Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1919-02-13

| that a Republican hired him to do it:
| it does not prove that a Democrat
| hired him to do 1t. But the burden
| OF the proof is upon Mr.. Irish. who
comes here and says that he is elect
| ed because Il fraud took place there.
| Now what better game could any
| dirty politician play than to go round
| to some ward wherever he could find
| n man that he could corrupt and get
| him to stick some ballots in the box
| and then holler corruption and upset
! the ward And anybody who will take
something to perpetrate fraud will
do it for one party as quickly as he
will do it for the other party. And II
+, O'Conner is a man who will commit
fraud he will sell out to the Repub-
Leans as quickly as to the Democrats
and vice versa. And therefore / say
| the burden of proof that Mr.. Irish
! comes in here to sustain he has not
! sustained and the law upon which
the committee founded its opinion is
not borne out by the legal decisions
which I have quoted to you.
Gentlemen of the Senate. I hope
You will not accept the report of this
t
as given YOU is the only correct one.
and the conclusion YOU can draw from
the facts will convince YOU that Hen
IN l.. Irish has not sustained the bur-
den of proof that he ought to nave
sustained to prove the allegations in
that petition in which he says. Il am
the Senator from the fourth district
! and Edward r. Parent is not Ed
! ward T.. Parent comes here with a
certificate Of his election. and Henry
! T.. irish comes here contestinS 1t. IL
is up to Henry l.. Irish to prove that
he is entitled to that certificate ana
Edward Y. Parent is not. in that pc
titicn which he has pat before the
! Senate.
Gentlemen We must be guided by
these opinions. If we cannot be
guided by precedent, and by the in
telligont men who have written these
opinions, we are all going in different
! directions.
Gentlemen I hope YOU will not sus-
tain the report Of the committee.
Mr.. THOMBS: Mr.. President and
fellow senators. l dislike. after hav-
ing spoken so recently, to again tres
pass upon your time. because l am
sure that YOU are already wearled
with this matter. | certainly should
not do this of my own volition, if
consulted my own wishes and tastes
in This matter at this time. l should
remain silent and let every senator in
this chamber vote on this question
according to the mind that he has
and the dictates of his conscience.
But ! believe that it is the duty OF
somebody in this chamber, in such
manner as they are able. to present
to you and to call to your minds some
of the things that believe ought and
must guide you in making up your
decision and in voting on it.
Now first of all, Senator'S. I want
to compliment my brother. the Sen
ator'from York. upon his plain fore
ible and enlightening argument. 1t
does credit to him as a good lawyer.
which YOU and know that he is, and
being such a good lawyer he has as
sumcd that cyey man in this cham
Der is also a lawyer or has legal
education and qualification. And he
has made to you. gentlement. l say to
you with frankness. fine legal ar
gument. 1t would be we'll received in
any court and entitled to great deal
of respect, and 1 am lead to inquire
right there, when he emphasized to
you over and over the value of legal
decisions. and the fact that he tells
YOU that you should be decided by
them and none other. I am lead to in
quire what would hapepn to this Sem
ate if it should so happen that there
We're no men of the legal profession
included therein
Why. If YOU are going to accept
what he tells YOU about their value
here. and am not going to question
that either, I believe you would have
the Secretary Of State coming into
that Hall of the House of Represent
iativeS every day and saying God
save the State of Maine" He would
have YOU believe that lawyers are
SO necessary in this Legislature. and
that legal OPTIONS arc so valuable
that the Legislature. perhaps. could
not successfully do the business of
the State Of Maine without their aid
They certainly. I believe. are of as
sistance, but l believe he magnilies to
You the value. perhaps. of the neces-
sity of your accepting legal opinions.
l believe. Senators, that it is your
duty and that it is my duty to do the
business that falls upon us as senat-
ors here. in the light that we have as
citizens OF the State of Maine, and
not entirely from a professional
standpoint. as lawyers or Of any 9TH
er profession. And 7 want to refer
you briefly to the Constitution of the
State Of Maine. and to call your at
tention to this phra sociology: Each
house shall he the judge Of the cleo
tions and qualifications of its own
members. and a majority shall con-
stitutc q quorum to do business"
That is what the Constitution of the
State of Maine says. that is is the
duty f each house to determine the
qualifications of its own members,
and You cannot escape it and do your
full duty as senators of this 10th
Legislature. That is u duty that is
placed upon you by the Constitution.
and it is the duty that You are about
TO discharge today. Now. gentlemen.
how are you going to do ito Are YOU
going to be bound solely and entirely
by legal opinions. or are YOU going to
approach this matter in the manner
that it apepals TO you. and in the