Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-03-17

Few minutes ago he sent this note to
me which possibly would give some
light on the subject. 1t reads: AT
torney General Shaw's opinion that do
nestle animals includes poultry was
file" That was ten minutes ago l
received it.
Mr.. GII1LIN of Penobscot: Mr.. Pres
ident, 1 wish to say that from the
statement of the senator from Aroos-
took that concur with him, and L
would state my reasons as follows:
Section ITO of Chapter reads as fol-
lows: Whenever any sheep. lambs
or other domestic animals, owned by
resident of this State, are killed or in
jured by dogs or wild animals. such
owner may make complaint thereof
to the mayor OF the city, or to one of
the municipal officers of the town or
plantation where such damage was
done then without reading it, it
makes provision for the calling to-
gether of court of award, as has
been outlined by Senator Emerson;
and the award being made by them
that has been done in this case, as 1
understand, and the award being made
on account of resolves being put in
here, as / understand the situation,
they are not now allowed to go back TO
the State as we have done heretofore.
AS the matter has sprung hastily, 1
cannot go into it as l ordinarily
would, but having been through this
several times, and as remember we
collected from the State, and Il have
not any doubt in my mind but what
turkeys are domestic animals under
cow or any other kind of an an
imal. They are domestic. They are
fowl. l think the statute is broad
enough to cover it. And L believe
that a town after a hearing appoint
ed under this statute, that 1T neces-
sanly must declare two things. 1t
must declare the applicability OF the
statute, or else they would not award
anything. So that against the town
of Island Falls, the court which the
statute establishing has found that
these were domestic animals and
have awarded for them.
Mr. President and gentlemen of the
Senate, / do not wish to make any
further extended remarks on the
proposition at this time. l am in ia
vos of endorsing the position taken
by Senator Emerson in moving that
the resolve be substituted for the re-
port of the committee.
Mr.. THOMBS of Penobscot: Mr..
President and members of the Sen
ate: Without going into particular
discussion of this matter, | desire to
address to the Senate a few general
remarks relative to matters or THIS
kind, for the reason that we are, and
will be confronted during the balance
of the session with very many re-
solves of a similar nature. / want,
Mr.. President, to declare at the out
set that | consider this statute, under
which reimbursement is made by the
State for domestic animals killed by
dogs and wild animals, one of the
most vicious on the statute books
l think that it has not any warrant
in being there. In the beginning, or
at the enactment of this statute, 1t
was proposed to protect and promote
the sheep industry in Maine by pass
ing such law. But my personal OBJ
sarvation and information that | have
had thereto have convinced me that
it has not served that purpose.
In direct reply to the statement of
the chairman of the committee on
claims-and l have great respect for
his opinion and the opinion of the
committee, l desire to say that if that
committee, as | understand him to say,
has taken the ground that poultry
does not come within the provision
of this statute, that this committee
has taken a position which is con-
trary not only to the ruling which has
just been made this morning by the
Attorney Generals department, but
is contrary to the rulings of former
attorney generals and the general
practice in the state department. The
State of Maine, gentlemen, has paid
hundreds and thousands of dollars for
poultry killed in the last few years
And l believe that now, for this COM
mittee in the face of that general I'M
dertsanding and practice, to take the
position which they have is unfair to
those towns which have advanced
money, acting under this commonly
accepted practice. Very many of
these towns have been called upon to
pay to individual owners the price,
and the bonus which goes along with
it, Of poultry killed. And say for this
committee now to come in here with
this ruling is unjust. I belize, to those
towns that have advanced the money.
And it seems to me, gentlemen of
the Senate, in the face of the ruling
of the Attorney General which has
been read by the Senator from Aroos
took in your hearing within ten min
utes that poultry clearly comes with
In the purview of that statute, that
the action of the committee is indie
feasible.
Mr. President, I agree with the
proposition of the Senator from
Aroostook and l endorse him in his
stand inasmuch as the amount in
this particular case seems to have
been definitely fixed.
Mr. GILLIN: Mr.. President, will
the President and the Senate indulge
me in reading q section of the stat
ute?
The PRESIDENT: In the absence
of objection you may proceed.
Mr. GILLIN: This is what in
fuenced me and I didn't catch it
it came up so quickly and unexpect-
eddy, and wish to read to the Sen
ators Section 112 Of Chapter 4, as
endorsing the position of Senator
4 1aar