Daily Kennebec journal., 1925-03-18


what shall not be Is the same u M,
Act, that 1t will permit some peouI.
to cali to the attention of the cou,t
that the law is beng violated. / a
not know of any provision OF thIs A.,
to prevent any ten men or any cps
man in any section Of this State ~
sees fit to call to the attention 4
the Court any evasion Of law.
/ will call to the attention OF tbs
Senator from Androscoggin, Senafor
Carter, another departure, which I |
think he would be very much n.
terested in, and I shall be rlad 4
have his views thereon, and that \ I
the matter of legal procedure In IL
State of Maine. The existing lav !
provides very definitely what shail
be the legal standard of time, and h |
does not provide any penalty for ths
violation thereof. And 1t has oc.
CURED to some that this very At
which has been under discussion. |
and the original Act apparently
which had this penal clause in 4, |
was a good way to put teeth into
the law and make that law enforts. !,
able. ] think they were poorly ID. |
vised. and l do not like the msthod
In which they go about It, becauH
they create statute which says
what shall be the law, and thw
create no penalty for the violation
thereof, but now by this Act create
a penal offense and make q punish. |
ment of the penal offense within the
purview of the equity court. Then
Is a scope and a breadth and ]
meaning in this law as we are con.
sidering 1t as a precedent that b
bad: that is bad from legal stand.
point. do not like to see any penal
statute created and prosecutions
hereunder remitted TO anything
other than that tribunal which hu
come down to us from Magma Chat |
ter. namely, the jury.
When you take and create penal
provisions and put the enforcement
of those provisions on to the equity
arm of the court, you are going, quite
a way. And when the Senator. from
Androscoggin says there Is no methd
of enforcing the present law, ! WI
call his attention to section OF char
ter 1877 of the present existing hm
of this State. I call the attention q
the sponsors and friends Of the pres
ent standard daylight saving time .
that section. Whenever there
statute of this State saying what
shall or what shall not be done and |
there is no penalty provided. the %.
tute does not then simply by nn
commission become an unworkaoA
empty phrase. Section / OF cnap'
ter 1877 provides that when there
not any other penalty the penalg
shall be either a fine not exceeolns
$500 or imprisonment. To be sun
the words are limited to person, pw
by the words and phrases here pG'
son and corporation are intercnanss
able: and the present law Is hs
Maine, that any man who wantea
get the city of Portland indicted. w
as any other town my be lndless
for not keeping up Its ways-ws
wanted to make a criminal compnm
as against anybody who was vlOml
ing the contract law. or any oine,.
who was working his employees
different than the standard time
could proceed against him Dy
and ordinary and regar ~
tenn of criminal prosecution ~
dictment If he could get it, ana ~
could get an indictment ne coule ~
a conviction-then that indivlopnw
that municipality or that city sv sSsr
be liable to penalty unoer
of chapter 1877 of $500. All
There is law enough as II 10 .snm s
when we commence to go away n
the theory of a penalty for peas
statute to a penal statute with eaun
able procedure, you are getuns IN
tenn of Jurisprudence started ~ ,,.s.
State of Maine that / do not pea'
will be a precedent that Is VIZ IN
think it will be something tnas IN !,
come back 20 bother you wnen wn.Sh
say that you put on the e?mt.a. -.
power Of the court, on the EQUIV a,
of the court the duty of enforcMe
Injunction the violation Of anyoI
all the numerous sumptuary x
that can be conceived ana as M
ly introduced as this one. ltSss
parture to which l do not supsie s,iue
I do not believe in daylignt 80 Il.
and I would vote against ~ Nut
tempt at changing standard ul% n
I do not believe that you
monkey wit, the law as 1t Is; -
The PRESIDENT: Does ~
Anthoine desire to make 9 Invsrrt Z
present remonstrances OF haipn
ris and hundred thousand n
less against this law? 4 I
Mr.. Anthoine: I move thes -"
cepted AMI placed on file. s
The motion was agreed TO-; go, I
The PRESIDENT: Does the can C /
tor from Cumberland, Mr. M.,nn 70
care to do the same IN reia"' 4
his? .,...
Mr.. CRAM: I also move IN sssssu.. .v. !
ton with those which | nave paccep.. (
ed in the Senate. that they pe ~ Rry
ed and placed On file. petitioll y hcp
Purington and many otheiS
Portland and vicinity. .t
The motion was agreed To- , ,,cs
Mr.. Walker: Mr. President, .sslapd |
that the petitions of the kC.dsa kSCsmdsa (
LIMERICK Railroad and the .sch spd !.
Woolen Company, John T. s nhH
many others be accepted anu
on file.
The motion was agreed TO- ,,drs
Mr.. CRAM: Mr.. Presideh,, arurss (
to refer for a moment TO Ins Ksupr I
as quoted by the senator l,o," 10 DO
bee. Senator Foster. reIa,Ns
vote cast in the city OF fo .,ms ~
favor of daylight saving ths fsct
called. He called attention " tiers ~
that there were some $4,000 sSssyli%
that the vote in favor OF ,,r prsd'
saving was 647s. I submit, ~ MI IN .ls'
dent. that the usual vote cass nstIpss
tlons is sometimes less, ana .hs rscs
slightly over so per cent. OF That "
tered vote; and also submit S.ylisk
vote as cast in Portland on Thr
saving was two to one in favor. Nrd
fore the vote cast was as Iass,, Is.s,,y csS
laryer than that which Is usu, 4