Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-03-19


VOC DC reconsidercd whereby this
I'LL vas passed to be engrossed, and
nhoh tuat motion ! desire to say n
IL" Woios. The status of this bill
az II appears 70 be, is this. that IL is
an extremely deserving measure and
IS confronted with the automatic
limitation by expiration of the time
llfhlt on July 18th in the law protect
nlg moose. The purpose of the
sponsors Of the bin is most com-
mendable, but there is q more inn
portant question involved than that,
as l see it, and that is the attempt
TO reach the difficulty by the applica-
tlon or the emergency clause. l am
one VINO is rather inclined to the
necessity of the observance of the
spi1it or the constitution as well as
us letter. The initiative and referen-
duhi amendment provides very def
nltelE and very specifically that the
legislature shall have this prohibi-
ton upon its power, that it cannot
pass any Act that shall take effect
until ninety days after the adjourn
ment of the session, unless it is en-
erSency legislation. and that consti-
tl!lonaI provision defines an erner-
eehcy measure as anything that af-
iectS the peace, the health or the
safety of the public"
Now by tho very widest stretch of
the imagination | cannot sec any
lhlnS that can I've considered here as
affecting the public peace, the public
health or the public safety. from the
fact that upon the 9TH day of July
the protecting statute with reference
to moose expires; and the reason
why ! object to this emergency clause
is that it is by the solemn act Of the
legislature an attempt to bring into
Nlrtual disrepute a proposition that
the people of the State of Maine
nave passed upon when they put that
limitation upon the powers of the
legislature. That is to say, if it
may be done in this instance for
moose, it may be done for mice; if it
may be done here for this thing. then
it may bc done for any one of the
conceivable eXiSencies that a legisla-
ture should deem to be an emergency,
and 1t is a delberae and an unfor-
tunate perversion of that clause.
| am quite aware that the court in
this state has very carefully avoided
JudlclaI Interpretation upon this
point. There are courts that have
held that the determination Of the
emergency is within the purview of
the legislature itself. The courts of
oregon, and Arkansas and Oklahoma
have so held. Upon that very COM
petent authority the state from
which we almost literally borrowed
our initiative and referendum provis-
ion, the State OF Washington, has
decided absolutely to the contrary.
Also n state of considerable author
iY and considerable weight in our
courts in this jurisdiction. the state
of Ohio, has decided to the contrary.
The state OF Michigan has also de-
clded To the contrary. The state of
South Dakota has decided to the
contrary, namely. that it is not with
in the power of the legislature to fin
ally determine conclusively the ques-
ton of emergency. and that 1t is
susceptible of judicial review.
Our court had an opportunity, as
many of the attorneys in this cham
Der appreciate, to pass upon that,
nut did not pass upon it inasmuch
as they decided in the case then I'M
der conSidcrat ion that the Act was
invalid for other reasons. and that
they Wout1 not decide that constitu-
uonal question. Whether ii is a mat
ter OF judicial review or is not, does
not affect my argument in this re-
gard. IL there is no review by the
court OF the emergency in this State,
and if they should follow the states
Of Oregon, Arkansas and Oklahoma.
then it puts all the higher RESPONSE
bility upon the legislature to inter-
pref what is an emergency.
My suggestion to this Senate IS
tllis. the Act is desirable but be-
cause of the desirability of the Act
10
here the plain intcndment of the in
itiatiye and referendum amendment
to our constitution. | would suS-
Eest that the proper thing for us TO
DO is to reconsider the vote whereby
this bill was passed to be cngrosscd,
ana then offer an amendment re-
moving tie emergency clause and
give the Act its passage, and in that
way We have not raised any serious
question or set any precedent, and
then let the matter go along quickly
so that the ninety days will have
expired before the 18th of July: and
If We cannot do that. take a chance
that the week or ten days that would
be covered by this emergency act
will be handled In some other way.
rather than that the law itself shall
have received unfortunate precedent
like our proposed action.
However, Mr.. President. having
stated for my own benefit and not
with any hope of any particular
persuasion of my views hereon. as
lar as my own position is concerned,
and entirely consistent with the rec
ord. L viii now withdraw the motion
which | made at the outset. with the
permission Of the Senate. that we
reconsider the vote whereby this bin
was passed to be engrossed, and
will now yield to the Senator from
liScataquis. Senator crafts.
Mr.. Crafts then moved that the
bin he rctablod.
The motion was agreed to.
The PRESIDENT: The Chair