Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-03-31
not allow any loss on account of the


hens?
Mr.. EMERY: No sir, we did not.
Mr.. MORRILL,: We have already
allowed in this Senate one bill for
four or five hundred dollars for
hens killed. 1t seems to me that we
are making flesh of one and fish OF
the other. And it seems to me that
this situation seems to be the result
of mighty foolish law that is on
the books. I thought that the
Agricultural Committee would draft
a bill to put an end to this poultry
business, but they have not done it,
and Senate will be dealing with this
sort of thing more than we are now.
Mr.. EMERY: Mr.. President, in re-
Spouse to the remarks from the Sen
ator from Cumberland, I would say
that the case referred to was adj
judged on a different basis. In that
case the claim was denied on the
ground, which the Senate later over
ruled, that, hens were not domestic
animals. In this case that is not the
question. The question is whether
the Legislature is justified in paying
its claim, a claim where there is no
evidence that it was properly 1nVes-
tigated. If the Legislature wishes to
rule that these claims need not be in
vestigated we shall rest on your
Judgment, but in that case you will
open the doors very wide indeed for
every kind of claim that may be sub
mitted for poultry or cattle or what
ever may be brought in.
Mr.. BABB of Cumberland: Mr..
President, 1 am another farmer who
raises hens and live in a neighbor-
hood where hens are raised. On our
farms if we wish to keep our cattle
in their places we put fences around
them and look out for them. We who
raise hens or poultry put fences
around them also and keep them in
their place. In my town where !
live, and in the county 1 think you
will find there have been very few
claims come in for poultry, and it is
because they have been protected.
1t looks to me as though there has
been gross negligence who make the
claims for poultry killed by wild an
care for them and I think these
claims will stop. Perhaps the eggs
were set in an incubator, so many
of them not having come out, and
perhaps wild aniamls attacked them
there. I wonder if you have thought
about things like that?
Mr.. THOMBS: Mr.. President, if
remember the rules of the Senate
correctly I have to have permission
to speak a third time.
The PRESIDENT: In the absence
of objection you may speak again.
Mr.. TItOMBS' Mr.. President
think Senators will not be Influenced
in their decision in this matter on
account of other claims. The COM
mittee on Claims is amply able, as
committees in the future will be. to
deal with claims presented.
In answer to the Senator from
Kennebec and his inquiry, I want to
cali his attention again to the letter
of the detective which | read, which
was before the committee and used
by them as evidence, as I understand.
and I want to remind him that this
paid agent of the State of Maine
under his signature said he did not
find any cause for fraud
Mr.. GILLIN of Penobscot: Mr..
President, | wish to read to the Sen
ate Section 112 of Chapter of the
Revised Statutes: when any city.
town or plantation shall have paid
damages to the owners of sheep,
lambs or other domestic animals. as
provided in Section 40, for losses
caused by dogs, and the amount of
such damages cannot be collected
from the owners or keepers of said
dogs, or the dog or dogs causing such
losses cannot be identified or shall
have paid such damages for losses
caused by wild animals. the mayor of
such city, or the municipal officers Of
said town or plantation. shall for
ward to the State auditor n statement
of facts in each case. showing the
amount SO paid, and the state shall
reimburse such city, town or plan
from the fund received by said State
under Section 1903 and so much as
may be necessary is hereby appropri-
ated TO pay the same
Mr.. President and gentlemen of the
Senate, it has been my duty as coun-
sci in numerous cases to insist on
having cases tried out under Section
40, where the selectmen of the town
choose one man. the claimant an
other, and those two n third And in
just such cases. case after case, as
my Brother Thombs has presented
before this fair committee on Claims.
the towns I have represented have
been reimbursed, and they have been
reimbursed for fowl, and thny called
them domestic animals under this
Statute. IF you allow one town to
We are forced to fight it through, and
the town in this instance has got to
pay.
] say that am well acquainted
with the chairman of that board of
selectmen of the town of PrcntiSs
He is man who is known from one
end of the county of Pcnobscot to the
other and is also known throughout
your State. He occupies n Gerry i'm
portant position oftrust and not only
in his town His town has paid these
claims. IF you do not want fowl to
be called domestic animals, If You do
not want that done. amend your
statute. T have argued and take the
same position that the DISTINGUISHED
Senator from Knox, Senator Thomp-
son, takes, that tho statute ought not
to aox.or ,nI tbov onrbt not tn saw