Daily Kennebec journal., 1925-03-13

cution. which amounts practically to
extortion. That part of this new bill
is intended to prevent that ahuse
The other amendment was intend
ed to meet another abuse that has
! crept In during the past two years,
| which Is this: that frequently when
pressed for funds. and also when
! urged and pursued by creditors,
/ debtors have been induced to give
check when they had not these funds
/ In order to avoid trouble with their
/ creditor at the time: and this has
been done when the creditor knew
tnat the drawer Of the check had
not the funds, and with the intent
| to pursue him under this statute
aiter getting possession of the
check; so that this amendment was
| put IN to prevent that abuse. Both
| or these abuses have been found to
| nave crept into our practice within
| the last two years. and it is to pre-
vent these two abuses, and not to
weaken the law. that this bill was
introduced.
! The SPEAKER: The question IS
| on the motion of the gentleman from
Berwick, Mr.. Frost, that this bill be
indefinitely postponed
| Mr.. HOLMES of Lewiston: Mr..
speaker. l wish to support the mo-
tlon OF the gentleman from Berwick.
Mr.. Frost. The theory that lies be-
nind all criminal law is that a GRIM
maj onense Is an offense against the
| State but not against an individual
not against the citizen-and it
seems to me that it would be a great
mistake for Legislature to recog-
nize In the faintest degree a respon-
siblllty OF one who commits a crime
| 10 the onended party except insofar
! as the offended party has a civil ac-
ton for the civil wrong done to him.
The theory of our law-and it has
always been the theory--is that
when one commits a crime, either
under the common law or a crime
created by statute. he offends the
majesty of the State, he offends the
public. He has done something con-
trary to the welfare of all the peo-
pie. Now it seems to me that in this
Dill as drafted the theory there is
plain that man may commit a
crime against person, to wit
At this point a communication
was received from the Senate,
through its Secretary. proposing a
Joint convention of. both branches of
the Legislature forthwith in the hall
of the House for the purpose Of lis
tenfng to an address by Brigadier
General Lord, the Director of the
Budget Of the United States.
The House voted to concur in the
proposition for joint convention of
the two branches of the Legislature,
and the Clerk of the House was
charged by the Speaker with the
duty of informing the Senate that
the House SO concurred.
Subsequently the Clerk reported
that he had performed the duty. as
signed him.
Mr.. HOLMES continuing: Mr..
Speaker. will be very brief because
l know now that we have our atten-
tion upon the coming treat. 1 was
saying that it appears to me from
what light l have that there has
crept into this bill the false and dan
gerous theory that man may COM
NIT crime against an Individual and
that the individual may forgive the
crime, and, if he forgives the crime.
then the crime disappears and there
is no crime against the majesty of
the State. l think that we should
guard against this. / think that the
purpose In mind by the proponents
OF this bill was doubtless most sim
cere and most commendable, but
think that it is loosely and dangerously
drafted legislation and that later
Legislature would be obliged to repeal
it. We should never permit one who
has been offended and suffered a civil
wrong to eliminate the State from
its proper right of punishment by
making restitution within five days.
Either a crime is committed or it is
not committed in law.
On motion by Mr.. Hamilton Of
Caribou. this bill was re-tabled pend
ing third reading and especially as
signed for Wednesday next.
. At this point the Senate came in
and a joint convention was formed.
In Convention
+ The President of the Senate in the
Chair.
On motion by Senator Walker OF
Knox it was.
Ordered. that a committee be ap-
pointed to wait upon Brigadier- Gen.
eral Herbert NJ. Lord. Director Of the
Budget OF the United States. and in
form him that the two branches OF
! the Legislature are in convention as
, sembled in the hall of the House OF
representatives. and to extend to
. him an invitation to attend the con-
vention and present such communi-
cation as he may be pleased to make.
Also ordered, that the same COM
mittee wait upon Honorable Ralph O.
Brewster. Governor. and extend ia
him an invitation to attend the con-
vention.
Thereupon, the chairman OF the
convention appointed as members OF
that committee on the part of the
Senate Senators Walker Of Knox
!, Morrison Of Franklin, Smith Of Som
. erset: on the part Of the House, Rep
!. resentative Piper of Jackman. Frost
of Belfast. Roberts Of Bar Harbor
Nichols Of Portland. Thissell Of Nor
ridgewock, Martin Of Augusta and
Leighton Of Dennysville.
Subsequently Senator Walker for
the committee. reported that he had
delivered the message with which he
was charged and that General Lord
, and his Excellancy, Governor Brew
, ster, will attend forthwith.
The report was accepted.
General Lord. Governor Brewster
land suite then entered the hall of the
House Of Representatives. amid ap-
! plause. the members of the conven-
ton rising.
The CHAIRMAN Of the Conven-
, ton president BuzzelD: Members OF
} this Joint convention, ladies and gen.
tlemen of the State OF Maine in at
; tendance: Maine has been honored
many times and in more ways than
one, Indeed we point with pride,
= every one Of us, to our great agrlcul- :
tural advantages. We point with
much pride to our Industrial achieve
mnnts and now we are saying quite