Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-04-02

|dUlc0.I
An Act to incorporate the town Of
Drew.
H. 433. An Act to discontinue the
ferry between the towns of Hamp-
| den and Orrington, across the Pen
obscot river.
Veto Message from the Governor
STATE OF MAINE
Office of the Governor
Augusta
April 1. 1921.
| To the Honorable Senate:
| I respectfully return, herewith,
without my approval Resolve of the
Eightieth Legislature entitled,
RESOLVE in Favor of the Austin
w. Jones Company of Veazie. Maine,
Reimbursing it for Property Destroy
!; ed by Fire.
| If the above mentioned Resolve
were passed a dangerous precedent
would be established. 1t is alleged
that an inmate, released on parole,
! from the Bangor State Hospital set
| fire to the buildings Of the Austin w.
| Jones Company. The inmate referred
! to was released in good faith by the
!
should not assume responsibility for
the conduct of the inmates released
from the various State institutions
! In the case in point the inmate con-
/ fessed to having set the fire but there
is no actual proof that he did so.
Apart from this, however, am OF the
opinion that there is neither legal nor
moral obligation upon the State to
reimburse the Company that suffered
the loss, While l regret the occur
renee the loss should remain where
! it fell.
The Minority Report of the Com
mittee is to the effect that the Jones
Company be allowed to bring a suit
at law against the State of Maine and
should the Legislature have any
doubt as to the States liability the
Court is the proper tribunal to deter
mine this question.
! Respectfully.
/ (Signed) PERCIVAL p. BANTER
! Governor of Maine"
! The PRESIDENT: The Chair will
now state the question before the
Senate upon consideration under the
Constitution. The yeas and nays
will be called by the secretary: Shall
the resolve be passed notwithstand-
ing the objection of the Governor?
Mr.. GILLIN of Penobscot: Mr..
President, is the question open for
debate.
! The PRESIDENT: The Chair rules
that the question can be debated up
on reconsideration.
( Mr.. GILLIN: Mr.. President, do
understand that it must be taken up
at this time?
The PRESIDENT: The Chair will
rule that it may be postponed by the
! Senate for future consideration.
Mr.. GILLIN: Mr.. President,
spoke to Brother Baxter and he has
no objection to its lying on the table.
I am perfectly willing to take it up
at the present time.
The PRESIDENTS: The Chair will
state that the matter is of great i'm
portance, but under the parliament
tary procedure as the Chair interpre-
tates it, the Senate may postpone
consideration if it SO desires.
Mr.. GILLIN: Mr.. President, then
if proper l move it lie on the table
I
now. I am not particular.
I The PRESIDENTS: The senator
from Penobscot, Senator Gillin,
moves that consideration of this mat
ter be postponed until Tuesday next.
! A viva voce vote was had and the
motion was lost
Mr.. GILLIN: Then, Mr. President
! we may proceed now. l wish to state
Mr.. President and honorable gentle
+ men of the Senate, that in this matter
have not got the slightest interest
any more than any senator who is lis
! tening here.
! l further wish to state to the men,
berS of the Senate, as you are well
| the committee on judiciary and two
/ reports came from that committee
The majority of the committee were
/ in favor of the resolve after we had
given two hearings.
. In understand, gentlemen of the Sen
ate, that one of the grounds upon
/ which the veto has been made is this.
! that it would cndanger the right of our
! institutions to parole insane people
out into the community, if I heard
the veto message read Alright
! Am / correct in that Mr.. President?
/ The PRESIDENTS: The secretary
will read the message again.
| CThe secretary read the message)
! Mr.. GILLIN: In other words, gen.
| tlemen of the Senate, l now under
stand thoroughly, and you understand
| thoroughly that the ruling of the Goo
! eEnor in substance is, that no matter
! how negligent the men in charge of
your insane institutions may be. and
no matter how they turn them out on
, the public to burn and destroy your
, property, and shoot and murder people,
that the State assumes no liability.
There can't be any question about that
from the ruling of the veto.
Let US see how this was passed In
| the first place it was passed by a
majority of the committee after a fair
hearing. 1t then passed this Senate
without single dissenting vote. 1t
passed the House by a twenty to one
or more vote. Practically $50 men
after listening to the evidence and the
arguments upon side and the other
said that this was a just cause
Gentlemen of the Senate, is it pos
sible that out of this insane institu-
ton over here, that they can turn
out another insane party, as this case
disclosed, and that the State assumes
~ e.,