Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-03-06

STATED to you. 1 wanted to be an
soiutely sure of the facts. They are
III the statement of Facts, to some
extent The County Attorney then.
VINO is now the President of our
hehnebec Bar Association, one of the
iIost revered lawyers in the State of
NJ n Ct h e Honorable l.. T.
Teton of Winthron-
received a letter from the Governor
at That time-and he told me this
morning that he believed he had that
ietter on file-telling him to go to
ms office. lie went to the Office of
the Governor with another ATTORNEY
Whom every member of his House
knew or has heard of. the late At
torney General, Orville d. Baker, of
augusta. and they told the Governor
that Michael Burns was doing a legal
business. But the Governor, in car
fylhS out what he thought was pro-
per pubic policy, told them to go
ahead and prosecute, and they did.
NOW there is no analogy between a
man in Jail because he cannot give
bail and taking away a mans furni-
ture without justice, or taking away
a mans merchandise. The liquor in
question was kept for three years.
out 1t does not make any difference
legally whether it is liquor or furni-
ture, 1T was kept three years. The
gentleman from Perham, Mr.. Brag-
don, says the liquor was returned 1t
was returned i'll part but not in it's
entirety and there was a financial
loss. The County Attorney-and
there is no man living who knows
the facts better-has been before the
Legislature in it's Committees and has
urged that the State give this man a
fair chance to have the matter tried
before the Supreme Court of this
State. That is all he asks and the
only man in the world living today
who knows the facts is Mr.. Carleton.
He knows the facts; he talked with
the Governor and knows everything
about this case, and he authorized
me to quote him just as strongly as l
could in urging the Legislature to
give this man a square deal. That is
all this resolve asks for and in JUS
tice to Mr.. Carleton and to this aged
man who puts this resolve in, feel
that these facts should at least be
made matter of record
cat this point Speaker Gardiner re-
sumed the Chair, Mr.. Wing of ALI
burn. retiring amid the applause of
the House)
Mr.. CUMMINGS of Portland: Mr..
Speaker and members of the House.
there are a great many citizens of
Maine who at one time or another are
prosecuted, and sometimes l think
they are prosecuted because later
they are proven to be innocent of the
! charges against them. Men are fire.
quently put to great inconvenience
and loss and oftectimes disgrace and
have no remedy. They cannot sue
the State and they cannot recover
damages for the injury which has
been inflicted upon them.
Our friend from Augusta, Mr.. Mar
tin, wants to know why the House
should take a different action today
| from what we took on the other oc-
| casion. In reply 1 would say that we
| live and learn. l confess that I feel
better informed-although / did not
vote on the other occasion either for
or against feel / am better inform
ed on this matter than l was at that
| time. We We're told on the former
occasion of Michael Burns being in
the Civil War and being wounded and
considerable sympathy was enlisted
on that account, but there are many
other things of which we We're not
told. We were not told that he was
a rum seller operating in violation of
the laws of his State for many years,
although his sales of liquor in the
original package were sanctioned by
| the Federal law. Nevertheless, he
was violator of the laws OF his
state. repeatedly and persistently,
and no doubt greatly to the injury of
his community. I can see no reason
why this man should be permitted to
sue the State to recover what he
says is his loss that he sustained on
these goods after they were returned
| TO him and he had to send them to
| Boston to be sold.
| Again, | cannot help remembering
that Michael Burns, to all intents and
purposes, and from his heart. was a
murderer; that he deliberately shot
his brother law on the streets OF
this city over personal matter ana
| that he did not kill him was not OF
any lack of intention on his part but
was merely because the pocketbook
| that he wore over his breast was
thick enough so that the bullet did
not penetrate his body. lie served
| two wears in States Prison for that
| offense.
Now. for Gods sake, members OF
| TINS HOUSE, Is tllei any
why. in view of the fact that so many
men suffer through the acts of the
| authorities from which they have no
| appeal and for which they have no
| remedy. we should authorize this
man. who has so pcrsistently-and
with persistence worthy OF bet
ter cause-continued to apply to this
| Legislat ure that he might have the
| satisfaction of sueing and recovering
from the State. to do so. 1t does not
seem to me that we should do 1t.
| (Applauseo
Mr.. THOMPSON of Rockland: Mr..
| Speaker, understood the gentleman
| from Augusta, Mr.. Martin, to say
that the statement was made by the
! gentleman from Perham, Mr.. Brag-
! don. that the liquor was returned TO
| Michael Burns. and the gentleman
| from Augusta (Mr. MARTINI, says that
| it was returned in part. If my I'M
Outstanding is correct I would like
| to ask the gentleman from Augusta
| (Nfr. MARTINI how much was re-
| turned. If he knows. and whether this
suit is for the whole or for what was
not returned and, why, if it was not
all returned, he did not sue the
| sheriff.
The SPEAKER: If the gentleman
| from Augusta (Mr. MARTINI cares to
reply through the Chair, he may do
| so.
Mr.. MARTIN: Mr.. Speaker, I do
| .I,- L. ,al, n