Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-03-15

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An Act to incorporate the city OF
Oldtown.
These bills having had their two
several readings in the Senate and
having been passed to be engrossed.
having had their three several read
ings in the House and having been
passed to be engrossed. and having
been reported by the committee on
engrossed bills as truly and strictly
engrossed. is it now the pleasure of
the House that an Act to authorize
the city of Oldtown to raise money
by popular vote be passed to be en-
acted? On this we have to take the
vote
Mr.. PIKE OF Eastport: Mr.. Speak,
er. l desire to inquire II question
touching the emergency clause Is
debatable:
The SPEAKER: The motion that
course is debatable.
MIR. PIKE: have no objection to
the bill passing to be enacted. 1
wish to address myself to the matter
of the emergency clause only, Mr..
Speaker.
The SPEAKER: The Chair feels
that it is in order.
Mr.. PIKE of Eastport: Mr.. Speak
er and gentlemen of the House, as
you have already noticed. on sew
eral occasions I have declined to be
counted in the Affirmative wnen the
emergency clause has oeen attached
to some bills in this House. Now I
wish to explain my position. I am
not contrary. nor arbitrary. in that
matter. | was member of this
House 10 or II years ago when We
submitted to the people of the State
of Maine what is known as the init
fative and referendum amendment
to the Constitution. That was
adopted BY the people. and the con-
stitutional amendment itself provides
and defines what is an emergency.
The language is, if the measure is in
the interest of public health. peace or
safety. AS representative in this
body. and as lawyer. 1 have pro-
found respect for the organic law
the constitution Of our State.-and
whenever a measure comes into this
House that comes fairly within the
provisions outlined in the constitu-
tional definition of what an emer-
gency is, then ] shall be glad to vote
with you. In the 10 years, or 12-
10 l think-that has elapsed since
this constitutional amendment was
adopted, it has been attached TO ev-
cry conceivable measure regardless
of the limitation in the constitution
of our state. Any measure that this
House is In a hurry to get through.
no matter whether it affected the
public peace. public health Or safety.
or what not. YOU have ignored the
plain provisions of the organic law
OF our state. and passed il along
agree with YOU. gentlemen. that
many. II not all. of those measures
were meritorious, and itw as proper,
| perhaps, to have them become a law
without waiting for the 80 days. yet
/ say that it Is the duty of this Leg.
islature to respect and obey the or
ganic law Of our state. 1 think it
has been held that the Iegis-
lature is the judge Of the en-
Urgency; but. gentlemen 1t must be
, judged with Constitutional limits
. within that definition that makes IL
, in the interest Of the public health.
peace or safety. 1 have no objection
to any amendments or changing OF
the city charter Of the city of Old
Town. but submit. gentlemen #
this House. that under the Cons.i.
tuition of our State. if you respect II,
you ought not to vote for its pas
sage.
Mr.. HIECKLEY Of South Port
land: Mr.. Speaker. this matter came
before the legal affairs commit. e
: which, as you know. is made up Of
10 lawyers. members of the House
and Senate. Every lawyer who is .
/, member Of the legal affairs commit
tee considered this matter very Sc.
. ricusly: not only on this partieula-
bill. but on all matters which have
come before US where that custom
has come up. We realize the import
ance OF it. We realized and believed
that matters which were not rppily
emergencies. within the meaning OF
the Constitution. should not be sent
to this House with our recommend1-
ton. We had not only one hearing.
but we had several hearings Oh this
matter; and representative citizens
OF the city Of Old Town came before
Our committee. made up of all par.
ties and faiths. and they urged This
matter. There was merit in It, The
question Of whether or not it was :,
proper matter and a real emergency
existed. as provided BY the Cons,itu-
ton Of this State. was given very
serious consideration 10y US. aai Il
was held and investigated ~ the
committee for several weeks. lie
evidence satisfied US 'Eat not OILY
their roads. but long bridge. CON-
Meeting the city Of Old Town ana
!; nre'her part Of the state. was IN
sr-h dilapidated condition. that Il
was absolutely Essential, that urge
sums of money must he expended %,
of1te in order to protec. the publ,
safety. The public safety was in
volved TO a very marked decree. and
! after large amount Of consideration !
and hesitation on our part. We final F.
~ decided unanimously that IT was
an emergency within the meaning OF
the constitution Of this State and !
have made our unanimous report. l !
would not vote OH the matter If I !
did not believe real emergency ex-
! listed as provided bv ,ur constitution |
| Mr.. DAVIS Of Old Town: Mr. |
Speaker. the Gilman Falls avenue
bridge across Gilman Falls has ',een
! unsafe for some little time Last
summer the teamsters. in driving !!
across the bridge with gravel teams !
and heavy trucks. would get out end |
! walk across They did not dare IN