Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-03-21
Additional Proceedings
at Wednesdays Session
Of 10Th Ne. LEGISLATURE
CONTINUED from Page ~

\NOUIInOCo VTOTD V0S0 -
House Amendment A to House
Document No. 37S.
House Document No. 37s, entitled
Resolve in favor Of Andrew Egan
for military pension. is hereby
amended by striking out everything
after the title and inserting in place
thereof, the following:
Resolved that there be paid to An
Andrew Egan Of Portland. the sum
of eight dollars per month during the
pleasure of the Legislature: and
sum to be paid out of the funds ap-
propriated for military pensions.
The House, by a viva voce vote.
reconsidered the action whereby the
bill was passed to be engrossed.
BY further viva Voce VOTE 1t
adopted House Amendment A and
the bill, as amended by House
Amendment A. was passed to be en-
crossed.
Mr.. BAXTER Of Portland: Mr..
Speaker, l would like to inquire if
certain papers were returned from
the Senate in regard to bill to pro-
vide medals and testimonials for
| honorably discharged soldiers and
sailors, and if it is in possession OF
!, the clerk? 1t is a committee report.
The SPEAKER: The Chair is in
formed by the clerk that that matter
came through the regular course this
morning as Senate report.
Mr.. BAXTER: Mr.. Speaker. what
action was taken on it?
The SPEAKER: The Chair cannot
inform the gentleman at this time.
Mr.. BAXTER: Mr.. Speaker, rather
than to delay, l will wait until to-
morrow.
Mr.. BARNES Of Houlton: Mr..
Speaker. is the osteopathy bill in the
possession of the clerk? l wish to
offer an amendment to correct an err
ror, change of one word in the fifth
section.
On motion by Mr. Barnes of Houl-
ton, the House voted to reconsider its
action whereby this bill was assign
ed for tomorrow morning for its
third reading.
The SPEAKER: The gentleman
from Houlton. Mr.. Barnes. presents
House Amendment A to Senate Doc
ument No. go.
Amend Senate Document No. 200
by striking out in the seventeenth
line of Section S, the word therein d
On motion by Mr. Barnes of Houl-
ton, House Amendment a was
adopted and on further motion by
the same gentleman. the bill as
amended was assigned for its second
| reading tomorrow morning.
Mr.. PIKE of PASSPORT: Mr.. Speak
cr may l inquire if House Document
No. 35S, which tabled, has been dis
posed Of?
The SPEAKER: The Chair will
state that in the absence Of the gen.
tleman from Eastport, (Mr. Pike
it was re-tabled. Does the gentleman
wish to make any motion on it?
Mr.. PIKE: Mr.. Speaker. il l am in
order at this time l desire to move
the indefinite postponement of the
bill and for this reason: This amend
ment seeks to amend "A law which
the supreme court of this State has
already ruled upon. shall have to
read the bill which is very brief-the
| amendment, as follows:
"Scction 127 OF Chapter s. of the
Revised Statutes is hereby amended
| by inserting after the word writ in
the second line of said section, the
following words, viz: Except in any
action brought against the estate of
| deceased persons, so that said sec
hol al
lows:
Sect. 1877. In all actions brought
on an itemized account annexed To
the writ. except in any action
brought against the estate Of de-
ceased persons, the affidavit Of the
plaintiff, made before a notary pub
lie. using seal, that the account on
which the action is brought " a true
statement of the Indebtedness ex-
listing between the parties to the
suit, with all proper credits given
and that the prices or items charged
therein are just and reasonable shall
be prima facie evidence of the truth
Of the statement made in such aft
davit, and shall cntitle the plaintiff
to the Judgment, unless rebutted by
!
When the plaintiff is a corporation,
the affidavit may be made by its
president, secretary or treasurer
Now this was statute which was
passed in 1913, and provided that in
all actions sounding in assumpsit that
the plaintiff might file an affidavit in
court-did not need to bring in his
witnesees-file an af1idavit in court,
sworn to, which should be prima IA
Gle evidence Of the plaintiffs side of
the case. The language was broad.
1t said AL actions sounding in as
sumpsit." There is a salutary rule
in this State that when actions are
brought against the administrators
OF estates of deceased persons, that
the plaintiff shall not testify be-
cause the lips Of the dead man are
closed. In an opinion recently hand
ed down by Judge Philbrook, and in
which the supreme court Of this
State concurred, it was unanimously
held by the judges that this law
did not repeal that very salutary
rule! but notwithstanding that, the
committee on legal affairs of this
House. has had a hearing upon such
bill and moves to have it amended
exactly in accordance with what is
now the law Of the State, and as
handed down by the full bench of
our State. I submit Mr. Speaker.
that 1t is idle for the Legislature
at this time to consider this