Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-03-29

VIA AeS o"u merit. by granting this,
we are not allowing anybody else to
sue the State. We have to grant
That permission in every case, and il
we expect to give Mr.. Prouty any
rights at all. we must give him tn,
right to sue the State as he woulo
an individual. If we simply give hin.
the right to sue the State, and STOP
there. he has gained nothing: he is
no better off than he Is now, because
there is no law court in the worlc
that would say, as a matter of law
that the State is liable in an actio,
eN delicto for any OF the negligen
| acts of its servants.
hope that this confusion OF tn.
| Governor as between the two kind.
| or actions will not confuse the House
II we expect Mr.. Prouty to gain any.
thing. or to have any right or oppor
tunity to gain anything. we must pu,
the bill through as we originally
! drew it.
Mr.. MAHEk OF Augusta: Mr..
Speaker and gentlemen: | do no,
wish to add anything at all to what
the gentleman from Orono (Mr. Per-
klns) has stated or to what the gen.
! tleman from Bangor (hlr. 'Barwise)
| has said. with reference to what &C.
CURED two years ago, but do desire
/ 10 set the House right with refer
| ence to the action of the judiciary
! committee on this matter.
There was twice as much in dol
i lars, l believe, recovered from the
! state as the Legislature voted Now
the situation is not a bit different
this year. 1t is exactly the same safe
| OF facts and state Of laws. The gem
I tieman from Bangor CHR. Darwwisc)
; has fallen into bit of an error with
!. reference to the status of it'at pres
! ent. The Judiciary committee con-
sidered the matter this year and
after full consideration and confer
ence with the representatives. Of
Prouty. and a full, clear statement
| of the situation from the Attorney
General himself, we took the figure
! that the Attorney Generals Depart
ment. speaking through the Attorney
General, agreed with the representa-
tive of Mr.. Prouty was a fair figure
Assuming liability which the Attor-
ney General admitted existed under
resolution such as we passed two
years ago and the verdict of the jury
and the decision of the law court, the
matter of liability was what is known
in law as res adjudicata, so. not to
go through the barren performance
of a Legal trial. we gave them the
chance of giving this man an oppor-
tunitysto spend some money with
lawyers in suing. and we said. Let
us get down to cases of how much
is really due this man. and the At
torney Generals Department and the
attorneys representing the man
agreeing on a certain specific figure
we took that figure. and this Legis-
iature now has in front of it. not
permission to sue; that is not the
position at all> but the recommends
ton of the amount in dollars that the
Attorney Generals Department re-
commended.
Now it is question whether or
not this Legislature desires to turn
down again what our committee has
recommended as fair adjustment
of the matter and let him sue and
perhaps get twice. or three times as
much as we are willing to allow.
The SPEAKER: The question is n
constitutional one and the yea and
nay votes arc necessary. AS many
as are in favor of the resolve becom-
ing law Notwithstanding the OBJ
Jections of the Governor will answer
Ncs when their names are called
Those who wish to sustain the veto
of the Governor will answer no when
their names are called. Is the House
ready for the question:
The question being called for, the
Clerk called the roll.
YEA-Adams of Liberty. Archibald.
Atwood, Aver. Baker. Bartlett of
Hanover. Bartlett of Watervillc. Bar
wise. Beckett. Benoit. Bickford. Bis
bee. Blaisdell. Boman. Boulter. Brad
bury. Brett. Brewster. Brown. Burns.
Gates. Chalmers, Cherry, Clarke.
Conant. Crafts. Crowley. Cummings.
Curtis. Dain, billing. Douglas, Down
ing. Drake. Dudley. Dunbar. Dunn.
Edwards. Farley. Pickett. Finnell.
koss. GaGne. Gagnon, Gardiner, Gile
Gillespie. Gilrour. Goldthwaite. Cor
don, Granville. Greenleaf. Hallett.
Hamilton. Hammond. Hayes of Cor
ham. Hayford, Heal. Hobbs. Hodg-
kins, Holmes. Houghton. Hutchinson.
Jacobs. Jewett. Johnson. Jordan of
Westbrook, keef. Kitchen, Knight,
Lamson. feathers. Littlefeld. Lord of
Wells. Ludgate. Macomber. Maher,
Martin. Mcdonald. Mcllhcron. Mel
cher. Moody. Morrison. Nadeau. New
comb. Nichols. Cakes. O'Connell,
Overlook, Palmer. Perkins, Perry.
Phillips. Pinkham. Piper. Plummer,
Ramsdell, Ranney. Ray. Rogers,
Rounds. Howell. Sanders. Saunders.
Sayward. Siddall. Small. Sparrow,
Staples. Stevens. Storm. Story. Strait
ton. Tarr, Thomas of Chesterville,
Thomas of Leeds. Tilden. Towne,
White. Whitney. Williams, Willis,
Wing. VIM. Winslow. Wood.-126
NAI-Adams of Litchfield. Hale.
Hayes of Chelsea. Keene. Nevins.
Nickerson. pendleton. Reed, Sturgis.
..
ACKNOWLEDGMENT. Carnage. eau
vim. Jones. Jordan of Cape Elizabeth,
Leland, Lord of South Portland,
Morse of Bath, Morse Of Greene,
Owens. Pierce, Smith, Stitham,
league. Weeks.-15.
Affirmative-126.
Negative-9.
Absent-15.
The SPEAKER: One hundred and
twenty-six having voted in the af-
1irmative and nine in the negative,
the objections Of the Governor are
not sustained.
Papers from the Senate disposed
of in concurrence.
From the Senate: An Act to allow
the town Of Ashland to hold its an
nual town meeting for the year 1928
in the month of April instead of in
March as required by law.
In the Senate, read twice under
suspension of the rules and passed
to be engrossed.
In the House. read twice under
suspension of the rules and passed to
be engrossed in concurrence.
Senate Bills in First Reading
Senate 270: An Act to amend
Chapter So Of the Public Laws of
1919. relating to retiring and PEN
sioning employees of the State.
Senate 257: Resolve in favor OF