Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-03-18

dorsed q parole policy for those who
are in their custody. Personally I
believe it II good law, and believe
that more thnn one person has been
returned 10 society through the bene-
fetal effect ana results of this parole
law. Now, gentlemen of the Senate,
IL in your sober Judgment, uninfiu-
enced by sentiment in this matter,
you decide that this resolve shall be
paid, it means that other claims,
possibly arising out of the same mat
ter. are coming before you.
There are sure to be. The insur-
ance company has already paid some
insurance on this matter and that has
been deducted from the amount
claimed by the claimant corporation.
and we are asked to pay the balance.
The insurance company of course will
come here to this Legislature. The
young woman who was shot will
come to this Legislature, and Mr..
President and members of this Sem
ate. il it is the opinion of this Legis-
lature that there has been this gross
neglect, this criminal neglect. they
will not only come but they will be
paid, and they should be paid IL
these IRE ,the facts. But ] submit
that on testimony coming before a
committee. without opportunity for
cross examination, and with the nat
ural local color, local prejudice that
comes in through the avenue of wit
nesses no matter how honest and
sincere they may be, that you are
not getting the case down to the
fundamentals upon which 1t should
be heard and should be tried. And
there is absolutely in my mind no
other tribunal where that can be ex--
cept the State courts of our State,
and the draft of the resolve which
the minority report recommends
gives them full right to come into
that court and to come in under the
common law, without any of the
embarrassing situations that would
arise If that permission were not
given.
Now j have heard nothing in tes-
tinony that would convince me that
the doctor. the superintendent of the
Bangor Hospital was not within rea-
sonable bounds of judgment when he
allowed this man to go out on
parole. And it has been said here
that he was placed in the care of his
mother, who had been a pationt at
that institution. l understand that
it is true that she had been, but 20
years ago at q period of life when
such commitments are not uncom-
xx-hnr
times with mothers are such that
perhaps while not committed there
is a physical condition which is
known to all, needs no comment.
And / understand that this mother
had been there 20 years ago and the
superintendent of this institution
said that in his best judgment it was
safe to turn this inmate over to his
mother and he did so
Mr. President, I do not want to take
any issue with my fellow Senator
from Penobscot, but heard no testi-
mony that convinced me that the
superintendent of that hospital and
the trustees were using anything ex-
cept reasonable judgment in allowing
this man to come out as he did. Now
if they were using reasonable judg
ment, and it is purely question of
fact, if they were using reasonable
judgment the State of Maine should
not be liable for this. And you will
find other cases coming in. I under
stand that in that same locality there
was another set of buildings burned
and that they are waiting to see what
the Legislature does with this matter,
and there will be other cases coming
in. Now / want to make it clear to
this Senate, absolutely clear to this
Senate, that if in your Judgment it is
safe and wise to pass this resolve and
by passing it say that the parSae sys-
tenn shall no longer be in effect, and
that this State is liable for every act
committed by those out on parole, if
they think it is wise under these con-
ditions to wipe aside the parole law
and to pass this resolve, / shall be
satisfied. but ! should feel it was not
good judgment. l have not any per-
sonal interest in this at all.
l would not take the time of the
Senate at this late hour to go into
this, if l did not feel that / should
explain my position as minority
signer.
/ heard this case, it had full hear
ing: l listened attentively to every
thing that was said, and my judgment
was that there was too much of a
question for me to sign report ought
to pass, when was not convinced by
the evidence.
think the same is true of the
other signers. that If there had been
on the part of the officers
of the institution of reprehensible
nature. unless that does exist you
cannot consistently and on your judg-
ment vote to pass this resolve
If was to be led by my sympath-
les. would vote for this resolve and
say nothing. If it is true that they
can prove what they claim they can
prove, their rights will be protected
in courtof law. I believe it is going
too far for this Legislature to pass
this resolve. Rather do believe that
they should take the matter in or
derby fashion to court of proper
and have hearing there
where all parties may be cross exam
ined and the matter can be determin-
ed. every detail of the question gone
into absolutely as to whittier there
was this gross and criminal negli-
gence or not.
It is not for us to say there was
gross ana criminal negligence It is
not my intention to say anything on
that point. 1t is quite another thing