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

| ed.'
There have been any quantity Of de-
cisions that the Legislature Is the sole
judge of the emergency. There is a
case similar to that In Oklahoma Re-
ports, Volume %, Page 3O5. in the case
Of Oklahoma City v. Shields, in which
that court says:
I'VE conclude that the judgment of
the Legislature in determining wheth-
er or not an emergency existed-that is,
whether or not a measure is immedi-
ately necessary for the preservation
Of the public peace, health or safety
rests solely with the Legislature. 1t is
not subject to review by the courts, or
any other authority except the people"
There are numerous decisions Mr..
Speaker and gentlemen of the House, on
that point, and I do not feel that there
Is any force in the proposition raised by
the gentleman from Lewiston.
Mr.. MURRAY of Bangor: Mr.. Speak
er, l am simply going to ask every law
yer in this room to read that constitution
and then vote.
Mr.. GOLDTHWAIT of Biddeford: Mr..
Speaker, 1 should certainly feel remiss in
my duties as a representative in this Leg
islature If 1 should fail to say a word
upon this subject. would speak against
a commission Of this kind, appointed in
this way, whether 1t carried the emer-
gency clause or not. Back in 1893, l think
it was, we had such an act passed for
such commission in Biddeford. The
same arguments were used as are now
used for the passage of this act and a
great many claimed that somewhat sim
| liar conditions existed there. Perhaps
! they did. At any rate it was passed and
fastened upon the city of Biddeford, and
| its results were very bad. Why, it got
to such a condition there that the po-
| licemen of that force appointed by this
| commission, which in turn was appointed
by the Governor of this State, would go
around in the watch hours of the night
and place cabalistic signs upon the side
walk in front of stores and places of bus
mess, and those men who were in bust
ness in those places were inundated.
They were bound by such sign to at
tend a meeting upon whatever evening
it might be called. That was one Of the
duties of the police force which was ap-
pointed in this way; but that is only a
small detail. To sum it up briefly, It re-
suited in building up a very fine party
machine in the city of 3iddeford l do
not speak on party lines in this matter
because possibly we might have police
commissions in this State appointed by
Democratic Governor; but l say the prin-
ciple Is entirely wrong and Is against
every spirit in our American form of
government to take away from the people
of the State the right to elect their own
officers / do not speak against this
measure as affecting Lewiston particu-
larly, but only as it might effect the
whole State. If the people Of Lewiston
want a police commission of this kind
appointed by the Governor, l do not know
really, from a selfish point Of view. why
should attempt to interfere in any way
whatever; but the principle is wrong and
in the same way police commission bill
can be fastened on any city or town in
this State whether they want it or not.
The SPEAKER: The question, gentle
men, is on the final passage of the act to
provide a police commission for the city
Of Lewiston and to promote the efficiency
Of the police department thereof. The
gentleman from Lewiston, Mr.. Emerson,
has moved that the vote be taken by the
yeas and nays. AS many as are in favor
Of calling for the yeas and nays will
please rise.
A sufficient number having arisen. the
yeas and nays are ordered. The clerk
will call the names and as many as arr
in favor of the final passage Of this act,
which requires a two-thirds vote, when
their names are called will answer yes;
those opposed, no.
YEA-Albert. Alden, Allan of Portland.
Allen Of Sanford. Ames. Anderson, An
drews of Norway. Andrew of Warren,
Averill. Babb. Barnes. Baxter. Besse.
Bonney. Bowman of Detroit Bragdon,
Brewster Brown, Burbank, Bussabarger,
Buzzell, Gates, Chaplain of Bridgton,
Chaplin Of South Portland, Charles Clark
of Harrison Clarke of Randolph. Clason.
Clifford, Coffin. Cole of Eliot. Cole OF
Etna, Conary. Credford, Cummings,
ton, Daigle of Wallagree, Day, Deauh.
button, Eaton. Ellis Of Gardiner, Ellis OF
York, harrington. Fletcher. Flint. Frost.
Gannett. Garcelon, Grant. Greenlaw. Cur
ney, Hanson. Hall, hammond, Harris,
Hart. Hill, Holbrook, Holley, Hort of
Gouldsboro, Hooper. Howard. Hunt.
Hutchins, Jenkins, Jennings Jordan Of
Baileyville; Jordan of Cumberland
hllISiit, l>dISItN, "ltiltt, JLtdNlit
Lenfest, Lewis, Libby. Longley. Lyford,
McNally. Merrill, Messer, Morrison, Muir
ply. Newcomb. O'Connel, Packard of
Rockland, Tattee, PendeXter, Phillips
Powers, Purington. Redman, Richards,
Rounds. Rowe, Russell, Ryder. Sawyer of
Madison. Sisson. Snow of Mars HILL
Speirs, Stearns, Stanley. Stubbs Tuttle
Wagg. Washburn, Watts. Williams, Will
son-111.
NAY-Berry. Billings. Rolduc. Roman
Of Ninalhaven, Boynton, Corliss, Desco-
teaux, Driscoll. Emerson, Fleming. Gold
thwait, Harmon. King. Kneeland Largay
I.arrabee, Ievesque, Meserve, NORM.
Murray. Packard of Newburgh, Pitcher
Reed, Sawyer of Eden. Snow of Bluehil,
Tate Turner. Watson, Webh-2a.
ARSENT-Brackett. Clement, Dow.
Drisko. Hartwell, Mutty, Mellon, Ranney
Welch-9.
PAIRED-Nicholas. yes; Holt of Show
hogan, no.
The SPEAKER: One hundred and
eleven having voted in the affirmative
and 20 in the negative, l declare tina.
the act is passed to be enacted.
The SPEAKER: The Chair lays be-
fore the House, House Document No.
$50, "An Act to create a board Of pri--
on commissioners" tabled by the gen.
tleman from Portland, Mr.. Rounds.
pending it's third reading.
On motion by Mr.. Rounds Of Port
land. the bill was then given It's third