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

scripture. lava SAID L Sdlu ia my
haste all men are lars" and David is
quoted often times as saying that
the Bible says all men are liars. The
inference is that he said it in his
haste and that he didn't mean it.
| And so you might go on indefinitely.
A man, lawyer or a judge takes a
law, not what it says always, but
| what it is intended to convey--the
| idea that it was intended to convey,
the wrong it was intended to right.
| And it is fair oftentimes in looking
at a law to contemplate the conse-
quences that might flow from it. We
/ took that into account in arriving at
this decision. We came to the con-
clusion that it would make the State
of Maine one grand poultry yard if
that Interpretation was given to the
law. And I still think so. / have a
right to think so. l have not heard
any official Interpretation of the law
read from the desk as to the Attor-
ney Generals Interpretation of it, or
the reason why lay behind it. So
that inasmuch as. if I understand the
thing, the committee is accused of
acting in defiance of a recent attor-
ney generals opinion, ] am saying
this in reply to that accusation, and
to give in as few words as l may the
reason for the hope that is in me and
the reason for the action of the COM
Emittee. l trust, Mr.. President, that
I shall not be found guilty of defying
the law, or defying the opinion of the
Attorney General, or defying any
thing which I ought to consider am
not here for any such purpose as that,
and 1 trust no Senator is here for
that purpose, and I am very sorry
that l have caused any one to under
stand that the committee on claims
had been defying any law. I meant
nothing of the kind, Mr.. President,
and if have, l ask the pardon of the
State of Maine, the committee asks
its pardon for any defiance of any
well settled principle of law. At the
time we passed upon this there was
no settled principle about it'll took
the aims to investigate myself in the
Attorney Generals office and l found
there was no such opinion, and as
far as this Senate is officially con-
cerned there is no opinion now.
Mr.. THOMBS: Mr.. President, fell
low Senators, 1 am very sure that
there is no Senator in this body who
would think that the honorable gen
tleman from the county of Knox
could be guilty of anything, and if I
have unintentionally offeded him l
am going to again invoke David's ex-
cuse. The situation, however, Mr.
President, is this: Notwithstanding
what the Senator has said, I go so
far as to say this, that it is nv in
formation and belief thta several
years ago this question was put up
to the Attorney Generals depart
ment as to whether or not this sta
tute covered the killing of poultry,
and l say further upon my informa-
ton and belief. that I believe that
that department in some way, or the
assistant attorney general it may
have ben, ruled, or wrote a letter. to
the effect that in their opinion it was
included. Now I am stating this up
on my information and belief. I do
know gentlemen, that the towns in
the State of Maine for the last sew
eral years have been acting upon
this assumption. And I will repeat
what l have already said, that I be-
lieve that this State has paid hereto
fore many hundreds of dollars for
poultry.
Now as I said when I was on nv
1eet before that I did not believe in
this law, and 1 mean it. But / want
to suggest to this Senate that tbeer
Is way of curing hat evil if such
exists. And I simply wish to suggest
mat II this Legislature feels that the
attorney Generals opinion-if there
De such-or the assumption that
poultry Will be paid for by the State
IS wrong, that it is the duty of this
Legislature by enactment to eyc1uda
IL so That there can be no question
about it,
The gentleman from Knox is quite
right II he wants to understand that
the Attorney Generals opinion. if
there be such, is not binding upon
TINS Legislature. I quite agree with
him. But, gentlemen of the Sem
ate. l want you to look at the exact
situation. I believe that there are
many towns in this State that have
! advanced money. that have claims
pending that in time will be present.
ed 10 the State. wherein the killing
or poultry has been included, and 7
believe that they were justified in ac-
ceptlng and paying those bills. Now
my proposition, gentlemen, is this, if
you are going to be fair and SQUARE
| with these towns you are going to
reimburse them for what they have
already paid out: and it is not too
late In this session to put a positive
enactment into the statute whereby
they may have warning that here
| after poultry will not be included.
and that if they pay for dead poul-
try they do SO at their own risk.
Gentlemen. to my mind it finally re-
solves itself into question of fair
dealing with these several towns at
the present time, and I again say
! that I believe that the Senator from
Aroostook is justified Under the cir
cumstances in which he finds this
claim. in asking this Legislature to
| make 1T right and to reimburse the
town for these dollars that they have
paid.
Mr.. MORRILL,: Mr.. President. I
| am glad to agree with the distin-
guished Senator from ,Penobscot. He
is talking along the right lines now.
Now in my county it has worked out
like this. Some of the towns have
paid these claims. Some of them
have absolutely refused TO 60 +b,+