Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-03-01
the gentleman from Portland Mr.
Baxrar> a question

tAe gentleman from Portland Nj.
BAxrarl question.
The SPEAKER Is the gentleman
from Portland (1lr. Baxter willing
20 reply 10 the question:
NJ. BAXTER. do no, wish TO
seem 10 usuEp the position Of the
Court but Will do my best to an
swer the question.
NJ. BEAN: The question = this:
II this matter we're submitted to the
Justices # our Supreme Court, at
what time would you hope TO receive
4 decision
Mr.. BANTER: Mr. Speaker. il
would only De a matter Of hope
have no means Of knowing how much
elaboration the Supreme Court may
ma 1t necessary 70 give 70 these
questions. but I viii say this. l be-
lieve that the Supreme Court recos-
mixes this Legislature a. a coordinate
branch Of the government. that our
supreme Court will do everything In
ITS power to honor this reasonable
request mad upon It by this Legis-
lature. and that they viii not con-
sicer it tritiinS. or IN any way be-
meath their dignity 20 take up these
questions and to render US their de-
clslon as promptly as may De.
The SPEAKER: Is the gentleman
from Minot Mr.. Bean. 5a. SIZED with
the answer"
M. BEAN: suppose tina, the
gentleman from Portland (Mr. Bax-
ter had thought Of this matter more
than the rest Of Us and that in all
probability he had arrived at some
conclusion when he might expect 70
get :. decision.
The SPEAKER The gentleman
has answered the query and the
Chair recognizes the Gentleman from
Houlton. Mr.. Barnes
M BARNES NJ. Speaker. rise
20 inquire. through the Chair. wheth-
er the representative from Portland.
Nj. Baxter. Will now read to IS the
letter from eyChief Justice White
house. 90 that we may know clearly
the exact standing q that eminent
Jur,st"
Nj BAXTER: Nj Speaker. the
gentleman rom ioul'or Mr.
Barnes has made j most unusual re-
quest | + We not the letter written
me by Honorable William F. White
house. former Chief Justice Of Maine
with ne. | personally interviewed
Judge Whitenouse. and asked nm, if
| might refer 70 the fact that I sub
mItted these questions 20 him. and Il
| might Eefer 70 his letter should IT
seem advisable for me 70 do so. Judge
Warehouse generously ave me per-
mission "a quote from his letter anu
TO say that he thought that these
Questions were eminentIy proper ones
20 he submitted 10 the Court.
NJ. BARNES: Mr.. Speaker. to ex-
plain M position. as an Artorney
daily practicing in the courts. I am
accustomed 10 the rule that when
written papers are suggest ed. the pa
perS themselves are the best evidence,
and instead cf taking tleresay upon
this It occurred to me that the repre-
sentative from Portland. K he were
today as fair as he always takes oc :
casion to say tina. ne is. might now
prefer TO give US the wording Of our
ex Chief Justice
The SPEAKER. The question be-
fore the House is the motion OF the
gentleman. M. CGwan. that House
Amendment \ IL cad be adopted
NJ ROT MS III Portland: Mr.
Speaker ! am Tor i lawyer ny pro-
fesana- md q. not pretend TO be- but
yea 20 10 one I'd ryer and ne will tell
.',,9
y sver ana lie will tell 5-ou another
You VIII get into law suit the first
thing yOu h10w Vow I am one OF
hose fellows who 10 not know, and
think .ilaT Ia court IL the place 20
settle 1t. Therefore. should like TO
see the Justices settle This question.
We have been here eight wpeks. or
very near it. and we are going TO b.
here some four weeks longer
although they said we we're going 20
hav- 4 short session at the start OF.
Here We haze ten awyers on two i'm
Dorutnt committees, and they arc
orerworked With hearings day after
day A matter OF this sort takes a
good deal of research. and there is no
lawyer-l do not care how smart he
is-Who IN one week $ time-aud that
is what I understand this calls for
who can report back on this amend
ment. Therefore, hope that the
an endment will fail OF passage.
Mr.. HIECkLEY of South Port
land: Mr.. Speaker. have been fish
ing several times and thought had
bite. but did not. never had a
bite but that I knew il. feel on this
matter that this particular question
is being confused. and possibly being
confused for a purpose. I do not con-
slider vote on this matter, a vote on
the water power question. and I want
my vote. whichever way it Is to be.
so considered that I am not taking a
stand one way or the other on the
water power question. This il simply
a vote whether or not we shall sub
NIT these questions TO the Supreme
Court OF this State. The Constitution
OF our State provides that the Legis-
lature may do this thing Il is true
that the Supreme Court is not bound
by the opinion it gives here and might
render a future decision contrary to
the opinion given. know Of no case
where they have ever done that thing:
but conditions might change and
many other things might come up
and-in fact they might discover that
they were mistaken, in which event
it would be very proper for them to
change their opinion. Once in
great while have occasion to 80 into
the Su0raYne CoCrr mvao1P aod