Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-02-22

precedent in this Legislature to at
tempt to override the unanimous
report of a Joint standing committee;
and I trust that this order will not
have passage.
Mr.. CUMMINGS, Of Portland: The
remarks Of the last gentleman (Mr.
Archibald) seem to have back OF
them some Inherent weakness. /
cannot imagine any good and sound
reason why man should object to
have an opinion from the SupnDme
Court upon the validity of any
statute. The only reason that lean
conceive Of man taking that posi-
ton Is that he fears 1t might upset
his desires. I believe it Is perfectly
proper that this Legislature should
inquire, II it so desires, as to the con-
stitutionality of the existing laws,
and l certainly hope that this order
will have a passage. 1t can do no
harm. If the court says that the law
passed in 1921 is constitutional. that
settles the question. 1t is undoubt-
cdly true and l believe it is q matter
of common knowledge that there is
a very grave doubt in the minds of
attorneys as to the cOhstitutiOnaiity
of that law. And l can conceive Of
proper that that matter should be
settled now and settled once for all.
Mr.. BARWISE. of Bangor: Mr..
Speaker, and gentlemen. The ques-
ton. before us is not the constitution
llity or unconstitutionality Of this
INV, but the question before us is the
propriety Of our asking the question
It all under these circumstances.
That is the only Vue.tiOn; the pro-
priety Of our asking the question at
Ill under these circumstances. This
LEGISLATURE is not the place for set
ling disputed questions Of law. IL
is not our business to ask the court
to settle all sorts of problems which
may arise as to the cOnstitutionality
or unconstitutionality of various
laws of the State of Maine. AS the
gentleman from Houlton, (Mr. Archl-
ba!d) just pointed out to you, there
is no business before the House that
involves this question. We might
lust as well ask the question OF the
constitutionality Of any other statute
that we find in the whole range OF
the Revised Statutes. That would
he lust as pertinent to anything be-
fore this House as the question OF
the constitutiopality of poll taxes Tor
women, or any other question that
YOU might raise There is no ques-
ton before this Legislature upon
which we can properly address sucn
a query to the Supreme Court anu
anyone who has read Justice say
ages opinion knows That tne
Supreme Court Is not answering luie
questions. 1t will simply make
laughing stock of us to put such d
question up to them when tnere y ~
iss,e behind it, and which they
would not be bound to answer and
which they would not answer any
,.,y unless there were some question
ncnding and we had some constltu-
tional reason for asking it. l don
think that we. particularly the ia"-
ycrs of this House, want to make
this Legislature ridiculous by asking
questions that the Supreme court
will laugh al us for asking.
Mr.. CUMMINGS: Mr.. Speaker.
r.o,,ld like to inquire whether am
wrong in the assumption that tnis
Hcuse has a perfect right to ask the
Srprcme Court for its opinion upon
the consttutionality of an eHisting
law even if there is not something
nending at the present time III re
lation to II. c, ,,;,,
The SPEAKER: The Chair VIII
...,o &C II recalls the Rules, that the
legislature lay ask the OPINION VI
tho Sunreme Court. The CHAIR does
NOT recall that the matter OF a penn
IN, question is stated Withln the
p,,Ios The Chair would he very
,Jcased to have the Rules read by
any Representative in the hail Aoi
enlightenment. c,;,or. Mr..
Mr HAMILTON of Carioou: NJ
Sneaker. / had no intention OF 'aN
ing part in a question OF lh's IN
portance. because l am ne" n's'
Der here: but when a pro'he
mine states that it is an ldie ques'iol'
referring to this question Oh taA"'io|
af barl,s, stock which our bankers
have told us is mighty important.
tol,e exception to it. Now the DOUBT
has arisen whether this tax act is
local or not, and | say that II Is
mighty important. and that !. - no
an idle question for the supreme
Court of the state of Maine TO set
tie that question.
Now,as far as the question of re-
moving a statute is concerned we
will accent the report of the COM
mittee. but l say in the interest oil
the bankers of the State of Maine
that they want to know whether
that tax that is now existing is legal
or not. and it is mighty important
for them. as we'll as for the different
towns and cities throughout the
state. to find out whether we are
going to be taxed here or whether
we are gong to be taxed at home:
and [ think it is a good question for
our Judges to decide.
The SPEAKER: The Chair will
state, in answer to the gentleman
from Portland, Mr.. Cummings. hat
Section three of Article VI of The
Constitution of Maine says: '"They
shall be obliged" is the SUI
preme Court-''to give their opinion
upon important questions of law, and
upon solemn occasions. when reQuir-
ed by the Governor, Council. Senate
or House of Representatives" There
is nothing there relating to a pending
question. The Chair recognizes the
gentleman from foulton. Mr.. Archi-
bald.
Mr.. ARCHIBALD: Mr.. Speaker.
Under the laws of the Constitution
that have just been read by the Cnair
the language is used solemn occas-
IONS" and in the opinion that have
already read it was held that they
themselves are the judges as to
whether or not such a solemn oc-
casion exists as I have already stated.
and they say this. That it is suf-
ficient to say that such an occasion
does not exist unless the body maxi
ing the inquiry has occasion to con-
slider an act upon the question sub
mitted in the exercise Of the legis-
lative or executive powers entrusted
to 1T by the constitutional laws of the
State. and. citing a Massachusetts,
opinion. Many opinions of the Jus.