Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-04-01

| to pass" and the Chair is wondering
whether or not there Is clerical er-
ror In the calendar.
| Mr.. ANTHOINE: Mr.. President, I
will withdraw my motion. l do not
know Just what the parliamentary
situation Is, but there was an order
that was introduced Into this body
by the majority of the judiciary COM
mittee ordering that the bill be re-
ferred to the people. and that is SEN
ate Document No. 270, think.
Mr.. HINCKLEY of Cumberland:
Mr.. President, l think perhaps l can
explain the situation.
| The PRESIDENTS: II the Senator
! from Cumberland. Senator Hinckley,
will yield for just moment. Then
your motion, Senator Anthoine, was
in relation to Senate Document No.
270?
Mr.. ANTHoINE: My motion was
with reference to the passage of the
order of the committee on judiciary.
The PRESIDENTS: Your motion
was with reference to report "a" re-
porting Ought to pass" and there
IL no such report. according to the
calendar.
Mr.. ANTHoINE: Then. Mr.. Presi-
dent, l will withdraw my motion.
IlG L INLSlCLAN ANON NAit1S 49,
your motion?
Mr.. ANTHOINE: My motion is
that the order Of the committee on
judiciary be given passage.
The PRESIDENT: And that is
fought to pass"
Mr.. ANTHoINE: That report is
that it ought to be referred to the
people. AS l understand. Mr.. Presi-
dent, the Senator from Cumberland.
Senator Hinckley, states that he can
explain the parliamentary situation
which is perhaps a little tangled.
Mr.. HINCkLEY: Mr.. President, l
am not surprised that the way in
in which this appears on the calen-
dar is misleading, but l will say also
that Il Is correct. There are two re-
ports from the committee on judi
ciary, report "A" which is Ought not
to pass" meaning that this legisla-
ture should not adopt or pass an Act
which is known as the Anthoine Act
relating to primary, but that same
report recommends that it be submit
ted as a competing measure with the
initiated primary bill; SO that the
report Ought not to pass" Is correct,
stating that 1t should be stated as
competing measure is correct. SO
that the acceptance Of report "A,
which is Ought not to pass but
that it should be submitted to the
means that this legislature does not
agree to enact it, but that 1t does
agree to submit it to the people.
Report "B" which Is signed by the
other members of the committee. re-
porting fought not to pass" means
that the matter is dead and that 1t
will not be submitted as a competing
measure to the people.
Mr.. ANTHOINE: Mr.. President,
In view Of the explanation made by
the Senator from Cumberland. SEN
ator Hinckley, l will now move the
adoption of report "a" that the bill
Ought not to pass" but that it be
referred to the people as competing
measure.
The PRESIDENTS: The Chair will
state that this body can act upon
only one bill at time, on one motion
at a time.
Mr.. HINCKLEY: Mr.. President.
rise to a point of order.
The PRESIDENT: The Senator
from Cumberland. Senator Hinckley,
may state his point of order.
Mr.. HINCKLEY: Mr.. President,
Senate Document go, should not be
numbered 27O, but it should be part
of Senate Document No. 269. and
should be a part of the report in No.
269. The report "A" in No. 269 en-
bodies the order as part of it, so that
the acceptance of the report carries
the order.
Mr.. CARTER of Androscoggin: Mr..
President, l rise for the purpose of
seeking information. and l would
like to ask the Chair whether l am
;,,1, hn in r
ting to the people the initiative and
referendum it takes a majority vote.
Is that correct?
The PRESIDENT: The Chair will
say yes.
Mr.. CARTER: And in submitting
the Cakes Anthoine bill. which is an
amendment to the constitution, 1t
takes a two-thirds vote?
4 Mr.. HINCKLEY: Mr.. President,
may / again explain perhaps, in or
der to save time
The PRESIDENTS: The Senator
from Cumberland, Senator Hinckley,
may proceed.
MIR. HINCKLEY: Mr.. President.
the initiated bill does not require any
vote; 1t goes under the provisions of
the constitution as matter of
course; we take no vote upon it; we
SIMPLY dCCcPl luc lepoll anu bSS oiid
that we take no action. The other,
of course, is not a constitutional re-
solve.
!, Mr.. CARTER: The Oakes-An-
thoine bill is a constitutional re-
solve.s
Mr.. ANTHOINE: Mr.. President.
with the permission of the Chair |
will answer through the Chair the
Senator from AndroscoFgin, Senator
Carter, that the joint bill proposed
by Mr.. Cakes and myself Is not an
amendment to the constitution and
requires only a majority vote. 1T is
a statute purely and simply. 1t re-
peals certain sections of chapter six
of the Revised Statutes and substi-
tutes q new method in place of chap
ter six. and is not an amendment to
the constitution.
Mr.. Carter: Mr.. President. will
say that that answers the question
which / had in my mind.
Mr.. HINCkLEY: Now Mr.. Presi-
dent. having learned the views of
certain Senators on the matter, l
wish at this time to make a few re-
marks showing the position of the
Senator from Aroostook, Senator
Hussey, and myself in behalf of the
Senate in reporting amendment 'B."
A Dill has been initiated by 12,o0O OF
the electors of the state of Maine as
provided in the constitution. Under
the provisions of that Act it must go
to the people, and that is a measure
repeating our present law and sub
shutting in place thereof the old con-
vention system. Then what is known
as the Cakes Anthoine bill comes
along, and it is the purpose Of those
interested in those bills to have them
submitted as competing measure
with the initiated bill. The Cakes
Anthoine bills are spoken Of as a
|