Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-02-13

of the chairman of the committee on
highways and bridges, that there was
any gas tax resulting at all. I re-
CALL confess 1t here,-that in con-
junction with other Senators, MEM
bers of the same profession as my
self, we publicly stated that we be-
lieVed that it was unconstitutional;
and l was one Of them. But the
common sense of the then chairman
I think of the committee on high
ways and bridges urged that there
was law as well as sense in the mat
ter and the question was sent to
the Justices Of the Supreme Court,
and not strange to relate but a fact.
the Justices Of the Supreme Court Of
Maine agreed in the view of the COM
mon sense gentleman of the COM
mittee on highways and bridges, and
not with the opinion of the attorneys
who We're acting upon the judiciary
committee.
This has never been but once with
in the sole province of the commit
tee on taxation, and when it was the
committee on taxation failed to
function. l think that the reference
is correct, and that the committee
on highways and bridges should re-
ceive this measure.
Mr.. SPIERS: Mr.. President, the
act says 1t Is a tax upon gasoline,
and If that does not come under the
committee on taxation | do not know
what would. 1t is true that the
highways and bridges committee
spend the money. but do not know
as they are the ones to raise it. In
fact, If all the money wanted were
raised the tax would be eight cents.
Now there are what you might
call interlocking measures going
along with this gas measure, and !
can see no reason why this should
not be referred to the committee to
which it belongs, which is the COM
mittee on taxation.
Mr.. ALLEN of York: Mr.. Presi-
dent and Senators, having been
chairman of the committee on taxa
ton for the last six years, having
plenty to do in this Legislature, | am
not looking for trouble nor looking
for work, and with all due respect to
the chairman of the committee on
ways and bridges, also to the hon
ored Senator from Kennebec, I wish
to state that when this bill was up
before the committee on taxation in
connection with the committee on
ways and bridges, that l think | my
self has as much to do with putting
the one cent tax there as any man
III this Legislature. and | think
the records will bear me out
when | say that was the
only man that stood on his feet
and claimed that the tax bill was
constitutional as against some mem
bers of the legal profession who
staked their reputation-stood here
and told me they would stake their
reputation that the bill was uncon-
stltutional. But the Supreme Court
or the State of Maine decided that it
was constitutional. and we have a
gasoline tax at the present time of
one cent, due as much to the taxation
committee as to any other commit
tee in this Legislature. All I have
got TO say is this: This bill calls for
an act relating to the tax upon gaso-
me. Does that mean anything else
but a tax on gasoline? and is it any,
tiihs else but a tax measure? All /
ask you. gentlemen. is lust to take
that into consideration and vote on
that.
Mr.. SMITH OF Somerset: Mr.. Pres
ldent. as member Of the committee
on ways and bridges it is rather deli
cate Tor me to even make a suggestion.
presume 1t is the expectation of this
Legislature that the committee on
ways and bridges shall present at the
proper time complete program for
| ioad building. 1t is to be hoped that
that committee should have something.
10 90, ana ought to know what to do.
as TO the money received from the gas
TAX. But In the interest OF harmony.
|, at the proper time, will make an
amendment to the motion made by tho
senator from Cumberland. and suggest
that the reference DC made to Joint
committee of ways and bridges and
taxation
Mr. HTNCKLEY of Cumberland: Mr..
PRESIDENT. l had no intention Of enter
ing this discussion whatever, but It
seems to me that 1t is clearly within
the province of the committee on tax
anon to have before them all matters
OF raising money for the various pur-
POSES OF taxation. The committee on
highways and bridges has to do with
cNpending money. if you please. after
1t has been raised by the Legislature.
but l do not think that it is IN. to
that committee to seriously interfere
in the providing of funds by taxation.
tee Is appointed for. to take upon
themselves and decide questions of
taxation. This is clearly an excise
tax. It Is nothing more or less. And
sincerely hope that double commit
tees will not he appointed 1t takes
UP n lot of time. 1t delays matters.
ANA see no sense or reason for two
committees, or for any other refer
cnce in the matter of fairness to any
other committee except to the commit
tee on taxation where / honestly be-
lieve it belongs.
Mr. WADSWOETIT of kennehcc:
Mr.. President, l do net know anything
about the legal questions in this mat
ter. but as a business proposition it
looks to me the question is, what our
road program is going to be. If we
nave three-cent tax on gasoline It
VIII have great bearing on the bond
issue Now, as I understand it. the
committee on ways and bridges have
gwen quite considerable study TO
TINS matter. and l think that with the
study that they have given in regard
to the gas tax. and the amount of
money it will bring in. and the amount
of bonds which it will be necessary to
lssue-taking all those things together
1t seems tonne that it is nothing moro
than fair to expedite matters for them
to handle this act. They have already.
as L said, given the matter considera-
ton, and if it goes to q different COM
mlttee We do not know when it will
ne referred back. We do not know
how long the committee on WAYS and
bridges are going to be DELAYED in
coming to decision as to what the
will