Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-03-29
THE 18TH LEGISLATURE


nifty nor more than dve hundred dol
lArs. and tho smack. vessel or otner
means Of transportation shall be for
feited to the State.
On motion by Mr.. Perkins OF
Eoothbay Harbor. 1t was voted TO
concur with the Senate IN the accept
ance Of the majority report
Mr.. PERKINS Of Boothbay Har-
Dor: Mr.. Speaker. move that the
rules be now suspended and the Dill
have It's first reading.
The SPEAKER: The Chair viii
state that it would have its first two
readings without suspension OF the
rules, and the third reading by sus-
pension.
Thereupon the bin received its first
reading.
Mr.. PERKINS,: Mr.. Speaker. wish |
10 offer an amendment to Senate !
Document No. 257, and say In ex- |
nianation that this amendment cures |
all the defects in the bill which were |
objected TO by few Of the minor
ity. and has the unanimous recon-
mendation OF the committee on sea
and shore fisheries. 1T also meets
with the approval of the department
OF sea and shore fisheries. so we are
now all agreed. ! move the adop-
ton of the amendment.
The SPEAKER: The Chair will
state that TIE pending question would
be the adoption OF the Senate
Amendment first The Chair would
inuuire Of the gentleman from Booth
L1Vh III
amendment in any way affects the
Senate Amendment:
Mr.. PERKINS,: Mr.. Speaker, it
does not, as | understand 1t.
Mr.. HINC-.LEY OF South Port
land: Mr. Speaker. would like to
have that Senate Amendment read
once more. II has not been printed
and have not it clearly in mind.
lSenate Amendment read)
Mr.. HINCKLEY: Mr.. Speaker
and gentlemen. remember-1 think
xix years ago-I drafted this very
bill which is now in the statutes.
Some amendments have been made
since that time II remember dis
tinctly this particular section. Sec
ton 81, and l remember very clear
" the reason for having it as it Is.
and the objections to this amend
ment. which did not possibly occur
- tho-e who proposed the Senate
Anc-u,ne.- This section ~ the
p-e.ert time rn.ds az follows: "Whm-
ever. as master or owner. transports
Holsters without the state. not hav-
ing obtained the license provided In
the preceding section shall be pun
ished by fine Of not less than nifty
nor more than five hundred dollars.
and both the owner and the master
shall become indebted to and pay to
the state the sum OF five thousand
dollars $4,000 which sum shall be
lien upon said smack. vessel or 9TH
er continuance, the lien to be en-
forced in the name of the state by ap-
propriate process" Now as this
comes back to us amended 1t strikes
out that part providing that both
master and owner shall become in
debted to the State. Now those who
know about the enforcement OF the
law and the trouble the officials have
in preventing lobster smacks from
other states coming here and engag-
ing in the illegal traffic. realize that
it is seldom that they get the smack.
They get conclusive evidence that
they the breaking the law. but the
smack gets back to its port in New
Hampshire. and 1t is absolutely use
less. in practically every case, to pro-
vide that the smack shall be forfeit
ed. because this smack is outside OF
our jurisdiction. Now this sounds
like joker which has been put in by
some attorney representing the Bos-
ton smacks. and it seems to me that
somebody has been fooled in regard
to 1t, because do not think that any
gentleman in the other body would.
realizing the situation. put in such
an amendment: but that is the situa-
ton. Now it seems to me that it is
better four US to have a law which
provides that the owner and
the master Of the smack shall
be liable and fix the penalty.
and whatever the penalty is
shall be a lien upon his smack.
and II the smack ever comes back
again. II is forfeited: but it is use
less to provide for forfeiting the
smack when 1t Is outside. If 1t is
outside the three-mile limit. of course
we cannot get 1t. / would like to
call attention to the fact that q bond
Is given in connection with 1t which
also makes 1t important to have the
law remain as it Is. hope this
House will not concur with the SEN
ate IN this action, and that a commit
tee Of conference may be appointed
] think the matter can be adjusted
with this understanding.
Mr.. PERKINS,: Mr. Speaker II L
understand the cituation correctly,
Inst amendment was offered by the
chairman Of the committee on sea
and shore fisheries. and he did SO at
tho request Of the department of sea
and shore fisheries. so as to take care
Of. as I understand 1t, the double
penalty. The amendment was draft
3D. l think, by the legal member of
tho sea and shore fisheries commits
sion. That Is my understanding Of
1t. I hope that we will concur.
Mr.. HINCkLEY: Mr.. Speaker, Il
do not want to take exceptions to the
legal department OF any department,
but as a matter of law l think that
the committee on conference can
stragihten this out.
Mr., BARNES Of Houlton: Mr..
Speaker. before we fellows from far
inland vote on this, OF course we
would nke little information Now