S. 67. An Act to amend Section 2 and Section 8 of Chapter 55 of the Private and Special Laws of 1903, entitled "An Act to incorporate the Squirrel Island Village Corporation."

Reports of Committees

Mr. Emerson from the Committee on Governor's Message, on the inaugural address of the Governor, have had the same under consideration and ask leave to report as follows:

That so much thereof as relates to finances and contingent fund be referred to the Committee on Appropriations and Financial Affairs.

That so much as relates to highways be referred to the Committee on Ways and Bridges.

That so much as relates to Mt. Katahdin Park be referred to the Committee on State Lands and Forest Preservation.

That so much as relates to wild land values be referred to the Committee on Taxation.

That so much as relates to transportation be referred to the Committee on Public Utilities.

That so much as relates to National Guard be referred to the Committee on Military Affairs.

With power to report by bill or otherwise.

The report was accepted.

Mr. Sprague from the Committee on Inland Fisheries and Game, on An Act for the better protection of ducks and geese in the waters of Merrymeeting Bay and its tributaries, reported a request that 500 copies be printed and the bill recommitted to the committee.

The report was accepted and the bill ordered printed.

Mr. Gillin from the Committee on Judiciary, on An Act to amend Paragraph 6 of Section 55 of Chapter 91 of the Revised Statutes, relating to costs in trustee process, reported that the same ought not to pass.

The report was accepted and sent down for concurrence.

Mr. Adams from the Committee on Ways and Bridges, on Resolve in aid of navigation on Sebec lake in Piscataquis county, reported that the same be referred to the Committee on Interior Waters.

The report was accepted and the bill so referred.

Mr. Folsom from the Committee on Public Utilities, on An Act to amend Section 15, Chapter 58, Revised Statutes, relating to street railroads, (Senate Doc. No. 24,) reported the same in a new draft under the title "An Act to amend Section 15, Chapter 58, Revised Statutes, relating to street railroads," and that it ought to pass.

The report was accepted and the bill tabled for printing under the joint rules.

Mr. Holt from the Committee on Sea and Shore Fisheries, on An Act to better protect the Lobster industry within two miles from the shore of Monhegan Island between the first day of June and the twenty-fifth day of November of each year, (Senate Doc. No. 23,) reported that the same ought to pass.

The report was accepted and the bill was given its first reading.

The same senator from the same committee, An Act to authorize the construction of a fish weir in the tide waters of what was formerly Muscle Ridge Plantation, Dix Island, reported that the same ought to

pass.

The same senator from the same committee, An Act to authorize the construction of a weir in the tide waters of Roque Harbor in the town of Jonesport, submitted the same in a new draft under the same title, and that it ought to pass.

The reports were accepted and the bills tabled for printing under the joint rules.

Passed to Be Engrossed

S. 58. Resolve to appropriate money for the purchase of History of the Town of Williamsburg.

S. 59. An Act to amend Section 76 of Chapter 82 of the Revised Statutes, relative to price of Maine Reports.

H. 103. An Act creating West Paris Village Corporation.

the

H. 108. An Act to make legal and valid the annual town meeting of the town of Crawford, in the county of Washington, held March 29th, 1920.

Mr. MORRILL of Cumberland: If in order, Mr. President, I would like to know why that meeting was not legal.

The PRESIDENT pro tempore: The secretary will read the statement of facts with the bill.

(The secretary read the statement of facts.)

Mr. MORRILL: I have no objection to the passage of the bill, but I wanted to know why the meeting was not legal.

H. 109. An Act to amend Chapter 65 of the Private and Special Laws

to authorize the county of Androscoggin to enlarge and repair the county buildings in Auburn in said county and erect a new building and to enlarge and construct safety vaults.

H. 110. An Act to extend the charter of the Lincoln County Street Railway.

H. 111. An Act to amend Chapter 16 of the Private and Special Laws of 1911, relating to the issue of stocks and bonds by the Lewiston Gas Light Company.

On motion by Mr. Sargent of Hancock,

Adjourned until tomorrow morning at 10 o'clock.

HOUSE

Monday, Feb. 21, 1921. The House met according to adjournment and was called to order by the Speaker.

Prayer by the Rev. Mr. Walch of Augusta.

Journal of the previous session read and approved.

Papers from the Senate disposed of in concurrence.

STATE OF MAINE OFFICE OF ATTORNEY GENERAL Augusta, Maine, February 16, 1921. TO THE HONORABLE HOUSE OF REPRESENTATIVES OF THE

EIGHTIETH LEGISLATURE:

I have the honor to acknowledge receipt of a copy of the order passed by your Honorable body on Wednesday, February 9th, 1921, requesting the Attorney General to advise your Honorable body in writing whether Article IV, Section 2, of the Constitution of Maine, providing that the House of Representatives shall consist of one hundred fifty-one members, has been amended, and also to advise your Honorable body as to the number of representatives now allowed under the Constitution of Maine.

In compliance with your request, I respectfully advise you that in my opinion Section 2 of Article IV of the Constitution of Maine has not been so amended as to permit an increase of its membership at the present time to a greater number than one hundred fifty-one, and that the number of representatives now allowed is fixed at one hundred fifty-one.

This conclusion is based upon the following historical statement and general principles of constitutiona! and statutory interpretation.

The original Constitution, in Article IV, Part 1, Section 2, made provision for an initial membership of not less than one hundred nor more than one hundred fifty, with the additional provision in Section 3, that under certain conditions of increase in population

this number might be increased to two hundred. In 1841, by an amendment to Section 2, duly submitted and adopted, the number of representatives was definitely established at one hundred fifty-one, the provision for an increased membership being eliminated. This amendment will be found in Chapter 181 of the Resolves of 1841, and has ever since that time been a part of our organic law. In 1917, there was submitted to the voters of the State and accepted by them, an amendment to Section 3 of Part 1 of Article IV of the Constitution, which amendment appears in Chapter 116 of the Resolves of 1917. The sole pur pose and effect of this amendment, in my judgment, was to add to the then existing provision that no town should ever be entitled to more than seven representatives, the exception that in the event of the merger of towns or cities, the new town or city should be allowed the combined representation of the former units. The resolution submitting the proposed amendment, however, concluded by purporting to recite the amended section as it would read by the insertion of the proposed amendatory language, but in the recital a very obvious error was made in incorporating the original obsolete provision authorizing an increase in the membership in the House to two hundred under certain conditions.

We do not feel that this error in recital, so palpably inconsistent with the express intention of the resolve,

should be treated as having the effect of restoring the obsolete provision. It is well recognized that in the interpretation of both Constitutional and statutory amendments, the real intention of the legislative body is to be given effect wherever possible, that all other provisions of the Constitution and of existing statutes in pari materia are to be read together, and that consequences manifestly not within the spirit of the law makers are to be avoided. Their intention inferred from a reasonable interpretation of all their expressions upon the subject matter constitutes the real law.

A careful search of the authorities fails to disclose cases precisely in point involving the construction of Constitutional provisions, but similar problems have occasionally arisen in

cases where statutes have been amended and in reciting the original statute as amended, intervening legislation has been overlooked resulting in an erroneous statement of the effect of the amendment after the words "so as to read as follows." The decisions in such cases appear to be uniform to the effect that the true intent of the legislature should be given effect and the obvious error in the recital disregarded. The case most closely in point is that of Svennes vs. West Salem, 114 Wisc. 650. The first paragraph of the syllabus contains the gist of the decision, which is as follows:

"A statute (Sec. 3187a, Stats. 1898) was amended by striking out certain words. A subsequent amendment was expressly limited to another portion of the section, but by inadvertence the words before stricken out were incorporated in the recital of the section, as amended. Held, that such recital did not re-enact those words but the clerical error should be disregarded." The following language from the opinion is also in point:

to

"The question recurs whether such mere recital had the effect to re-enact the four words so expressly stricken out two years before. Such amendments by its terms was expressly limited to the third line of the section, whereas the sentence in question commenced in the sixteenth line of the section. There was manifestly no intention of changing the last sentence of the section in any manner. By inadvertence, there was a failure recognize the fact that the four words mentioned had been stricken out two years before. This court has repeatedly held that such a mistake or omission in such recital will not defeat the intention of the legislature.' Custin v. Viroqua, 67 Wis. 314, 30 N. W. 515; State v. Stillman, 81 Wis. 124; 51 N. W. 260. Such clerical error in the recital of the section as amended must therefore be disregarded, and effect given only to the amendment specified.''

To the same effect is Lewis VS. Brandenburg. 105 Ky. 14, in which the contention was made that where after a specific amendment the legislature declared that the section as amended "would read as follows" the section as thus enacted, being the last expression of the legislative will, constituted the law on the subject.

The Court called attention to the fact that the particular amendment would not make the statute "read as follows," and the statutes, although passed at different times, should all be read together to ascertain the true intent.

The general principle is also borne out by the text of Lewis' Sutherland on Statutory Construction, Vol. 1, 2nd Ed. paragraph 234.

Respectfully yours, RANSFORD W. SHAW, Attorney General. On motion of Mr. Farnsworth of Caribou, the above communication was ordered placed on file.

Mr. MOODY of York: Mr. Speaker, I move that 500 copies be printed.

The SPEAKER: Mr. Moody of York moves that 500 copies of the communication from the Attorney General be printed. Does the Chair hear it seconded? (No response).

The following bills, resolves and petitions were presented and, upon recommendation of the committee on reference of bills, were referred to the following committees:

Agriculture

By Mr. Crabtree of Island Falls: Bill "An Act to amend Sections 110 and 112 of Chapter four of the Revised Statutes, relating to payment of damages done by dogs and wild animals to domestic animals.

Education

By Mr. Hinckley of So. Portland: Bill "An Act to amend Sections 169, 170, 171, 172, 173, 174, 175, 176 and 177 of Chapter 16 of the Public Laws of the State of Maine relating to teachers' pensions.

Judiciary

By Mr. Hinckley of So. Portland: Bill "An Act to prevent cruelty in slaughtering of animals."

Placed on File

By Mr. Thomas of Chesterville: Remonstrance of J. B. M. Lovejoy and 45 others of No. Chesterville against the "Barwise Bill."

By Mr. Bennett of Yarmouth: Remonstrance of Mrs. E. J. Bennett and 23 others of No. Yarmouth and Pownal against same.

By Mr. Winter of Auburn: Remonstrance of W. W. Rowell and 93 others against same.