Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-03-12

right % srsnt any further powers TO
powers vested in any such Literary
Institution. a. shall be judged
necessary to promote the best
Interest thereof" This was intro
duced by MIR. Ether Shepley OF Saco.
Now who was Ether Shepley? Was
his D pigmy mind? He was one of
the first. he was one OF the very
early Justices OF the Supreme Judi
clal Court. Chief Justice Of the
Supreme Judicial Court, serving
from 1885 on for a great many years.
1t Is fair to assume that Mr.. Shepley
was q man with some degree Of
acumen. Well. there were present
there some other men. Judge Dana
arose and discussed that section. and
1t will be Interesting to the mem.
bers. ! know, even though it Is n bit
tiresome. We are discussing a solemn
matter that is OF paramount import
ance. Let us see what Judge Dana
said. On Page 20s Of the Debates, he
said: Mr.. President rise, Sir. in
support of the motion of the gentleman
from Saco (Mr. Shepley). Well as the
gentleman on my right (Mr. Stock
bridge) remarked that this subject
creates no inconsiderable degree Of
excitement" They were discussing
1t. weren't they? There had been
created no inconslderable degree of
excitement. Il rejoice that 1t does,
for no subject has. or can come be-
fore this Convention OF deeper inter.
est to the State: whatever consti-
tuition we may form and send out to
the people. however excellent 1t may
be In other respects. unless II con-
tains ample provisions for the edu-
cation OF our youth. II will be ma
terially deficient. On the literature
and literary institutions OF country
or State. its happiness and prosper
ity greatly depend: and not only it's
happiness and prosperity. but l may
add. it's respectability and celebrity"
49,
The reported article, as amended,
makes ample provision for the estab-
lishment Of the various institutions
OF learning. necessary to the public
welfare, and at the same time con-
tains the salutary checks to prevent
the abuse of the powers given to
those whose duty 1t shall be TO man
age and direct them. In free gov
eminent. resting on the virtue and
Intelligence of the people. the public
hoo GIL thhpoi eahN III lHS SNu
cation of the youth; and I am graft
fed that we are about to begin this
great concern as we ought"
Judge Dana was followed by
Judge Paris, another, shall say,
not pigmy mind. because Albion X.
Paris was the second governor OF
Maine. and was man well known
aside from the holding of that Office
because we note that before the
separation he was a member Of the
Massachusetts. Legislature, was
United States attorney. was United
States Circuit Judge. and. rs / have
said, was the second Governor OF
Maine. He WAS a Justice of the SUI
preme Judicial Court from 1928 until
1885. when he resigned; and he was
elected United States Senator from
Maine. and then was chosen Comp
troller of the Treasury. Now Albion
X. Paris was a man of whom
think I would not be stretching IL
very far when I say that he had the
interests of Maine at heart when he
was discussing this question. Judge
Paris says 1T is with dffidence
approach this subject. But l must
say tina. I do not agree with the
e ntlcman froEs Seco. (Mr. Shepley)
as to the extent of the control which
the State ought to have over on,
Literary Institutions. ] am in favor
of retaining some control over and
connection with them; but for what
purpose? To prevent abuses in theil
management of their funds - Il
am willing" he says. You should
control Academies and Schools which
are endowed by the State. And no
person would GO further than my
self in supporting them, and no one
Ia more sensible of the policy of CIV
ing them all the ACKNOWLEDGEMENTS in
our power. / would go as far as to
compel the Legislature to endow
them literally. and then give them
the power to prevent abuses"
Now Judge Paris took a very much
more liberal view than Judge Dana
or Judge Thatcher or Mr.. Sheplcy.
e.. You will find, gentlemen. the dis
cusson was taken up by another
gentleman by the name of Holmes.
showing thA reason why that pro-
vision was put in. The year before
the adoption of that Constitution, I'M
der which this State has lived and
prospered. there was decided one of
the historic cases upon constitutional
law in the law books. the case of
Dartmouth College against the State
of New Hampshire. The whole ques-
ton at issue was whether or not the
charter of Dartmouth College was a
contract. and whether or not the Leg
islature of New Hampshire that
sought to increase the Board Of
Trustees of Dartmouth College.
were impairing the obligation Of that
contract. 1t went to the Supreme
Court Of the United States and the
question was argued by certain gen
tlcmen of more than local reputation
Mr.. Hoplinson. Mr.. William Writ. MIR.
Daniel Webster and Mr.. John Holmes
of Maine--the Mr.. Holmes who APP
reared in this Maine Constitutional
Convention and whose remarks I am
going to call to your attention.
Mr.. John Holmes was associated
with Mr.. William Writ. representing
the State of New Hampshire. Mr..
Hopkinson was associated with Dam
iel Webster. representing the COL
lege: and the Supreme Court of the
United States decided that the State
of New Hampshire had no right to
alter that charter because the char
ter was a contract. and that the sub
sequent attempted change was an
impairment of the obligation of the
contract. NOW, IL WAS IL iHdtleF tHaI
was widely discussed, and the pub
lie was discussing it. and the dele
gates were talking about endowing
educational institutions. Mr.. John
Holmes, who had been on the losing
side of that case, was in that Con-
stitutional Convention. and do yon
not think that it was in Mr.. Holmes
mind that he was going to do some-
thing when he was framing a new
Constitution. so that at some other
day any institution that took land
or money from the State and put up
it's hands and said. 1.-The State has not
got ANY control over us."-that at
some future time even in 1928. long
f<ou no1,o,os and yEahcfor ond <ho