Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-03-06


The PRESIDENT. The Chair lays
before the Senate. II. D. 14s. An Acs
regulating the taking Of CLAIMS in the
town Of Swans Island. tabled ny the
senator from Washington. Senator Pea
Geek.
On motion by Mr.. Peacock. the bin
was given its second reading, ana
passed to be engrossed.
The PRESIDENT: The Chair lays
before the Senate H. D. s.. An Act to
amend Section . OF Chapter Is Of tn.
board of dental examiners. tabled D.
the senator from Cumberland. senator
Davies.
Mr.. DAVIES: Nj President, move
that it pass to be engrossed.
The motion was agreed to.
The PRESIDENT: The Chair lays
before the Senate. S. u. 81. An Act to
amend Section IS of Chapter IS CT the
Revised Statutes. relating to hearings
in case of violation OF the apple packing
Law, tabled by the senator from York,
Senator Deering.
Mr. DEERING: Mr. President, this Is
proposed amendment to the apple
packing law which provides that when
any one violates the law, the hearing in
regard to that violation may be held at
any place in the State. The way the
law is at the present time it reads that
when the hearing relates to the pack
ing of apples it shall ce held in the
county where the inspection was held
Now it seems to me, without devoting
great deal Of time to the agricultural
laws, that the agricultural department:
has usurped the prerogatives Of the
municipal courts. have known Of ex-
aminations of various kinds Of foods
which were found not to comply with
pure food laws Of the State. and imme-
diately on finding that they did not COM
ply. the secretary Of agriculture has
summoned people to come to Augusta
to have a hearing. For instance.
know Of man who had lot Of clans
that were inspected down in York
county and were found to contain too
much water, and the commissioner Of
dS aNAAeAAC hoSAlS ShaS 1iioh W oPPe0S
in Augusta and show cause why he
should not be subjected to penalty.
Now the laws of the State provide
that when any violation of the statute
is made. that the municipal courts n
that district have jurisdiction over that
particular offence. And it seems to me
that the laws that the commissioner Of
agriculture has made in regard to these
particular offences are not such as
could be enforced at all because they
are taking away from the provisions OF
the law the very thing that they seek
to enforce by bringing it before the
OF agriculture. Now it is
not my purpose at this time. because It
is not before the Senate, to discuss
those laws at length. but on this par
ticular statutes which is proposed It
seems to me a further violation Of the
laws as written when it says that the
hearing may be held in any particular
place at any particular time. New il 4
person in Aroostook county was ,iolat-
ing the apple packing law. the commits
sioner of agriculture could have that
man come down to Kennebec county to
have a hearing upon it. The way it is
now. the hearing If so held-and I
should maintain if l was defending the
man that such hearing could not-the
penalty for such hearing could not be
enforced. The way the law is now the
hearing can be in the place where the
inspection is made. in Aroostook county.
And as it is with all the counties.
Hnr iN0 L., al M r.f0
lation is found Of the apple packing
law, the violator can be summoned 20
any place that the commissioner OF
agriculture names. and it seems to me
that it is quite a violation of our laws,
our penal laws. to require person VIC
lating law in one county to so out
side of that Jurisdiction and have a
hearing and be punished in some other
Jurisdiction. And l therefore move III
view of these facts that this bill be in
definitely postponed.
The motion was agreed to.
The PRESIDENT: The Char lays
before the Senate II. D. 2p, An Act to
amend Section 81 Of Chapter Is Of the
Revised Statutes relating to penalty TO
practicing dentistry without certificate.
tabled by the senator from Androscog-
gin. Senator Parent
On motion by Mr. Parent the bill
was given its firs. reading.
The PRESIDENT: The Chair lays
before the Senate H. D. l6i, Resolve in
favor Of the town II Eagle Lake to re-
imburse said town for a part OF the
excessive expenses incurred in the In
fuenza and smallpox epidemics. tabled
by the senator from Aroostook. Sena-
tor Thornton.
Mr.. THORNTON: Mr. President, 1
wish to state that I am in favor Of the
passage OF this resolve but that it was
laid upon the table at the request of
the representative from Eagle Lake.
and l have not as yet determined just
the reason, and l will therefore move
that it be retabled.
The motion was agreed to.
The PRESIDENT: The Chair lays
before the Senate, and the Chair de-
sires to call the attention Of the senat.
to this particular item on account Of d