Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-03-29

it permission was given the Iona
Company to bring legal action arains
the state or Maine. This resolve con
tained an unusual clause that escapet
the attention both of the attorney ren
eral and of the Chief Executives.
Inc clause above referred to con
.ained the following language: 9TH,
liabilities of the parties shall be ~,
! same as the liabilities between individ
uals." BY reason OF this language tn,
state was placed in an unfortunate le
gal position. Without question, thos,
VINO drafted the permissive resolve in
serted the foregoing language for 6
purpose ana the result was that tn.
Seate was oollged to pay the sum OF
Court. Had the usual form Of resolv.
been adopted whereby the state al,
lows itself to be sued by its citizens
the states liabilities would have bee,
fairly tested and a safe precedent
would have been established.
Under the decision, however, that re-
suited from the unusual language OF
the resolve. the State may be liable &c
endless suits If succeeding legislatures
are willing to deliberately open the
door as wide as the S0th Legislature
| uAiHteIitlOHdlly opened 1t.
The doctrine that the State Of Maine
IS liable Tor the criminal acts of es
capped or paroled inmates of its institu.
lions. even though the States servants
and employees have not exercised due
care IN connection with such inmates
Is dangerous and far-reaching. dc
| rot believe the States liability should
De extended to cover these cases, mol
Go l believe that any material or legal
obligation rests upon the State other
than to allow the party who was dam.
aged to sde the State under the usual
and long established practice That
was all the SQth Legislature intended
| to allow.
If the State is to be held liable in
| these cases. the claims that hereafter
VIII be presented will run into vast
sums OF money. Already there are in.
dications that other claims are being
prepared and once the doors are
opened there will be no end
| There is doctrine in law that in
! some cases the loss must remain
where it falls and it we'll may be that
such doctrine is applicable in the
matter before us. where a sovereign
| State is concerned. I would grant the
claimant the right to bring action
against the State. notwithstanding the
| fact that our recent experiences in
| lawsuits have been most unfortunate.
In the DcForrest Reyes claim the S0th
| Legislature allowed suit to be brought
against the State and the State paid a
verdict Of $40,263.12. The two permits
, sions given by the S0th Legislature to
sue the State cost the taxpayers $780,
6o4.5S. If one mistake was made in
, 1921. there is no reason for another in
| 1928.
l feel confident it was not the inten-
ton of the S0th Legislature to estab-
| lisl any such precedent as the Jones
case. ard If this Legislature gives
/ Frouty right to sue the State under
| the USUAL conditions the verdict of
| the Supreme court will then furnish a
| precedent that future legislatures can
rely upon.
Respectfully Submitted.
| (Signcd) PERCIVAL Z. BANTER.
Governor of Maine.
| In the Senate the lesolvc passed not
| withstanding the objections OF the
Governor
In the House:
Mr. PERKINS OF Orono: Mr..
Speaker and fellow members: This
| resolve hits very near homc-unde r
| the belt, so to speak.
| About three years ago a poor. UNI
fortunate individual who was an in
| mate of the Bangor State Hospital,
escaped from that institution and
| shortly after he escaped he was re-
| leased upon parole in the custody OF
| his mother. another poor. unfortunate
| individual. And the results of this
parole. granted to that man, We're
that the Jones buildings were burned
and also a property situated near to
the Jones. near neighbors. as near
as the Blaine Mansion to the State
Capitol. The S0th Legislature. in
their wisdom. considered this case
both pro and con. We gave a great
deal of deliberations to that matter.
and the result was that ma jority of
1S2 men of average intelligence de-
cided that the State of Maine was
liable for the laXity of the superin-
tendent Of that hospital. who allowed
that poor. unfortunate man to be at
large. Then the Governor sent us a
message and it ives "a peach He
told us that we thought we had bet
ter let Jones sue the State. so we
very gracefully withdrew and Mr..
Jones did sue the State. We could
have settled with him for $1,000 and
it was the opinion of the Legislature
that we should have done it. but We
allowed them to go ahead and you
see the result in the veto message
this morning. The jury awarded to
Mr.. Jones something over 100000 and
$4,000 for insurance that Mr.. Jones
had not received.
Now, Mr.. Prouty is a man well adj
vanced in years and the savings of
lifetime were wiped out IN the
twinkling of an eye. He comes be-
fore this House and asks you to grant
him this small amount of money.
that he may end his days in peace
and seclusion. That is all that stands
between him and the wall. and !
think today that one of the noblest
things that we could do would be to
vote to override the Governors OBJ
jections, although l realize that
veto is something that should be
given very careful. serious consid-
Grafton. When you vote. gentlemen
take into consideration these facts;
that the majority of 49, men in the
SOth Legislature considered it wise,
the committee has considered this
case both fully and we'll. 1t has been
through this House once and through
Yhe Senate twice. the jury awarded
over twice as much as we AWARDED
him. and the law court sustained the
verdict.
do not believe that it is opening
I'M the doors. l believe that 1t is
paying our just and legitimate debts;
and / sincerely hope. in behalf or
that poor. unfortunate old man. tha ae
this House will see fit to over-r'oe
the Governors veto. Applauseo
Mr.. BARWISE of Bangor: Mr.
Sneaker and gentlemen: agree WIN
tie gentleman from Orono (Mr. Per
,,ins1 The Governor says in ms
Veto message that we inadvertently
nut a different liability upon tne
S.ate two wears ago than would nave