Daily Kennebec journal., 1925-04-08
the S2nd MAINE LEGISLATURE
: Stenographic Report of Proceedings
= in the House and Senate

. adhere to it's former action whereby
bill was indefinitely postponed.
In the Senate: On motion by Mrs,
Foster of Kennebec, the Senate vot-
ed to recede and concur with the
House in indefinite postponement.
From the House: An Act making
it unlawful for any person to have
intoxicating liquor in his possession
in any public place. Is. D. 30D.
In Senate, April 6, Committee Of
Conference asked.
In the House: That body voted to
adhere to it's former action whereby
the bill was Indefinitely postponed.
In the Senate: On motion by Mr..
Hinckley of Cumberland, the Senate
voted to recede and concur with the
House in indefinite postpone,..ent.
Communication From the Justices Of
the Supreme Judicial Court
To the Honorable Senate and House
of Representatives of the State of
Maine:
On March cath last the several
Justices Of the Supreme Judicial
Court received copies Of the follow
ing order passed by your Honorable
Bodies on March 10th and 18th re-
spectively:
WHEREAS, it has been the pop
ular assumption for generations that
the wild lards were open to all the
citizens Of the State for hunting and
| fishing, subject only to such regula =
tions as may be made from time to
time by the legislature in the eXer-
| else Of the police power. and
WHEREAS, there is now pending
before the Joint Committee Of the
Legislature on State Lands and For
est Preservation, a bill entitled An
Act Relative to Hunting and Fish
ing, and
WHEREAS, Section one Of said
act reads as follows:
The common law right Of the in
dividual to hunt and camp on unin-
closed wood lands belonging to an
| other, and the right to cross and re-
cross such lands to lawfully fish and
| fowl on great ponds. rivers and
| streams. shall not be denied or
abridged to any person in this state
and
WHEREAS, 1t now appears i'm
perative that the present legal rights
of the public as aforesaid on the
wild lands be determined,
NOW THEREFORE ORDERED,
the House concurring, that IL. ac-
cordance with the provisions Of the
Constitution of this State, the JUS
tees Of the Supreme Judicial Court
are hereby respectively requested to
give this legislature their opinion on
the following questions:
Question Number One
Have the citizens of Maine the
right to go upon the uninclosed
woodlands belonging to another
without his leave. to hunt and take
fish or for any other purpose, in ad-
dition to the right definitely given by
the Colonial ordinances of 1641-47 tc
cross such lands to fish and fowl or
TIE great ponds?
Question Number Two
Do the citizens of Maine while ex-
ercising any of the rights referred tc
in the foregoing question have the
right to camp temporarily on said
sland?'
The undersigned members of this
Court, with due Difference to a CO.
ordinate branch Of the government
and mindful of their constitutional
obligations to give advisory opinions
to either or both branches of the
Legislature. or to the Governor anC
Council. on important questions OF
law and on solemn occasions, after
mature consideration are of the
law involved In the inquiries sub.
mitted are exceedingly important
both to owners of unenclosed wood
lands and to the public the situation
outlined in the order above set forth
does not constitute solemn occas.
ion within the meaning Of the Con.
stitution and hence We must respect.
fully decline to answer the questions
submitted.
1t appears from the copy Of the
order transmitted to the severa
members of this Court that there is
now pending before your Honorable
Bodies an Act which declares thai
the common law right of hunting
and camping on unenclosed wood
lands and the right to cross and re.
cross such lands to lawfully fish or
great ponds, rivers, and stream.
shall not be denied or abridged tc
any person in this state.
The members of this court in the
questions submitted are requested t.
advise the Honorable Senate ant
House of Representatives whether
the citizens of this state have any
such rights.
II any such rights exist, they. Of
course, can not be lawfully abridg,
ed or denied by any person; IL they
90 not exist. such legislation car
have no effect; and IL the Act is in
tended to grant such rights, where
none existed before, it would be ir
violation of both our state and Fed
eral Constitution as taking private
property without just compensation
The undersigned members are
therefore, Of the opinion that the
pendency Of legislation of this ma
ture does not of itself create a
solemn occasion within the meaning
OF the Constitution requiring the
several members of the Court to ad-
wise the legislative branch of the
government whether any such rights
exist. and however imperative II
may be from public standpoint to
nave such rights determined, neither
does such necessity alone constitute
a solemn occasion for interrogating
the members of this Court; nor can
such rights be iudicially determined ID
by Inquiries Of this nature and
answers by the individual members
OF the Court, even though everv
member be in accord. The opinions
of the members of the Court obtain
ed in this way have no binding ef
feet. They are merely the opinion
OF each individual member and are
advisory only.
| A conclusive determination of the
legal questions involved can only be
had upon proper proceedings in the
| Courts. where both sides may be
heard and a judgment pronounced
after full hearing.
J While it constitutes no reasnn for