Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-02-22
STENOGRAPHIC PROCEEDINGS
CONTINUED from Page Nine)

| of that constitutional right and give
| service to the people of the State of
Maine in regard to the opinion as to
whether that law is in accordance with
| the Constitution of the State of Maine:
and | sincerely hope and firmly believe
| that the members of this S1st Legisla-
ture will vote in favor of asking for the
opinion of the court.
Mr.. ARCHIBALD of Houlton: Mr.
Speaker and Members of the Legisla-
! ture: There is a rather fundamental
question involved here from the stand
point of the Legislature itself. We are
asking to have question submitted to
the Supreme Court of Maine to deter
! mine the conStitutionality of a Statute
which was passed two years ago. is
now on the Statute books. and concern
| ing which. at this present time. 1 think
| | am correct in saying there is no
! pending legislation before this Lcgisla-
/ turc.
We had furry in the House here a
| while ago in relation to this same bill.
and after some discussion and the crea-
| ton of committee of conference, it
was committed to a joint committee.
! After this joint committee met and had
its hearings, it reported unanimously
back to this Legislature that the bill
ought not to pass Now after that re-
port came back. the report was accept
ed. and that report having been ac-
ccpted. that action. as l understand it.
takes this question entirely out of the
hands of the S1st Legislature. In
other words. what I mean to say is
! this. that by the acceptance of that re-
port the bill that was introduced is no
! longer pending before the SlSt LceiSla-
! ture. Now. if that is true. anything
else that may be said on the subject is
very readily Seen to be rather imma-
! tcrial; but in view of the fact that
! this matter has received so much dis
cussion. l think it would be wise to
understand what the real Question here
/ involved is. We are asking the judges
of the Supreme Court of Maine to rem
der an opinion as to the constitution
! ality of IA Statute which this Legisla-
| ture never passed at all. and we are
substantially asking your-thc pro-
poncnts of this order arc--to sustain
an order in the face of the unanimous
report of a committee on bill that it
ought not to pass and is now out of
this House: and this Legislature is not
the judge s to whether or not the oc-
| caSion exists for the submission of this
question to the court. The court
should be the judge of that. and will
first determine whether. under the
| laws of the State. such n Solemn &C.
| Ccsion" now exists as will permit it
oven to render such an opinion as we
are asking for here now. The court in
Maine has already passed upon that
question. and it says in very clear
\ terms that such an occasion does not
exist unless the body making the in
CURRY has occasion to consider and act
: hc M, 81
exercise Of the legislative or executive
powers intrustcd to it by tho Constitu-
| ton and laws of the state" Now that
situation has gone by and the matter
! is no longer pending here.
4 In the same opinion the court SAYS
this: Many opinions of the Justices
/ have been required and given, but it
Is found upon examination that they
/ were given in cases where the branch
| of the government rquring the
opinion had pending before it some
/ question concerning which doubts
existed as to its power and authority,
or as to the power of some sub
ordinate officer under the Constitu-
ton, or under existing statutes, and
where the settlement of such doubt
! was necessary to enable it, in the
exercise of its proper function, to
act legally and intelligently upon the
pending questions"
Now this situation that exists here
this morning. I submit, leaves this
matter entirely outside of the scope
I of that opinion. No such condition
exists. and / cannot see how in the
light of that opinion the judges them
selves. being the judges as to
whether or not Solemn occasion"
| arises, can possibly hold that such
an occasion does exist, and I am
satisfied in my mind that they will
state to this Legislature that they
would refuse to give an opinion be-
cause there is no solemn occasion"
Now if that is the fact, and if it is
the unquestionable fact that. after
serious consideration Of this subject
involving an act passed two years
ago, this Legislature by its Joint
committee has made a unanimous
report on this bill. it seems to me