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

TedIlIe IulIy tnat II the bankers,
or any large interests. want the
opinion Of the Supreme Court. they
can get 1t very readily by paying for
the same; but when the people want
such legal opinion they have got 4
to have the finances to back 1t up.
I wrote down on q piece Of paper-it
may be q crude way I'd do 1t. and /
probably would not do it II were
a lawyer-but l wrote down that you
can ask for an opinion on important
questions Of law. OF course to de-
fine 1t, / can only define 1t the same
as an ordinary. everyday person
would do-just the same as the peo-
pie whom we represent would define
the law: and I believe that 1t is an
important question and that this Is
a Solemn occasion" It's a Solemn
occasion" where. through the acts
of the last session of the Legislature.
the people Of the State OF Maine lost
some $4,000 of taxes, and it would
seem to me-and l hope that enough
Of the rest Of you will see it the same
way--that we should at least ask the
Supreme Court their opinion; and.
If we are asking something from
them on which there is digerence
of opinion. as there seems to be
among the legal talent, it is UP to
them to decide that question, L am
in favor OF asking. and am not
ashamed to go on record as asking
the opinion of the great Supreme
Court OF Maine on any question.
whether we have the right to ask it
or not; and | think that they will
answer any question that we ask
them and answer it honestly and
! fcarlessly. AS ! say. i am not
ashamed for one. and / believe there
are others in the Legislature who
are not ashamed to ask them any
such question. ] believe it is our
duty. and that the citizens of the
State of Maine would become more
enlightened if they would ask more
questions of men of the higher courts
Of this State. and that there would
not be that great unrest Which We
see about US if we. all took upon our
selves to ask questions about things
we do not understand. We do not
understand. and that is why we are
asking the Supreme Court to give
us their opinion. / certainly hope
the motion will prevail.
EIr. PALMER of Island Falls: Mr.
Speaker. through the Chair. ! would
bon. Mr.. VIM. why he did not have
this question put before the Supreme
Court when the question was pend
ing?
The SPEAKER: The gentleman
from Lisbon. Mr.. VIM. may answer
the question through the Chair.
Mr.. WYNN: Mr.. Speaker, 1 will
say that it did not occur to me at
that time and not being an attorney.
as | said before, / did not foresee
that this question would be asked.
| believe from reading the Consti-
tuition of the State of Maine. as I
have said before. that we have the
power to ask questions in regard to
the law.
Mr.. PALMER: Mr. Speaker and
gentlemen of the House: 1t seems to
me that the easiest way to get an
opinion on this order is to PIT in a
bill again. If they want to make
themselves So ridiculous as to put in
another banking bill and have it
turned down. that will be all right
but why should the House reverse
itself on its decision in regard to
the bill itself"
On motion by Mr.. Maher of Au-
gusta. the rules were suspended. End
Mr.. Cummings of Portland was given
unanimous consent to speak again
on the matter in question.
Mr.. CUMMINGS: Mr.. Speaker. I'M
fortunately the gentlemen on the
other side of this question seek oSly
evasion. That is the sum and sub
stance Of the whole thing. They de-
sire to eyade this question. They de
sire to prevent its being put up to
the Surname anh %
they show conscious realization
that they are very likely wrong in
their contention. l believe the con-
stitutional right of this House to ask
this question is undoubted and l hope
that the order will have passage
The SPEAKER: The pending ques-
ton is on the passage of the order
, as moved by the gentleman from
! Lisbon. Mr.. VIM.
Mr.. WYNN: Mr.. Speaker, I call for
the yeas and nays.
The SPEAKER: All those who are
in favor of the yeas and nays will
rise.
\ sufficient number having arisen
the yeas and nays were ordered
The SPEAKER: Is the House
! ready for the question: The Clerk
will call the roll. and as many as
are in favor of the passage of this
order as moved by the gentleman
from Lisbon. Mr.. VIM. will say yes
when their names are called, and
those opposed will say no. The
Clerk will call the roll.
1EA-Ayer. Bartlett of Hanover
Bartlett of Waterville. Belliveau. Be
ley. Cummings. Dilling. Dunbar. Dunn
Edwards. Finncll. Cagne. Gagncn. Gar
olncr. Gillespie. Gilmour. Goldthwaite
Hallett. Hamilton, Hayes of Chelsea,
Hobbs. Holmes. Jacobs. Jewett. Jor-
d dan Of Cape Elizabeth. Jordan of West
Mcliheron. Morse of Bath. Nadeau
Overlook: Owens. Pendleton. Perry
Ramsdcll. kanney. Ray. RoweN. Spar
row. staples. Stitham. Stratton,
rueague. Whitney, Williams. Vim,
.NAY-Adams of Liberty. Adams of
I,itchheld. Archibald Atwood. Baker
Barwise. Beckett. Bisbee. Blaisdell
Boulter Bradbury. Brewster. Brown
Crafts. Curtis. Dain. Douglas. Down.
ing, Drake. Dudley. Farley, Foss. Garm.
age. Gle. Granville. Greenleaf, Hale
Hammond. Hayes of Gorhan1. Hayford
Heal Hodgkns. Houghton. Hutchinson
1-amson. feathers. Leland. Littlefield
Lord of South Portland. Lord of Wells
ludgate. Martin. Melcher. Moody. Nor.
rlson. Nevins. Newcomb. Nickerc:n
0Connell Palmer. Perkins. Phillips
Pierce. Pinkham, Piper, Reed. Rogers
Rounds. Saunders. Sayward, Smith
Stevens. Storm. Story. Stratton, Tarr
Thomas of Chesterville Thomas of
Leeds. Tilden. Towne, Weeks, Willis
Wing. Wood-S3
ABSENT-Bickford, Pickett Cauyin
Gordon. Knight. Morse of Greene. Mich.
OILS. 0akes. Plummer, Sanders, Siddall
Small. White-14
The SPEAKER: Fifty-four bav-
inr 1-Ofa1 Il, %Lo .