Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-03-01


any extent. out ! want to teil you. Sen-
t!eNsn. that II IS iuIt. A burden thai
you are putting On '.4e supreme court
Oy asking them These Questions Ever.
Awyer here. MO practices n the su-
9re!ne court can Dear me cut Ahen
gay that These .ucges ara overworked.
They nav All that they can do. The
men WHO practice 4 superior courts NJ
tice great change when they 90 into
The supreme cour- 10 practice becaus--
Of the great difference. Business n the
superior courts IS hurried so much
What OF the views of the Judges who
have adopted and followed the theory
that the court vas obliged TO answer
all questions propounded by the House,
We earn from what they have aid
thar the opinions gwen under this Con-
stitutional provision are not adj udica-
tens and are not within the principle Of
stare decisis. They are merely opin-
icns IN the way OF advice. like those ls
counsel. The justices giving them are
IN no degree bound TO adhere &c them
when the same questions arise again.
should argument or tlIrcher research
and reflection change their Prior views.
Il We submit these questions 10 the
court, We would get some SORT OF al
swer. I think the justices would an
swer them. think that the older MEM
bers now OF the supreme court haze
&C mmirted themselves 70 that theory IN
times past I believe that they -:ouid
answer: but when would We get the
answer Il the occasion is solemn
one. if they would say that It 10 a SOL
il would be a very solemn occasion to
IS i we had to wait here until We got
that answer back. We would net hea-
from them Until perhaps next winte.
because they NO id. very probably take
Up this matter n its turn. I do not
think. 4 there IS any way 20 meet the
wishes and requirements Of the gentle
man rom Portland tMr Baxter, and
nose Who THINK with him. that .nese
questions ought 70 De submitted i there
3 any other way 10 handle the matter
satisfactorily TO this House. I ask you
y axe this matter into serious consid-
erat:cn at this time and see II. IN your
opinion Il - AIR proposition 20 put
Up 70 our over-worked JUSTICES at me
present time. What 8 there, gentle
,..-n IN -sesa Ave questions that the
average LAWYER in this House could 1ot
ind as good authority, on which 20
base an opinion. az could the Justices
The Justices 20 not have the arguments
% counsel patOr-. them 10 assis. them
n the matter They would 20 to The
same sources tnac an OF ,ne .lga.
gentlemen here would, 20 inform them
selves on tris prop osiiion. Even those
members Of ne court wi!o haTc gol
iurtaest III support OF the theory tina
the courts are always 1oUnd 10 4asw.-
l-srstIons submitted Ike these. ADM
ina. they are not obliged - 0il0w
Jnese opinions in the future Il ;hey ar:s-
II me course ut litigation. Z would
l.al- some work for lawyers w.u ar
pat IN siIctl Il committee. I rea. ze Una
q, would. hu. :lat - what the" -
sent here for. Now his question arises
here il Re House. gentlemen. IL T0u
tnlnk that among the :. lawyers wIo
are here with YOU IL mis- session-,f you
tn!nh shat the House members OF the
committee on references Of bills DGlad-
!rg the gentleman from Portland on
d Baxter> are abe 20 select eight men
from t!lese :. who can give you salts
come time this session. him yoI
ought 10 10 IT, 10 not what tlera
can De IN opposition 20 t.ll5 !uposltiC7
unless L - because ne teeiing exists
that these :. men have not the reduIre
Number among them who are anle =
o., these things out. There ) not an.
lnlng n his proposition which cannu.
5e settled here as we'll a. anywhere Il.
with access 10 the books which W. n4ve
Mr speaker. l hope that the amendment
Wi! ue adopted and after thai We can
decide IN the main question.
Mr. EOWIE OF Falmouth. Mr. SpeaK-
-r An surprised to hear an attorney
a. h. lar override the Constitution Of
me >tl.a Of haine. IN as eloquent an
argument as taat proposed by the hon
ora6ie gentleman tr0n, Winterport. Mr
Cowan. The State Of Name has recog
lized is Constitution aver SINCE lts ad-
mission 10 he STAT We nave hal Ut
most confidence in ;ae WISDOM Of hose
men VINO dr. ::et -nat Consultation
There are other I;:estions involved IN
Ills order besides the question Of de-
reiopmenr. or the advisa bil.ty OF de.
veloprnen, of water powers. There %
involved n this order the question 1t
AKA On, and 70 my mind | have always
considered questions of taXation among
the most important questions that have
eve- confronted i Legislature. and. AS
a matter Of iaCt the question OF taxa. .
Ton confronting this Legislature, and !
i question which a. the hearing befoN
the ronnitte was earnest and heated.
ly deDatec.-was a question Of great irTls
portaace. 7 ;elieve tha. this question
Of taxation IS of great importance. and
I believe that the gentlemen Of this
legislature have a right to decide that
important question t0r themselves. !
under the Const' tuition. I admit with
my brother tha. the judicial and the
legislative branches Of government are
separate and independent, but I believe
that the constitution performs a mar
rage ceremony. as il we're and unites
them whenever this Legislature IS con-
fronted wiki problems Of iaw which it !
is necessary for them 10 have an under 1
standing CT. and they must work unit /
eddy, Jointly and unanimously together
Tor lie best interests Of HE citizens of 4
the state Of Maine. Now what does the 4
Constitution OF our state provide in re-
gard 10 taxation, The Constitution OF /
our State provides that THIS Legislature
shall never suspend in any manner or |
surrender its powers Of taxation. This |
Legislature 8 given unbounded. su- |
preme authority IN regard 20 the ques- |
lions II taxation only in so far a It il |