it
! forthwith. with a provision that the
city marshall shall be eletced by the
Commission instead of by the people,
just reversing the whole proposition.
This bill was tabled in the House by
me February 27th for the purpose of
having 1900 copies printed. The follow
! ing day the bill was automatically
called from the table for the acceptance
! of the report of the committee. I'm
/ mediatelY on the acceptance of the said
report, the bill was railroaded through
the House by suspending the rules and
passed to be engrossed. without even
giving the citizens of Lewiston an OPP
| portunity to see the contents of the bill
thus inflicted upon them. I appeal to
you. gentlemen of the House. in all
/ fairness and as fairminded men. as I
! believe you to be, to put yourselves in
! our place. and apply the Golden Rule
/ to DO unto others as YOU would have
Others do unto you. We believe in home
! rule, which is always more satisfac-
tory.
! circumstances of hundreds of names
OF the legal voters Of the city of Lew
lston have been presented and read
| before this House against this bill, I'M
less the referendum clause is embodied
! in the bill. This is a very dangerous
! precedent to establish to take away the
rights and privileges of the inhabi-
tants of any city. Gentlemen, l stand
! for the truth. The truth is mighty and
/ will prevail. | shall stand for the
rights of the people | represent, and |
am proud to hail from the city of Lew
iston, the second city in size and COM
mcrCial value in this State, chartered
in 1868. and which has the honor of
| having the lowest valuation and tax
rate of any city in the State, and none
other is equal T. it as a railroad CEN
Ter of steam and electric service, also
the largest manufacturing in both cot
/ ton and wooden manufactures in Maine,
with all these splendid features of its
good management and then this Legis-
| lature seeks to put on an emergency
clause-perfectly preposterous-and T
know YOU gentlemen will not want to
put yourselves on record as favoring
such injustice as this
| Mr.. Speaker, when this vote is taken.
I move that it be taken by the yeas
and nays.
! Mr. FAPpINcTo>r of A,,o,,.+ &y