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

meansanything to me 1t means this,
that they, the signers of the minority
report, are satisfied that there is some
merit in the claim, or I Know. they
would have recommended to US that
the matter be rejected in toto. II that
is true there is not so much difference
after all, it only remains for you and
to decide. Mr.. President aAd senators,
whether We believe that the ends of
justice have been met and will be full
filed by the hearing already had. Gen.
tlemen, what is the difference between
this court and a court of comomn law
Does anyone in this Senate for q mo-
mknt believe that we not only have
the authority and the right. but. that
We have not the judgment TO discuss
and decide finally matters between the
State and it's citizens? Why, gentle
men, only need remind you that this
Legislature has authority to remove
from office even the highest in the
State And should we hesitate when
q matter has been fairly and fully
brought to our attention to assume
the responsibility of deciding here
l.
one am ready to- assume. the RESPONSE
bility. You have already been re-
minded that there was hearing adj
vertised and attended. Do any of you
believe that the trustees of this insti-
tuition were not aware of this proposed
hearing? 1t is possible that when the
management of the institution under
,ff al haf
rot know it? And I say to you, gentle
men of the Senate. that il they did mot
know it and did not take every posi-
BILE precaution and care to see that
they were represented and their side
OF the case fairly and fully presented.
they were negligent again. But you
have already heard that not only once
portunity was given, and every person
in the State of Maine who reads the
papers had a right to appear before
that tribunal.
Is there any excuse for not decid-
ing this matter on that ground? The
trustees could have brought before
the committee an attorney or the at
=
so, if they thought he would help
their side. Now then, is there any
excuse for making further costs to
anybody and taking up the time of
the court at the expense of you and
/, to litigate the matter farther? We
have heard in this session and in this
body discussion about the matter of
jurors pay. and some of my COL
leagues have said that we want to
pay our Jurymen adequately so that
we may get the best service. want
to ask you gentlemen of this Senate
if you believe, if this matter is sent
to court, that you can possibly get to-
gether more intelligent, fair body of
men than the ten men who have. al
ready heard this matter? What then
is to be gained by sending it to court ?
You arc going to bind these parties
down to the rules of evidence gov
erning the conduct of civil matters.
In this court here you are not bound
on every side by the strict rules of
evidence, but you are allowed to take
into consideration the equities and
the justice of the matter, and I say
TO you that you can get as full as
fair and complete hearing as you
could in any tribunal.
Now, fellow Senators, / am not GO
ing to be influenced in my position in
this matter by the fact that there are
other cases liable to follow this one
The Legislatures of Maine since 1920
have been dealing with matters as
they came to them from time to time,
and | am perfectly satisfied to leave
to succeeding Legislatures the deci-
sions of such matters as may con-
front them.
To my mind neither does 1t matter
that insurance has been paid these
bly, compensated. Neither do 1 be-
lieve, gentlemen, that you are in
fringing upon the policy of the State
adopted in it's parole law / believe
in it. and | want to see it exercised
and put into force in every proper
case. Now, gentlemen, the situation
is this; you have heard ably disS
cussed here this morning the evil
dence that was brought before the
in detail tie testimony of tie various
people who were familiar with the
details. and you have heard from the
distinguished Senator who has spok-
en- i'll opposition, that at least one of
those witnesses was put through q
gruelling cross examination. Does he
believe, or do you believe that that
witness could contribute to the en-
lightenment of a jury one single iota
of evidence that was not obtained be-
fore this committee? Gentlemen, it
finally resolves itself into this aues-
ton: how far are you as the highest
tribunal in the State of Maine going
to live up to the ethics and RESPONSE
bilities which confront the citizens,
individually, in the State of Maine?
If there was man insane in your
household, Dir. Senator, what would
you do? You would secure him for
the protection of your family. your
self and your neighbor. and you
would, use the highest precaution
within your power to see that he did
10 damage to- outside parties. Mr..
Senator, are not the people who are
obliged to live in the territory con-
tiguous to our asylums, are they not
fairly and reasonably entitled to the
highest protection that they can have
from those who are committed there ?
Under our commitment law physi-
clans. two of them, have to certify
to the fact of insanity. The doctors
then and there are charged with
their opinions. In this particular