Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-03-15

The SPEAKER: Under orders of
the day. the first thing we have TO
act upon is that which is assigned
for today. namely, veto message of
the Governor on Resolve to place
flags of Maine in the World War in
the Hall of Flags. tabled by the
gentleman from Biddeford, Mr.. Mad
eau. on March s. pending action of
the House upon the veto. message.
The Chair recognizes the gentleman
from Biddeford. Mr.. Nadeau.
Mr.. NADEAU of Biddeford: Mr..
Speaker and gentlemen of the
House: | do not believe that it will
be necessary to say much on this
measure. We are informed by the
Governor that the money question is
taken care of but nevertheless, the
will of this Legislature having been
shown by a rising vote-that we ap-
preciated what the boys had done and
wished to have the flags placed in
the rotunda. / believe that We should
uphold our rising vote.
Mr.. WING Of Auburn: Mr. Speaker
and members of this House: if you
will turn to House Document Num-
Der 343 you will be able to read the
veto message of the Governor
House Document number 3i3-and in
it the executive branch presumes to
say to the legislative branch that
we had no right. and not even the
privilege. Of Inaugurating this re-
solve and this kind of legislation.
The Governor of this State says to
this branch and to this Legislature.
This resolve would have been in
order and L would have given it my
approval if l had not already at
tended to 1t. More than a year ago
j formulated plans to procure" etc.
Now the Constitution of this State
provides. under Article Three. for a
distribution of power that the
powers of this government shall be
divided into three distinct depart
ments. the executive. the lcgislativ e
and the judicial. and it provides,
under Section Two, that NO person
or persons belonging to one of these
departments shall exercise any of
the powers properly belonging to
either of the other sides. except in
the cases herein expressly directed
or provided"
Under Article Five you will find
description of the executive powers
and YOU may read there. that the
Governor shall. from time to time.
give the Legislature information of
the condition of the State and recon-
mend to their consideration such
measures as he may deem eN-
pedient:" IT is here. gentlemen. that
law originates. and authority for
executive acts originates: in this
room, and not in the other end of
this State House.
Now the Governor has said that
than he. To- ri
these plans. and certainly it was
before this Legislature convened
that he had these plans formulated,
and yet you can search his inaugural
and find no disposition of this public
property, so that this rather unique
veto message raises very distinct
and interesting question as TO the
right of the executive department
and the right OF the legislative de-
partment. and ! ask you. gentlemen,
whether this House shall supinely
yield and cringe5 before the Execu-
tive or whether We shall insist upon
our nndoubted right and our I'M
doubted privilege to initiate and
carry through legislation that has to
do with public property.
Now this interests NE purely as a
legal proposition. We see constantly
the encroaching power Of the executive
at the expense OF the legislative power
and here is a place. right here and
now, where we can test whether the
legislative power which reflects the
people who are the Representatives of
the people. who are the originators of
the law. and. gentlemen. hope that
this House, having stood up and UNI
animously passed this resolve. will
again stand and unanimously pass this
resolve over the veto Of the Gov
ernor. (Applause).
The SPEAKER: The question is
Constitutional one and requires a yea
and nay vote. The question before the
House is, shall this resolve become a
law notwithstanding the objections of
the Governor will answer yes when
their names are called; as many as are
opposed will answer no. IS the House
ready for the question?
The question being called for, the
yeas and nays were ordered.
YEA = Adams, Liberty; Adams.