Year: 1873




pie, it would disturb this quiet community


Why does he not treat this matter as it is
that the people up there are already in q
state ofexcltement now, and that the reference
OF this " hole matter to them would settle and
quiet the whole trouble perfectly:


l think see, sir, mode, and / think the
gentleman from Skowhegan in his remarks
has shown that there is mode of settling this
trouble eaceably and satisfactorily all around.
It is the very mode that We AK adopted. He
says the people of Somerset are in favor of
the shire town remaining where it s, at Skow
hogan, ten to one. Now, we are asking you
| 10 refer this whole matter to that same tri-
bnnal, ii we please to cali it a tribunal, the
people. We are ready to refer it to that same
tribunal, which he says is with them, ten to
one-that ten are in favor of Skowhegar
where one Is in favor of Norridgewock then
| Row beautifully this course which we ask to
be adopted, and it is ali we ask, will settle
this whole matter, for we do not ask the leg
lsature to decide whether Skowhegan or
N9rridgewock be the shire town, but we only
ask that it be referred; and if the gentleman
is correct, and he says he always states every
| thing as 1t =, ten to one are in favor of Skow-
hegeH, this course will satisfy all hands; it
VIII be harmoniously settled, for certainly we
shall be satisfied when the people vote upon
it, let the result be either way.


| Now, as to the cominitte reports. Some of
| thelr number have reported in favor OF sub
mltting TO the people, and some of their num-
Der have reported agains: submitting to the
people The committee on legal affairs con.
sists OF ten. The legislature referred this
matter to ten men as a committee, as prelim-
mary step to get in the first instance their
views respectively. which have no binding
| iorce, as all know. Had that committee all
heard this case, would they not have been
| equally divided-that 10, FIVE for and FIVE
against leaving the whole matter to the peo-
| pie! No man can deny but that may be SO.
| In do not know, neither do those upon the
other side know but that the ten men to whom
the legislature referred this matter, If they
had heard it, as was contemplated in the ref
erence, they would have stood five to FIVE.
Seven heard the case, three did not; those
three who did not, have made no report. of
course. Of that one of them who now ad-
dresses you, have nothing to.s The
other two; for aught we know, might have
been with US, thus making the committee
stand five to fse. for aught we know. Be
that as it may, this matter is not in the hands
OF the committee now; it is before US. We
are under oath to perform our duty. 1t is no
part OF that oath to vote with the minority re-
port 1t is no part of that oath to vote with
the majority report. Legislatures are con-
stantly adoptinA minority reports, and this
has, within two or three days. But it is cur
oath to examine the subject matter before us,
and form our own opinions consistently with
our oath, consistently with our feelings of fair
ness, of humanity, If our free institutions and
the principle which underlies the whole sys-
TEN Of the republic under which we live.
Taxation and franchise go hand in hand;
that principle which allows the people of
State to manage its affairs in their own way:
which allows the people of county 10 man
age its own property ard its own affairs as it
pleases. That is the system which makes
beautiful our whole form of government.


But 30 they tell US that .re are the people,
and that there is an improprety in referring
to the people. True, we are the people in the
same sense that any servant or agent
is the principsl, when he is sent ont by
the man whose servant he is, TO buy wool
or other merchandise, effect insuTsnces or do
manufacturing business and is it rot the
case that such agents are always expected
and required by their employers to refer back
to their employers all cases in which they
may be in doubt! This question now before
the House is such case. The people are
our employers; then, is it not the duty of rep
resentatiyes Of the people, who are nothing
more nor less than their servants, to refer
matters to the people, when they are of the
opinion that justice and fairness require it?


The Supreme Court has recently decided
that such reference to the people is within the
scope of our daty a: the representatives OF
the people in such cases.


But the gentleman, as fair as lie says he IL,
accuses the gentleman from Pittsfeld and my
self of calling up this matter at some Of its
earlier stages III his absence. Now the truth
about that is, al that time, petitions introduced
by our side came down from the Senate re-
ferred to certain committee and at a time
when neither the gentleman from Pi,tsficld
nor myself were present, being engaged on
one Of the committees, attending to matters
that must be reported at that days session
they called this matter up and obtained a vote
TO non-concur with the action oftho Senate and
secured its reference to different commit |
tee; soon we came in and finding what was
done had a reconsideration moved and when
the vote was taken, the gentleman from Skew /
hegan being present, the House sustained us
and concurred with the Senate. That is all |
there was about that.


The gentleman alludes TO Judge kent's
hearing "A matter relative to shire town at Nor
rdgewock; and that some one in the interests
OF Norridgew0ck claimed that to refer a mat
Ter of this kind to the people was unconstitu-
tional; and so on Well, that matter before
Judge Kent was entirely a different one; it
was IN reference 10 whether the county CON-
missoners had performed certain duties or
not; but the question involving the same prin.
ciple was raised and went up to the law court
in tina, case, and it was there decided that it is
within the scope of the right and duty of leg
islature to refer such matter to the people
when in lis Judgment fairness requires IT,


Then cur duty is plain. What would each
constituent OF every gentleman of this House
say, if you could each one of you now, with
in an hour, take each of your constituents by
the hand, one by one, say TO him sir, you
are one OF my constituents. am called upon
as representative to vote upon the shire town
question of Somerset. am your representa-
tive servant, and how shall | vote? What an
swer would you getf In ninety nine cases
out of hundred you would, every man Of
you, get this answer: II don't know anyt thing
about it. How should | know and why should
care particularly if it suits the people of
Somerset in the one place or the other, why
should care? Ask the people of that coun
ty whom it concerns, Somerset county. III
they don't know, l don't know who does.
Then gentlemen, let your vote be in accord |
ance with that answer.


Why, this is no new idea. On the other
hand, il is a new idea to object to allowing
the people to vote upon the affairs that con-
cern them, which is theirs. Why, eight years
AGO when this matter was before the le pisla- /