Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-10-09
Total Highway Bond
(Continued from Page One)


of which to be used in the construc-
ton of q bridge at Bath.
The opinion of the Attorney Gen.
eral reads as follows:
AN amendment is proposed by
the legislature and adopted by the
people. The legislature can only
propose. The people adopt or reject
legislature. The question Is, what
so adopted by the people? These
proposals have two distinct pur-
poses. First, an increase in the
limitation of the borrowing capacity
of the State for the construction of
roads and bridges in general; and
second, the issuing of bonds for the
construction of particular bridge
across the Kennebec river at Bath.
Maine. One of the adopted para
graphs provided for no increase in
the general borrowing capacity but
was proposed solely to permit an
issue of bonds for the construction
of the kennebec bridge, so-called.
The other proposal related only to
the increase of the borrowing capa-
city for geeral highway and bridge
purposes.
1T is obvious that the legislature
proposed and the people adopted
changes in the constitution permit
ting the legislature to increase from
ten million to sixteen million of dol
lars the bonded debt for the con-
struction of highways and bridges:
and in addition thereto to provide
specifically for the issuance of
bonds not exceeding three million
dollars, the proceeds from the sale
of which to be used in the construc~
ton of a bridge at Bath. The intent
of both the legislature and the peo-
pie becomes plainly apparent when
it Is remembered that Section IL Of
the constitution, as 1t existed prior
to the date of the proposed changes
by the legislature, provided only
for tho issuance of bonds not ex-
ceeding ten million dollars for the
building of State highways and
bridges. 1t was desired to increase
this amount by one resolve, and to
add to it the right of the legisla-
ture to issue bonds for the building
of specific bridge by the other.
From legal standpoint there is
nothing inconsistent in these two
to Section II, thus pro-
posed at the same session of the leg
islature, adopted by the people on
the same day, and simultaneously
proclaimed by the Governor to have
become part of the constitution.
The objection raised in the pub
lie press. that the resolution printed
as Chapter 118 of the Resolves of
1925 struck out all of the matter con-
tanned in resolution printed as Chap
ter II of the Resolves of 1925, is
groundless, because both resolves
We're adopted by the people at dem
tlcally the same time. "A constitu-
tin Is to be interpreted by the spirit
which vivified and not by the letter
which killeth," and it should be con-
strued in the same manner and spir
1t In which it was produced. The
erect or the adoption of Chapter 11S
could not be to strike out Chapter
a because the people by their votes
tnen adopted Chapter II. In the one
instance the only matter adopted was
the authorization of three million for
the Kennebec Bridge and in the 9TH
er the change from ten million to
sixteen million.
NAs@NoO otlihluS OUT aDDear-
ing In Chapter 118 of the Resolves
of 1925 necessarily refers to Section
II as it existed previous to the day
OF adoption Of Chapters 11s and ii.
and which had fixed limit of ten
million for general highway con-
struction.
The clear and apparent reason for
the form Of these separate resolves
is that the legislature did not de-
sire to unfairly present to the peo-
pie one resolve containing both pro-
posed constitutional changes and
therefore made the two proposals in
such a manner that the people might /
adopt or reject either or both. If
any evidence were needed, beyond
the resolves themselves. to establish
this fact, one has to turn to Chapter
80 OF the Special Acts of 1925, which
provides for building a bridge be-
tween Bath and Woolwich, the act
being contingently effective on adop-
ton by the people of the resolve au-
thorizing bonds for the same, and to
Chapter 203 of the Public Laws OF
1925, which provides for an addi-
tional issue of bonds for general
highway construction, IL the people