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


become confused and they will mis-
understand the situation, and that
the direct primary bill will in fact be
in danger.
1t has been suggested by some that
the initiated bill is in such a condi-
ton that If the primary bill should
be repealed then we would have no
law to work under. and that it would
be necessary to call special session
OF the legislature, and / will say that
some OF US have looked into that
phase of the matter carefully and
we are somewhat fearful of the re-
suit. We do not think that situation
will result. We are satisfied If we
can go to the people on the direct
issue as between the convention and
the primary that the primary pro-
position will win out by an over
whelming majority. We want the
people to have a chance to vote n
it without being misled or without
the people misunderstanding the pro-
position. We feel it to be the duty
under the circumstances of those
who are interested in the primary
law to stand with us in ending the
| Cakes Anthoine bill.
| l will say, Furthermore, that the
Women's organization representing
about $4,000 names are against any
change in the present primary law,
and l know that the leaders Of those
women in the state who are in favor
Of retaining the primary law are In
accord on the proposition that we
should go right to the people on this
one thing and not submit the Cakes
, Anthoine bill with this measure.
| MIR. CARTER: Mr.. President, /
| want to be recorded as being against
any attempt at tampering with the
primary law at this session of the
Legislature. The question which
still persists in my mind is this, if
l have the matter clearly placed in
in my mind, with the initiative and
referendum which is before us this
body can in no way act except under
the constitution to pass it along to
the people. 1t goes to the people
under the provisions of the constitu-
ton. We now have with us and be-
| fore us measure which Is subject
, to a majority and minority vote of
this Senate, whether it passes or
does not pass. Now these two
measures are coupled in an order, IL
I get the parliamentary situation
right, so that we will assume that
the order fails of a passage, then we
have been voting not to submit I'M
der the provisions of the initiative
and referendum a matter to the peo-
pie, something which / understand
under the constitution We cannot do.
We have also this morning voted
! fought not to pass or accepted the
/ report Ought not to pass on the
Oakes-Anthoine bill: but by voting
ought not to pass on the Cakes
/ l., Ia tirr VT
| do in fact vote to submit the
: Oakes-Anthoine bill to the people
with the initiative and referendum.
| do not for moment question the
legal knowledge of the members of
the judiciary committee or the care
fulness with which they have look
ed UP this matter, but it seems to me
that we cannot properly join that
which we must submit to the people
as a matter of right under the con-
stitution with a bill which We can
kill in this Senate if we wish to vote
/ that way. 1t does not seem to me
| that these matters are properly
! Joined in the resolve, although l Will
say that l have not carefully looked
the matter up and I have no ques-
ton but what the judiciary commit
tee is right.
| Mr.. President and Gentlemen. 1t
seems to me that this. is mongrel.
bungling way of handling the situa-
ton relative to our constitution,
! whereby we vote ought not to
| pass and still we do In fact pass the
bill under the very proviso or the
Judiciary committees report A,
which is Ought not to pass and TO
submit the bill. 1t seems to me In
regard to these matters, one or
which goes along as matter or law
anyway. and the other Is matter
within our jurisdiction. and 1t seems
to me as if these matters should be
submitted.
Mr.. MAHER of Kennebec: MIR.
President, being one of the majority
signers of the reports which are be-
ing considered relative to this meas
ure, l feel that perhaps / should
make myself clear as to what was
in the minds of the majority OF the
committee. Personally. / am alb
solutely committed to and believe IN
the principle of the direct primary
and | am opposed to any tinkerlng.
any change or substitution or alter
alton therein, and / think that Is
the sentiment of the majority OF the
judiciary committee.
Mr.. President. 1 think that the
situation with reference to this par
ticularly involved matter has not
been made exactly clear by the
chairman of the judiciary commit
tee.tthe Senator from Cumberland.
Senator Hnckley. who signed the
minority report. 1t was certainly In
the minds. l think, of the entire
| -, hot 40 Initial
ed measure known as the O'Connell
bill was so inaptly and SO inartifi-
cially drawn that its adoption by the
people, in the event of the majority
voting for it, would leave us in this
condition, that we would have no
nominating machinery whatever:
and 1 would ask right at this juno
ture, through the Chair. from the
Senator from Cumberland, Senator
! Hinckley, whether or not that init
lated bill appears as a printed docu-
ment.
| The PRESIDENTS: The Senator
from Cumberland, Senator Hinckley,
hears the inquiry of the Senator
| from Kennebec, Senator Maher.
Mr.. HINCKLEY: Mr.. President, /
will say that the initiated bill does
not appear as a printed document,
but if the Senator'S had followed the
proceedings last Friday they would
have realized that there was report
that it be not accepted by the Legis-
lature, but that it take it's course un-
der the constitution. The report
was accepted and the initiated bill
has already gone to the people. The
Senate is now taking up the second
proposition.
| Mr.. MAHER: Mr.. President, I
will say in reply to the Senator from
Cumberland, Senator IIinckley, that
| the Senator has not answered my