Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-09-15

The justices of the supreme judicial
court of Maine on Wednesday, Sept.
IA, made answer to the questions sub
mitted by the S0th Legislature, by
Joint order of the Senate and House
of Representatives finally passed on
April s, 1921 as follows:
Question No.
"Is Chapter 101 of the Resolves of
1917, taken in connection with the
intention of the Legislature in pass
ing said resolve, as expressed by the
motions and speeches regarding it in
the official stenographic' records, re-
pealed by Chapters 276 and 81. of the
Public Laws of 1912"
The justices answer is NO"
Question No. 2
'Tf said resolve is not so repealed,
did compliance by the State with said
Chapters 276 and PIT constitute a
compliance with said Chapter 101?"
The justices say they cannot an
swer this catagorically.
at is not so much n matter of law
as of morals and good faith. This
the LEGISLATURE must determine after
a careful consideration of all the
facts, having a due regard to the
rights of the volunteers on the one
hand and of the people of the state
on the other. Possibly the amend
.nent to the resolve leaving the pre-
else amount undetermined was made
in anticipation of this very situa-
ton. In any event the determina-
ton can now be made by the Legis-
lature in the light of all the circum-
stances" s.
The full text of the justices an
swers follow:
To the Legislature of Maine:
The undersigned justices of the
supreme judicial court hereby give
the following answers upon the ques-
tons submitted under joint order of
the Senate and House of Repre-
sentatives finally passed on April 8,
1921.
Question No. is as follows:
! rs Chapter 101 of the Resolves of
1917. taken in connection with the
intention of the Legislature in pass
ing said resolve. as expressed by the
motions and speeches regarding it in
! the official stenographic records. re-
pealed by Chapters PIG and 277 of the
! Public Laws of 1917?
Answer
Chapter 101 of the Resolves of 1917
reads as follows:
"Resolve, relating to pay for Ma
! tional Guard and Naval Reserves of
! the State of Maine.
| Pay Of National Guard and Naval
/ Reserves. Resolved: That there shall
be paid from any funds in the State
treasury to each person who shall en-
! list and each person now enlisted in
| the National Guard of the State of
! Maine. and who shall be mustered
into the service of the United States
on the quota of this State, not ex-
] ceeding the sum of one dollar for
each and every day he shall be in the
service of the United States during
the existence of war or during the
existence of state of war Such
sum shall be paid to such person at
the expiration of his service. upon
cessation of the state of war; or If
such person shall have any person or
persons dependent upon him for sup
port said sum shall be paid monthly
to such dependents as the soldier
shall designate"
Approved April Z. 1917.
! The history of the legislation is as
follows:
This Resolve was introduced in the
| House of Representatives on April ?,
1917, and in it's original form pro-
vided a definite sum of zone dollar
] for each and every day." instead of
mot exceeding the sum of one dol
lar for each and every day.
The resolve was tabled on April I'd
for twenty-four hours to await the
drafting Of the so-called military
laws.
. On April Sd 1t was taken from the
table, and after some debate. the
draft of military laws not having
/ been completed. 1t took it's two read
| ings in the House and was tabled on
! its passage to be engrossed. Later
! in the same day the resolve was
! taken from the table. and upon the
I reported SuSSSSllOi vi titC NfONtiiiD
was amended. so that the amount
should read mot exceeding the sum
of one dollar" instead of "the sum OF
one dollar" and was then passed to be
engrossed in the House. It was
finally passed in both branches and
was approved April t, carrying an
emergency clause.
Public Laws 1917. Chap. 276
| An Act to provide for the support
of Families of Volunteers.
This Act authorized the cities
towns and plantations in the State
ito raise money by taxation or other
wise to be applied to aid in the sup
port of the wife, aged. infirm and de-
! pendent father. mother or other mem
Der of the household of which SOL
der. sailor or marine is the head and
children under the age Of fifteen
years, being inhabitants Of such city
town or plantation. Of any soldier
go ;Inr }or mo ripe who nav be actual