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 Eighty-Seventh Legislature OF THE STATE OF MAINE 1935 KENNEBEC JOURNAL COMPANY AUGUSTA, MAINE 256 LEGISLATIVE RECORD-SENATE, FEBRUARY 26, 1935. Mr. Friend from same Committee fifty printed bills that you have on "Resolve authorizing the Forest before you in your document books Commissioner to Convey certain and I failed to find in anyone of 1andE to the Highway Commission", those printed bills, outside of a few (S. P. 117) reported that the same measures that I have attempted to ought to pass. pass in this Legislature, any mea­ Which reports were severally read surt introduced by any Senator that and accepted and the bill and re­ proposed a decrease in the taxation solves laid on the table for printing in the State of Maine, decreasing under the joint rules. the burden of taxation on the home and the farm or decreasing our Passed to be Engrossed state tax at all; no attempt on be­ half of any member of the Senate Bill "An Act Relating to Tempo­ to reduce the taxes now levied upon rary Loans by Penobscot County the people of Maine. But I did find Commissioners." (H P. 601) (L. D. this: I found a proposition to re­ 644) insert that racket known as "the "Resolve in Favor of Havener paper plate racket" that would cost Webo;ter. of Orland." CR. P. 1439) the people of Maine and the State (L. D. 649) of Maine at least two hundred "Resolve for Screening Lake thousand dollars a year. I found Thompson, in the County of Ox­ the proposition that wished to ford." CR. P. 1441) (L. D. 650) place upon the hunters and fisher­ "Resolve in Favor of O. L. men of Maine another dollar annual Veague, of Castine." (H. P. 9) (L. burden. I found a proposition to D. 645) set up a director of school finances "Resolve Relative to Closing God­ with another salary attached. I dard Brook, Little." (H. P. 567) (L. found that we in the Senate wanted D.646) to set up a special investigator on "Resolve Relative to Closing God­ the transportation of poultry at a dard Brook, Big." CR. P. 569) (L. cost of three thousand dollars a D. 6~l8) year. And I found also a five mil­ lion dollar bond issue. And I also Orders of the Day found a proposition to set up some On motion by Mr. Fernald of more social welfare work. And I Waldo, the Senate voted to take found a proposition to build a from the table, Senate Report from bridge, a very expensive bridge, at the Committee on Judiciary, Ma­ the expense of the State. And I jority Report "Ought Not to Pass," found a proposition to expend nine­ Minority Report, "Ought to Pass," teen thousand five hundred dollars on Resolve Proposing an Amend­ yearly to set up a public employ­ ment to the Constitution relating ment office. And I found two thou­ to the election of the Attorney sand dollars appropriated to cele­ General (S. P. 244) (L. D. 206), brate the foundation of the County tabled by that Senator on February of York. And I found a ten thou­ 22nd pending the acceptance of sand dollar appropriation to create either report. a bureau of research to take care Mr. FERNALD of Waldo: Mr. of the Republican "lame duck." President and members of the Sen­ And I found a proposal to set up a ate, the proposition before us today series of tax administrators at the is a constitutional amendment pro­ expense of the State. And I :ound viding that we should change our another proposition to foster upon method of selection of our Attorney the State of Maine every state General. Under our present law pauper in the State of Maine. And the Attorney General of Maine is I found another proposition to ap­ elected by the Legislature, as every point a commission on the assess­ member of the Senate is well aware. ment and collection of real estate The proposed constitutional amend­ taxes, at another thousand dollars. ment would provide that the At­ Now, I think that if I sense the torney General of Maine, who is feeling of the people of Maine, what the legal advisor of the Governor they want is some relief from taxa­ and of the heads of the depart­ tion and they want us to make our ments and of the Legislature, should government more useful, more effi­ be apPointed by the Governor. cient and more responsive to their We have been here nine weeks will. Now, the proposition before and the other evening I took the us is not a new one. In 1930 there time to go over the six hundred and was a research made in regard to LEGISLATIVE RECORD-SENATE, FEBRUARY 26,1935 257 our "o\~:'nment in lV!aine under the Ohio Oklahoma and Oregon, elected direction of the National Institute by t'he peopie. In Pennsylvania, of Public Administrators dming the appointed by the Governor, . In 8dmiGi:otration of Governor Gar­ Rhode Island, South Carolma, dinpl' And what did that Bmeau South Dakota, by the people. In do relative to the offlce of Attorney Tennessee, it is appointed by the Genera; 0 I will quote from this Judges of the Supreme Court. In report at the top of page 211. On Texas Utah, Vermont, Virginia, the previous page they have gone Wushlngton, west ,virginia ~nd .Wis­ imo EOmc of the history back of it, consin and Wyommg, electIOn IS by but they reported as follows: "As the people. And we find that the such, he "-meaning the Attorney cnly stat€ in the .Ul1lon that ~tlll GeEcral-- "should be appointed by sticks to the LegIslatIve appomt­ and held directly responsible to the mel:t of the Attorney General if the Execmivl' and we recommend con­ State of Maine. sticutional amendment to this end," Now, there is a little theory back And that is whRt you have before of this that I would like to read to \"CU tod~H" I find that the National vou that won't do any harm. I be­ 1:unicipn'l League in 1926 made a lie,'e that the theory of permitting studv of state government and the Legislature to appoint the throllgh their investigation they Attorney General is wrong. And I set up what they term a model will quote in that connection from state constitution and in that state John Stuart Mill, and John Stuart constitution that they suggest, they Mill as some of vou will recall, was suggest that the Attorney General a member of the . British Parliament should be appointed by the Gover­ from 1858 to 1868, and I will read nor and held responsible to the very briefly from his book on Goven;ol', in line with the report "Representative Government", And tl1a t I have just read you, I will say, gentlemen and lady mem­ Now, what is the practice in other ber, it is time ve got back to rep­ states on this proposition? You resentative government in the know, Maine prides itself on being" state and in the nation. I will unique regardless of whether it is read briefly from John Stuart Mill. right or wrong. I suppose that "But while it is essential to rep­ when I get through debating this resentative government that the question, which will be very short­ practical supremacy in the state ly. somebody will get up and say should reside in the representatives that bReause we in Maine, where of the people. it is an open question we 11:1\ e as our motto "I direct", what actual functions, what precise elect our Attorney General by the part in the machinery of govern­ Legislature, being the only state in ment, shall be directly and per­ the Union to do that we should get wnally discharged by the represen­ a great deal of advertising from it. ta ti \'e body. There is a radical dis­ And that the inefficiency of the tinction between controlling the Attol'nev General, as it must work business of government and actually out to 'be because of the system, doing it. Numerous representative tha t ineffieiency is worth the cost bodies ought not to administer. because of the advertising we get But a popular assembly is still less from it. That is the traditional fitted to administer, than a select argument that I hear presented board, or to dictate in detail to when any change of whatsoever those who have charge of adminis­ nature is proposed. For instance, tration. Even when honestly meant, Alabama, Arizona, Arkansas, Cali­ the interference is almost always fornia, Colorado, Connecticut, Dela­ injurious. Every branch of public ware, Florida, Georgia, Idaho, and administration is a skilled business. Illinois elect their Attorney Gen­ which has its own peculiar prin­ erals. In Indiana he is appointed ciples and traditional rules, many by the Governor, In Iowa, Kansas, of them not even known, in any Kentucky, Louisiana, he is elected effectual way, except to those who by the people, In Maryland, Massa­ ha\'e at some time had a hand in chusetts, Michigan, Minnesota, Mis­ carrying on the business, and none sissippi. Missouri. Montana, Ne­ of them likely to be duly appreci­ braska, and Nevada, elected by the ated by persons not practically people.