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House, March 14, 1961 MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) LEGISLATIVE RECORD OF THE One-Hundredth Legislature OF THE STATE OF MAINE 1961 DAILY KENNEBEC JOURNAL AUGUSTA, MAINE 724 LEGISLATIVE RECORD-HOUSE, MARCH 14, 1961 QuestiDns 'On Sale 'Of LiquDr," HDuse spect fDr him. I consider him a Paper 1075, Legislative DDcument real servant 'Of the state and a 1483, was read twice, and the Bill truly dedicated public 'Official. How­ assigned fDr third reading tDmDr­ ever, the point that we have tD row. cDnsider is that of executive re­ sponsibility. Under Article V 'Of the The Chair laid befDre the HDuse Constitution of the State 'Of Maine, the fifth tabled and tDday assigned it clearly states that the supreme matter: executive power of the State shall HOUSE DIVIDED REPORT­ be vested in the governor, yet we MajDrity Ought Not to Pass-Mi­ weaken that statement in the same nority Ought to Pass-Committee Article when we delegate the on State Government-Resolve, choice of 'One of the mDst respon­ Proposing an Amendment to the sible positions, that of Secretary CDnstitutiDn fDr AppDintment 'Of of State, to election by the Legis­ Secretary 'Of State by the Gov­ lature. The Secretary of State ernDr with CDnsent 'Of the Senate." should be the right hand of the m. P. 637) (L. D. 854) Governor. Under the Constitution, Tabled - March 10, by Mr. it is the Secretary's duty to keep FDgg 'Of Madison. all records 'Of the State; to attend Pending - Acceptance of Either the Governor, council and branches RepDrt. of the Legislature; to keep and The SPEAKER: The Chair rec­ preserve the records 'Of all the ognizes the gentleman from Bruns­ Dffidal acts and proceedings 'Of the wick, Mr. Lowery. GDvernor and Council, Senate and House 'Of Representatives and, Mr. LOWERY: Mr. Speaker and when so required, to lay the same Members of the House: I mDve that the Minority Report be ac­ before either branch 'Of the Legis­ cepted, and I wish to speak briefly lature. on the subject. A position of such responsibility, The SPEAKER: The gentleman so closely allied to the office of may proceed. the chief executive, should require Mr. LOWERY: The legislatiDn that the selection and the respDn­ that I have introduced is not new. sibility fDr that selection, be made It has been introduced befDre in by the Governor. previous legislative sessions and If the Legislature should make a has been the subject of many heat­ bad selection, as could conceivably ed debates. It is legislation that happen under the present system has been strongly recDmmended in 'Of electiDn, it would be impos­ the past in the Public Administra­ sible to hold it responsible for the tion Survey Report and alSD by action. There is nDt one individual the fDrmer Committee on State at whom to point a finger of blame Government. As you know, the at. In other words, the Legislature recommendation is an effort to cannot be held accountable by pub­ strengthen the executive branch of lic opinion as a governor can. government. In reviewing all former debates One 'Of the main objections to on the subject, it is most difficult this resolve in the past has been tD find a single logical objection. that in making this appointment Defeat of the issue in the past it would grant more power to the has been purely and simply 'On Governor and also that election by party lines. I do not believe the Legislature takes the job 'Out that this should be the attitude of of politics. I ask you to draw your the members of this Legisla­ own conclusions as to the latter. ture who are primarily interested As for granting more power to the in good government, and I believe Governor, this argument does not that regardless of party, if we fa­ hold water. He is now empDwered vor a strong executive branch of to appoint the high court judges, state government, we ShDuld con­ the Chief Justice and the Depart­ sider this prDposal on its merits. ment heads. Certainly he should be I intend in my remarks to cast empowered and be considered CDm­ no reflections on the present hold­ pletely competent to make his own er of this office. I have great re- selection for Secretary of State. LEGISLATIVE RECORD-HOUSE, MARCH 14, 1961 725 Therefore, I ask acceptance of the I think that I could go on quite Minority Report. at some length explaining other The SPEAKER: The Chair rec­ reasons why I believe this is not ognizes the gentleman from Kit­ a good bill, but the hour is going tery, Mr. Dennett. on and the time is brief, and I do not wish to impose myself upon Mr. DENNETT: Mr. Speaker you. And I would certainly ask and Members of the House: I rise that the Minority Report does not in opposition to the motion of the prevail, and that when the vote is gentleman from Brunswick, Mr. taken that it be taken by division. Lowery, and I will agree with him on one point, and that is the point The SPEAKER: The Chair rec­ of logic. I believe the arguments ognizes the gentleman from Bruns­ perhaps on both sides are purely wick, Mr. Lowery. logical; it all depends on what Mr. LOWERY: Mr. Speaker, I and to what political philosophy would like at this time to say that that one subscribes. any Constitution should be re­ Now the strengthening of the ex­ viewed from time to time. What ecutive is readily admitted by the may have been a satisfactory ar­ gentleman from Brunswick, and I rangement in 1820 does not mean think that is the one thing that necessarily that it is acceptable in the philosophy of the majority 1961. The need for strengthening party in the main opposes. I the executive branch of state gov­ think that history has shown down ernment has been recognized in through the years that when the other states as well as in Maine, legislature was stripped of its and is being continuously advo­ powers and the powers placed in cated by both political parties. the hands of the executive, the Various Constitutional changes to powers of the people in themselves that end are being sought in Cali­ had been weakened. Way back fornia, Georgia, Kansas, New York, even in our Revolutionary days I North Carolina, Vermont and Wis­ think you will all recall that one consin. Proposals for administra­ of the things even in the Declara­ tive reorganization are becoming tion of Independence was the op­ much more numerous from the ex­ position to the fact that the gov­ ecutive branches themselves. For ernors, the provincial governors example, in Colorado, the Governor had stripped the legislatures of is proposing by Constitutional their powers and had taken it upon amendment the creation of a Gov­ themselves. ernor's cabinet. Connecticut, Okla­ Another thing that this tends to homa, South Dakota and Utah are do, it is a move of course actually all advocating changes in their toward abolishing the Governor's Constitutions that would strengthen Council. Another thing that it the executive branch. And that is does, and I think in itself, this is in effect what we are trying to a most logical argument, and pre­ do with the introduction of this sents a very serious thing, and that resolve. is placing the powers of confir­ In our two newest states, Alaska mation in one branch of the Leg­ and Hawaii, whose Constitutions islature only. Heretofore and down are considered near models, and through the years this Legislature were written for our times, it is has acted with a bilateral course. significant to note that the office Both bodies in joint convention of Secretary of State is considered have always appointed the s e as a most vital part of the exec­ various people to offices. T his utive branch of government. In would place in the hands of one Alaska, the Governor and Secre­ body alone the right to confirm, tary of State are elected on the and it is my feeling; I believe it was the feeling of the majority same ticket, and the Secretary of of the Committee, that this, in State is next in line for succession. stripping one body of power and In Hawaii there is no office of investing it solely in another, Secretary of State, but the duties tends to divide the Legislature it­ are being performed by the Lieu­ self. tenant-Governor. 726 LEGISLATIVE RECORD-HOUSE, MARCH 14, 1961 This is a Democratic measure a request. I now ask unanimous we will admit. I still ask that the consent that during the day tomor­ Minority Report be accepted. row all former members and of­ The SPEAKER: The Chair rec­ ficers of the House be invited to ognizes the gentleman from Lew­ occupy seats inside the rail. iston, Mr. Dostie. The SPEAKER: The gentleman Mr. DOSTIE: I move a roll call from Greenville, Mr. Anderson, has on this please. requested unanimous consent that The SPEAKER: A roll call has during the session tomorrow, that been requested. Is the House ready all former members and officers for the question? For the Chair of the House be invited to occupy to order a roll call, it must have seats inside the rail. Is there ob­ an expression of a desire for a jection? The Chair hears none.
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