Daily Kennebec journal. [microfilm reel], March 24, 1921, Page 8, Image 8

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

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STENOGRAPHIC REPORT
(.Continued from Page Five)
President, I am sorry to feel obliged
to disagree with my friend, the Sen
ator from Sagadahoc. I had hoped
that we might, during this session,
rasa a reasonable bill providing for
the establishment of the Mt. Katah
din State Park. That hope has now
failed and I am convinced that no
bill with the word "Katahdin" writ
ten in it could get through either
branch of the Legislature.
The bifl now before us as it is
amended, to my mind is not worth the
paper on which it is written, or the
breath it would take to defend it, and
f hope that the motion of Senator Holt
-a i 11 prevail.
■Mr. BAJ1I3 of Cumberland: Mr.
President. I may in what I say ex
pose my ignorance—if I do of course
1 will learn something and the rest of
us may also. If 1 read my geography
correctly. I think that I can see that
•he head waters of our two largest
i i\crs rise in the ncighborhotjd of Mt.
Katahdin, and in view of the fact that
(here is pending in the .federal govern
ment a water power bill which tends
to take away tint control of what is
the last natural heritage that we have,
it. seems to me, if 1 look at it correctly
■ and if I do not I would like to be In
i'.lined—it rather looks to me ttiis way,
.at if the State can acquire and own
property where these rivers have
their source, that I. or that you, as a
: - nator or a representative in another
slate in the Union, would be loath to
lake away the right of a sovereign
t^a’te before you would that of an in
dividual or a corpoiation. Therefore,
if i am right in that, I shall vote that
i he majority report be accepted.
Mr. THUMBS of Penobscot: Mr.
President, fellow senators: 1 will try
to be as brief as my genial friend, the
senator from Sagadahoc, promised
that ho would be. 1 am one of those
who arc fortunate enough to live day
by day almost within tiie shadow of
Mt. KatHhdin and always within its
sight, and I want to say to you. gen
ii non of the Senate, that if any of
. on have never seen this grand old
mountain you have missed, I believe,
.■ne of the most magnificent sights in
the United States of America.
I love Mt. Katahdin and I am glad
: hat i live where 1 can occasionally
inrn my eye to its snow-crowned peak.
M,\ President and senators, in reply
i uhut the gentleman from Sagadahoc
e.i.s n.uil about the Stale convention in
Bangor composed of 140(1 people, en
dorsing this project, I have this simply
:o say and it is the gist of the argu
ment that I desire to advance today
■ i favor of the acceptance of the ma
. ril\ report. Those gentlemen gath
. red in the convention hail in Bangor
• bout a year ago. wore then and there
■ or.sidering State business, and they
■ i liking about the attitude of the
V ito and the Slale alone. I do not
••!ic\e that they had in mind there
. i that time that there would ever be
• ■ thought that private capital solic
i or unsolicited would ever he re
ved to establish a State park. Gen
I .oil of tiie Senate, to show you my
;:oed f;iitii in (he project, if it were
•■'hat 1 believe it ought to be, I want
quote briefly from a description
. tt.;i of that grand old mountain and
■ inspiration'which might come there
> liioso who undertook its ascent, and
want to I e sure and give full credit
. the writer of the article from which
i . r.i quoting, an article appearing in
> Maine ’Woods, 191(5, published by
Bangor* Aroostook Railroad Com
1 > b\, written by Anna Mildred Thay
Venkers, ,\. Y. And let me say
igi.t here, gentlemen, that I believe
whenever the time shall cyme—and [
ope it is not far distant-—when the
•■'hate lias a Slate park, you will see
from the interest manifested by this
• <ly that its fame will spread far be
uiiid ihe limits of the State of Maine
r.d attract here tourists—perhaps
without number.
And that I may give you, who, por
Jl*s. are not so well acquainted with
1:1 Katahdin as some of us who live
■ a that vicinity—that i may convey to
■ on something of its grandeur. I want
in quote briefly, because it is put in
much better language than I could
possibly command. This lady has
toiled up this magnificent old moun
tin'and her memory is stirred and
■ be records licr feelings in these
words: 1
“What a wonderful experience to
caze off from that great height! All
the world seems to live far below you,
•md it stretches away north, south,
• ist and west, hills and valleys, to
the faint blue of the far-distant
mountains that surge upward to meet
the sky. Down from the mountain
ide flows the green, billowing forest,
spreading ever farther and farther,
>nd framing in its soft embrace
countless scores of lakes and ponds.
They lie scattered as far as the eye
'■•in see. from distant Moosehend in
:he west, to the tiny pools that nes
tle close at Katahdin’s very feet, each
one a placid mirror, reflecting the
blue sky, and the slowly drifting
clouds. A veritable ribbon of silver
mark.-, the course of the West Branch,
■ ruling its graceful way downward
■a the lakes. Whichever way you turn
■vsh beauties greet you; the sun
■ ::ine warms you as you sit gazing
■.pellbound, and the keen mountain
breeze fills your lungs, and thrills you
with the very joy of living. All bur
dens seem to fall away, leaving you
dad and strong and uplifted, and In
expressibly calmed by the great
peace, nnd the brooding silence that
feign forever on that majestic moun
taintop. Jf we could always keep our
mountain-moods how much easier
life would be.
It. is very hard to tufn downward,
and go back to your own corner of
.ho world, there to take up once more
: our own particular task; but if you
do not return to the plains of every
day living with renewed strength for
the struggle against mean and petty
things, and inspired to make at least
a small corner of the world a better,
happier place to live in, then the mes
sage of the mountain has not reached
'•mi, and poor indeed is the soul
which cannot be touched by the
magic spell of Katahdin?
But if it has touched, and thrilled
■ iiu, you will be the richer for it all
,\our life; and even if you never
again return, some uplifting mark
must be left upon you who has loved
Katahdin enough to struggle upward
and stand upon its topmost peak,
and there to absorb with eye, and
heart and soul, some of the majesty
and beauty of that glorious mountain
that typifies the nobility, and the
sturdy strength of Maine and its
people."
Gentlemen, I say to you as one who
has been privileged to visit Mt.
Katahdin, that this beautiful descrip
tion and the inspiration that you feel
still there ia not .one .whit OTerdrawn.
Now, gentlemen of the Senate,
there are very many reasons to my
mind why the minority report ought
not to be accepted. There may be
other discussion, and I presume va
rious phases of the matter will appeal
to each of you. I am quite content
this morning to rest my argument
upon one phase, and one phase alone
of the situation. And, gentlemen, I
have said to you that the key note,
if such you might term it, of these
remarks and upon which I found my
argument and ask your consideration
for a few moments is' upon the mat- ;
ter of its being a State park and
nothing else. Gentlemen of the Sen
ate. as a believer and as an admirer!
of Maine, its magnificent scenery, its
wonderful climate, I believe that we
should do everything possible to cul
tivate those natural beauties and en
dowments, not only for the good of
the people of the* State of Maine, but
that we may welcome to our midst
our brothers and sisters of sister
states, aye, of foreign countries as
well. But to my mind a State park,
if it means anything, gentlemen,
means an institution which is created
by, which is cared for and will always
be a State park in name and reality.
Gentlemen of the Senate, if this were
the last opportunity the people of
Maine would ever have to gather un
to itself this grand pinnacle and nat
ural monument, I should hesitate
about taking the position which I
have. But I do not need to remind
you that the mountain itself is all
enduring. Generations have come
and gone, they have looked upon the
mountain even as wo look upon it to
day, and there has been no change.
So do not be beguiled by the
specious argument that you must act
now or your rights are forever fore
closed.
The bill in its new draft contem
plates the taking of so small a por
tion of land that there cannot be
much of any change in the years to
conic. Gentlemen, there are here
this morning. I am glad to see, these
bright boys and girls from rome edu
cational institution, I imagine. We
are always glad to have them with
us. But I believe that tin y have
come up here tiiis morning not so
much to see the Legislature as they
have come here to see the State
House. Every one of them, 1 believe,
feels that ho and she has an indis
putable interest in what wo call our
State House. Truly they have and
we are glad of it. And, gentlemen,
that is just, the point that I want to
make in connection with this matter
of the State park. It is designed
primarily for the use, for the recrea
tion, for the upbuilding of the health
and the pleasure of the citizens of
Maine, and 1 want every person in
the State of Maine to feel that he
and she is an owner in it because he
or she has contributed bis or her
mite to its purchase. Gentlemen of
the Senate, I need not remind you
that the same feeling that actuated
the widow those many hundred years
ago still actuates the feelings of peo
ple in the twentieth century. And
gentlemen, I am sorry that the mat
ter lias come to that state where
there is a bill that contemplates con
fcrring upon tlu» trustees of this
park the right to toko by eminent
domain, and then puts upon them the
burden of soliciting, or at least the
right to receive contributions from
those who are able. Mind you, I do
not decry or belittle those generous
men of means who contribute so gen
erously and loyally to our State in
stitutions and the furtherance of all
good works in our State. AVc would
not be without 4hcm for they serve
an exceedingly use ful purpose.
J?ut, gentlemen, if the contributions
that they make, any if the contribu
tion tiiat they pour in buy a State
park, to my mind it is not a Stab'
park; and you and I who may not be
able to contribute, or our children,
or the children of tlit? hundreds and
thousands of fathers and mothers in
the State of Maine, if they are ever
privileged to cast th. ir eye toward
this grand old mountain, or to sot
foot upon it, will not then feel that it
is their park, for the reason that they
have unfortunately been deprived of
the means of contributing to its pur
chase.
Gentlemen, ns 1 have said before,
there are fit lie;-' arguments, but I
want to leave this phase of the mat
ter with you, inasmuch as this
mountain is all-enduring, and the
rights of succeeding Legislatures, or
generations even, will not bo preju
diced by the delay, and inasmuch as
I want to have every man. woman
and child within the State of Maine
when the time comes that this land
and mountain are taken anil made
into a public park—I want tliem to
feel that it is indeed and in truth, as
is this grand old State House today
a park worthy of the name of the
State because every man, woman and
child in Maine has contributed In
directly through the medium of the
State to its purchase and its preser
vation.
Air. SPRAGUE of Piscataquis: Air.
President. I did not intend to say
anything in regard to this matter. I
assure the Senators that I shall say
hut a very few words. AVe have
heard a great deal about the beauties
of Alount Katahdin, and I agree with
everything that has been said. I
made efforts of my own in my day to
try to write about it. etc. But I am
afraid you will all forget that Alount
Katahdin is in Piscataquis county,
the county where I live, and so is
Moosehead lake, every inch of ft, and
every inch of Alount Kathadin is in
Piscataquis county—Aloosehcad lake,
•10 miles long, the largest inland lake
in New England is wholly within
our county, the county that I have
the honor to represent.
Now I am one of the idealists,
and I am willing and perfectly will
ing—I am not ashamed of that word
| —I am one of the idealists who have
always advocated and believed in a
j State park that will take in Katahdin
I mountain. And I believe in it today,
j But this whole movement regarding
! this park has taken in my opinion a
wrong cant. I feel that I cannot con
scientiously, as a citizen of Piscat
aquis county, as a man here repre
senting the sentiment of Piscataquis,
that I cannot vote for the minority
report; that I must stand by the ma
jority report. I am in full accord and
sympathy with Senator Emerson of
1 Aroostook. I had hoped, and I have
(done what little I could in my hum
ble way talking with t^ie proponents
of the bill and with the opponents, to
bring about some compromise so that
we could take one step in a reason
able way toward what I believe is
ultimately coming, and which ought
to come here in the State of Maine
some time or other. But I have, like
Senator Emerson, become discour
aged about it.
Now I am going to talk right out
and say just what I mean. The
fact is, those land owners-—and the
Great Northern Paper Company is
one of the largest of those land
owners, feel aggrieved to have the
f^tate say to them. We are going to
hold you up. We are going to force
you to sell some of your land at
some kind of a price to be agreed
upon by county commissioners or
somebody else. We are going to
place that right in our- statutes so
that we can hold you up any time.
Now there comes the question per
haps the State Park never can be
established unless we use the right
of eminent domain. I do not know'
how that will be. But the question
before us right here this morning is
a very simple one. Are the condi
tions here in Maine such that under
our Constitution public exigencies
demand that we exercise the right
of eminent domain against the land
owners? 1 do not believe they are.
Mr. President, my belief is that we
can within a few years have a
Katahdin Park, but we will not do
it by antagonizing and fighting such
institutions as the Great Northern
Paper Company. If we do it, we
will do it by working in unison with
them and co-operating with them, i
That is the way to get a park.
Now I want, as a representative!
from Piscataquis county, to explain |
to you why I have some personal ;
feelings about this matter. It wasn’t
a great many years ago that the
land ownery, or a certain part of
them, were always opposing what
we people in our county—and I live
in one of the largest wild land coun
ties in the State—what we believed
was a fair, reasonable increase in
the taxation of wild lands. They
always maintained a lobby here,
fighting us every inch of the way.
Now when these lands went into
these great concerns like the Great
Northern Paper Company, they
adopted immediately a different pol
icy, a broader and more liberal pol
icy. They are willing to pay their
taxes. There is no murmuring now.
All they want apparently is what is
just and fair and equal.
Now, further than that, the Great
Northern Paper Company has built
something like JJfiOtl.OOQ worth of
good auto highways right in the
dense wilderness in Piscataquis
county. They have pursued that
same broad policy which they have
about taxation, and they have
opened those roads—they don’t for
bid anybody—the man coming do\yn
here to see Maine and putting out
his money from New York or Phila
delphia can ride up there, and they
do every summer. \Ye have the
right as citizens to use them. They
are open to the public. Now about
three years ago we said to the Great
Northern Paper Company — our
county people and grangers were
interested in that county—now we
said to the Great Northern Paper
Company. Here is a connecting link
of your highway system in that wil
derness leading by your camps and
your storehouses of nine miles,
which has not yet been built, from
Greenville village to I lily Bay, and
it will be of great benefit }o our far
mers in Piscataquis county if we can
have that connecting link in there.
They said, “We will co-operate with
you. We have wanted it. We can
see the necessity of it. But we have
not felt yet like building it, but if
you people are enough interested we
will take hold and co-operate with
you.” So that corporation paid a
little more, as it turned out, than
one-third, hut the proposition was,
the arrangement made, that the cor
poration, the coun! v of Piscataquis
and the town of Greenville should
build that road together, which we
did. And in the whole history of
any attempt to develop northern
Psicataquis, up in that wilderness
country, in the whole history of it.
Mr. President, it is the one instance
where wc have attempted to build
a new read in an unorganized town
ship, where by employing able coun
sel the land owners can control the
situation.—it is the only instance
where a road has been built without
opposition before the county com
missioners and before Die supremo
court—because that corporation co
operated with us. Now what is the
result? Our farmers in Piscataquis
county today can take their auto
trucks, go from Dover, from Monson,
from Guilford, Sober, anywhere in
that county, drive right ur> there and
in one forenoon they are at the camp
storehouses of the Great Northern
Paper Company unloading their
produce at one of the best markets
for farm produce in the whole T’ni
tod states. Now that is how the
Great Northern has bnnefitted us.
Now I say that 1 could not come
ovcp her*- and vote at preseni, until X
feel tnat the public exigencies de
mand more than I can see it now,—
vote to antagonize such a corporation ;
as that, that lias been of so much
benefit to Piscataquis County, to its
farmers and to its business men, as
has the Great Northern Paper Com
pany. i can say truthfully, 1 never
took a retainer from the Great North
ern Paper Company in my life. 1 ■
certainly haven't any at this time. 1
wish I had. They are good paymas
ters. They pay their help from the
smallest to the highest well and li
berally. It is a good corporation. And
representing as I do the county of
Piscataquis, which is in such cordial
relations with that company as It is,
and is in debt to them, as they are.
for their broad and liberal policy, I
could not sit tere the more I thought
of it without saying something in re
ply to what I have heard in the cor
ridors of tfiis house and at the hotels
and in other places regarding this
matter.
I thank you.
Mr. FARRINGTON of Konnobec:
Mr. President, in order to make my
position clear when the vote is tak
en on this matter, I wish to take
just a moment 'of the Senate’s time.
It has been stated by the Senator
from Snrnrlahoc that at the Bnngor
Convention about a year ago. a cer
tain resolution was passed by 1400
voters which had more or less to do
with the possible policy of the State
along the line of this discussion, and
the inference is that that should have
some weight with us. A greater con
vention of citizens of Maine has been
j in assembly ever since and is in as
1 sembly now, and that is the citizen
ship of Maine, and if I read aright and
hear their voice aright, they do not
believe it is the time for the State
jof Maine to take any action on Ka
1 tahdin Park at this session of the Le
: gislature. And that is my own be
i lief, and that is why when the vote
1 is taken I shall vote to sustain the
majority report—not because I have
j any brief for or against the Great
[ Northern Paper Company—that has
I nothing whatever to do with my
1 vote in the matter. I do not believe
that this is the time for any action
and that is why 1 shall vote to sus
tain the majority report.
The PRESIDENT: The motion is to
accept the majority report.
A viva voce vote was taken and the
same being doubted a rising vote was
had. Nineteen voting affirmatively
and eight in opposition, the motion to
accept the majority report was adopt
ed.
Mr. FARRINGTON of Kennebec:
Mr. President, I would ask unani
mous consent of the Senate at this
time to present out of order the re
port of the committee of conference
on the question of the justices’ sala
ries.
Unanimous consent was granted;
and the Senator presented the report
of the committee of conference on the
disagreeing action of the two branch
es of the Legislature, on An Act to
amend Section 5 of Chapter 117 of the.
Revised Statutes, as amended by
Chapter 170 of the Public Laws of
1917, relating to the salaries of the J
justices of the supreme judicial court, \
reporting that Senate Bill No. 54 be
amended by fixing the salaries at
$6000, and to that end that Senate
Amendment B attached to this
amended bill be adopted.
(Signed) Senators FARRINGTON, i
THOMBS,
ALLEN
Representatives SNIPE
ROBERTS
Mr. FARRINGTON: Mr. President,
I move that the report of the con
ference committee be accepted.
The motion was agreed to.
On further motion by the same sen
ator, under suspension of the rules,
the action was reconsidqred where
by this bill was passed to be en
grossed.
Senate Amendment B was then
adopted by a viva voce vote, and
the bill as amended was then passed
to be engrossed. •
Mr. PARENT of Lewiston: Mr.
President, I move that we take from
the table Resolve in favor of Fran
cois X. Marcotte, tabled by me March
1G.
The motion was agreed to, and on
further motion by the same senafor
the report of the committee, ought to
pass, was accepted, and the bill was
given its first reading.
Mr. PARENT: Mr. President, I
move we take from the table House
Bill t’65, Resolve in favor of Alfred
Williams Anthony for services and
expenses of police commissioner of the
city of Lewiston.
The motion was agreed to, and on
further motion by the same senator
t lie bill was given its second leading
and passed to be engrossed.
Mr. TUTTLE of Aroostook: Mr.
President. 1 move we taken from the
(able An Act to incorporate the Maine
Mutual Loan Society of Ft. Kent, ta
bled by me March 15.
The motion was agreed to, and on
further motion by the same senator
the report of the committee on banks
and banking, out not to pass, was ac
cepted.
On motion by air. 1’aronls of An
droscoggin, Resolve in favor of Ralph
W. Crockett, was taken from the ta
ble, and on further motion by the
same senator the report of the com
mittee. ought to pass, was accepted.
On further motion by the same sen
ator the bill was given its first read
in;?.
On motion by Mr. Clark of Lincoln,
An Act to legalize the municipal elec
tion of the city of Bangor, was taken
from the table.
Mr. CLARK; Mr. President, I now
yield to the senator from Penobscot,
Senator Gillin.
The PRESIDENT; The Chair will
state that the secretary's records show
that the bill lias been passed (Vs an
emergency measure, and subsequently
was recalled from the Governor and
laid on the table.
Mr. GILLIN of Penobscot: Mr.
President, why was it recalled?
The PRESIDENT: The Chair will
state that the city solicitor of Ban
gor. said there was a clerical error
that appeared to be rather serious.
Mr. GILLIN: Has it been corrected?
The PRESIDENT: It has not. The
Chair is informed that it was received
under suspension of the rules and re
ferred to no committee.
Mr. GILLIN: Mr. President. I move
that we suspend the rules and recon
sider the vote whereby the bill was
passed to be enacted.
The motion was agreed to, and on
further motion by the same senator the
action whereby the bill was passed to
he engrossed was reconsidered, and on
further motion by the same senator
the bill was tabled.
On motion by Mr. Tuttle of Aroos
took,
Adjourned until tomorrow morning
at ten o’clock.
HOUSE
Wednesday, March 23, 1921.
The House met according to ad
journment and was called to order by
tho Speaker.
Prayer by the Rev. Mr. Irving of
Gardiner.
Journal of previous session read
ond approved.
Papers from the Senate disposed
of in concurrence.
Senate Bills on First Reading
Senate 144: An Act authorizing:
the Commissioner of Agriculture to
provide inspection as to quality and
condition of fruits, vegetables, dairy
and other perishable farm products,
and to furnish statements relative
thereto.
Senate 143: Resolve in favor of
Stephen Blaisdell for materials furn
ished in the construction of the Cen
tral School Building for the Maine
State School for Girls.
Senate 137: An Act to amend Sec
tion 32 of Chapter 219 of the Public
Lavs of 1917. as amended by Chap
ter 174 of the Public Laws of 1919,
relating to pollution of waters of the
State by sawdust and other mill
waste.
Senate 141: Resolve extending the
provisions of Chapter 163 of the Re
solves of 1919 in regard to the col
lateral inheritance tax and probate
laws of the State of Maine.
Senate 48: An Act to' incorporate
the Dixfield Water District.
Senate 135: An Act to increase the
State pension to the blind.
Senate 134: An Act to make uni
form the fees of deputy sheriffs in at
tendance upon supreme judicial and
superior courts.
Senate 140: An Act to amend
Chapter 293 of the Public Laws of
1917, relating to the powers of the
Commissioner of Sea and Shore
Fisheries.
From the Senate: Majority report
of the committee on judiciary report
ing "ought to pass" on Resolve in
f^vor of the Austin W. Jones Com
pany, Veazie, Maine, reimbursing for
property destroyed by fire. Report
signed by the following members.
Messrs. Gillin of Penobscot
Parent of Androscoggin
of tho Senate
Messrs. Maher of Augusta
Buzzell of Belfast
Cole of Eliot
Murchie of Calais
of the House
Minority report of the same com
mittee, on the same bill, -reporting
same in a new draft, under title of
"Resolve authorizing Austin W. Jones
Company to bring a suit at law
against the State of Maine,” and that
“it ought to pass.” Report signed by
the following members.
Messrs. Farrington of Kennebec
of the Senate
Messrs. Hinckley of So. Portland
Gardiner of Gardiner
Wing of Auburn
of the House
Came from the Senate majority re
port accepted.
Mr. WING of Auburn: Mr. Speak
er, I move that we adopt the minor
ity report.
The SPEAKER: This is the resolve
authorizing the Austin W. Jones
Company to bring a suit at law
against the State of Maine. The
question comes on the acceptance of
either report, the majority report
signed by six members of the com
mittee on judiciary, ought to pass, as
printed: the minority report, signed
by four members of.the committee,
ought to pass in new draft; and tne
gentleman from Auburn, Mr. Wing,
moves that the minority report,
ought to pass in the new draft, be
accepted.
Mr. WING: Mr. Speaker and gen
tlemen of the House: If you will turn
to your Senate Documents and look
at Senate No. 14, you will see the
measure that is before the House,
and I call your attention to the state
ment of facts appended thereto. Now
when a divided report comes into the
House, it is but right that the differ
ences between the two reports should
be fairly stated so that the House
may judge of the merits of either
report. I felt myself unable to join
with my colleagues in the majority
report, which was a report in favor
of the resolve: and it is for you gen
tlemen to determine which of the
two reports is the better procedure
and the proper thing to do. This is
a case where you must not allow
your sympathies to run away with
your judgment, because there are
certain principles involved here
which have a very far-reaching ef
fect. You will observe that this re
solve calls for the payment of a sum
of money which was a loss sustained
by two men as the result of buildings
being burned by an unfortunate in
sane man. This man had been com
mitted to the hospital at Bangor. He
was paroled on the filth day of April,
and during his parole lie ran amuck,
so to speak. He committed an as
sault upon two women, and he said
that lie burned the buildings of the
Austin W. Jonas Company. Now I
have no fault to find with the amount
which the Austin W. Jones Company
saws is due them, but I do call your
attention to the fact that on their
loss there was paid by the insurance
company the amount of $4,400. You
will see by tile figures at the bottom
of the statement of facts that the in
surance company paid $4,400 of this
loss.
1 As jhe matter was presented, or as
it presents itself to my mind. I felt
if this resolve passed, that if the in
surance company had paid on ac
count of this trespass, it likewise had
a claim against the State of Maine
for the money that it had advanced
and paid as the result of this unfor
tunate act. I also felt that others
who suffered from flic acts of this
man would present claims.'
Now tiiis matter was heard twice,
all ex parte the first time, no one ap
pearing in opposition. Afterwards it
transpired that the trustees of tiic In
sane Hospital wished to be heard in
the matter, and they presented the
j superintendent of the institution who
I paroled this man. As the matter
: turned in my mind I began to feel
; that there was a principle involved
here which required more than the
hearing which was given it in this
Legislature and by your committee,
i I think matters of this kind should
in a court, where either side may
cross examine witnesses, where the
witnesses themselves may be under
oatli, and where neither side is sub
jected to the influence of interested
friends; and I felt that, unfortunate
as was this loss to the Austin \V.
Jones Company, they should seek re
dress for their wrong in a court.
Now I have nothing but sympathy
for the unfortunate men who have
suffered this loss, but if the state of
Maine is to operate highways, is to
take charge of unfortunate insane
and feeble minded, does it at the same
time become an insurer for every act
of an insane person while in its cus
tody, and does it become an insurer
for every act of its servant while in
i the prosecution of public business?
It seems to me that as the state goes
I on taking over these various activi
ties, there will grow up as between
the state and an individual a system
; of law which will take care of the
rights of the indi\-idual as against
[ the state. So I felt that the proper
thing to do was to allow this corp
! pany to present "its claim in a court,
and I trust that the House will agree
with me. I have no desire to under
; take persuasion to the position which
I take, although of course I would
1 feel flattered if the House should
I agree with me that it was a sound
one.
The SPEAKER: I am sure that
> the House is very desirous of having
no uncertainty about the situation.
| If you care to look at your printed
papers, you will discover that Son
jcte No. 14 is the original resolve, and
! if the Chair understands the papers
before it, the report of the majority
is that the original resolve should
pass. If you will look again at Sen
ate Document No. 132, you will ob
■ serve what the Chair will rule is a
printed error in the title thereof
j wherein the printer gives you to un
derstand that Senate Document No.
132 is the majority report: but the
Chair understands that it is the mi
nority report, and there can be no
question about it. The minority re
port presents an entirely new draft,
the proposition which the gentleman
from Auburn (Mr. Wing) has just
been discussing. The Chair recog
nizes the gentleman from Orono, Mr.
Perkins.
Mr. PERKINS: Mr. Speaker and
members of the Eightieth Legisla
|ture: As a common farmer and a
neighbor to the Austin W. Jones
Company of Veazie, I wish to speak
here this morning in behalf of what
seems to me to be a very just and
legitimate claim. I will be as brief as
I can, but I sincerely feel that the
members of this House should know
something about this matter before
they pass upon it; so I will briefly
endeavor to review the facts con
cerned in the case of this poor, unfor
tunate man from the time he was
committed to the state institution at
Bangor until the time he committed
these deeds.
On the 1-lth day of February, 1920.
George Stanchfleld presented himself
to Orman B. Fernadez, sheriff of
Penobscot County, and told him that
he was a traitor both to God and t(J
his country and that lie desired to be
committed to the Penitentiary at At
lanta, Georgia. Although Sheriff Fer
nadez is not a mind reader, he read
ily saw that this man was not right,
and lie arranged for him to return the
following day. When Mr. Stnnch
field returned upon the following
morning, the sheriff had Dr. Milliken
in attendance to make a thorough ex
amination of the man in regard to his
mental state. Dr. Milliken made a
very thorough examination of
Statachfleld and declared him dan
gerously insane. Immediately Fer
nadez called up Peter Davis of Vea
zie. Chairman of the Board of Select
men of that town, and asked him if
he would like to have Stanchfleld
committed to the Bangor institution
for the Insane upon a temporary
commitment. Davis immediately told
him yes and he was committed to th<j
institution. John Farrar, deputy
sheriff and a police officer, transport
i d him there in an automobile. Mr.
Farrar has had considerable experi
ence with insane people in a Massa
chusetts institution, and he consid
ered this man to he so dangerous
that lie put him in irons and they
carried him to the hdspital in irons
and delivered him to the caretakers
of that institution in irons, telling
them that they considered him a very
dangerous man. In the course of a
day or so, at the request of the se
lectmen of Veazie, Dr. Slarrett made
another examination of the man and
he thoroughly agreed with Dr. Milli
ken that he was a dangerously in
sane man. Then Dr. Hammond of
the staff made an examination. Those
three men said that he was danger
ously insane and Dr. Hi din concurred
with them in saying that he was in
sane, and later Dr. Tyson said that
lie considered him dangerously in
sane. Until April 2nd there was no
very noticeable change in the condi
tion of this man Staneiifiold, but
upon April 24th lie tscaped from
that institution, went down to the
river, borrowed a boat, rowed across
the river, hid in the woods through
the day, and that night, gentlemen,
ho swam across the river in the vi
cinity of the Veazie dam and returned
to liis home. The next morning he
was returned to the institution by
h is* mot her, and my heart goes out in
sympathy to that poor, unfortunate
woman who has had to ho subjected
to the newspaper notoriety that is
involved in this ease. I have known
these people all my life, and it is a
very unfortunate occurrence to me;
but, gentlemen, the next morning she
returned this insane man to the in
stitution and told Dr. Hedin that ho
had swam across the Penobscot river
the night before and asked that lie
bo paroled. If you look over the
chart in regard to father, mother,
sisters and brothers, the grandmother
and great grandmother, you will find
that perhaps they are not just what
they ought to lie. Some of his peo
ple have been inmates of that or oth
er institutions, and his mother, gen
tlemen, did what any mother would
have done at the request of her son,—•
she asked that he be paroled from
that institution. Immediately Dr.
Hedin released him in the custody of
liis mother, and the only guaranty
! that he had was her statement that
she would look after him to the best
of her ability. Immediately tiie se
lectmen of Veazie got in communica
tion with the hospital authorities and
they said*that they did not think that
George Staneiifiold was a. fit person
to lie at large, and whoever answered
the telephone said that they consid
ered him just a little bit foolish.
Well, this man that was just a little
bit foolish commenced to go around
the town making neighborly calls
and saying that lie guessed he would
make way with the Greenleaf girl,
his one time sweetheart. He said that
there were certain buildings in that
community that should be burned
because the people had refused him
jobs, and upon May 10th, in the mid
; die of the night, the popple of that
locality were awakened by flames
shooting up into the sky. The next
morning it was found that this man
had endeavored to shoot his sweet
heart, that he went to the bedroom
window, put a shot gun in through
that window and fired two charges of
shot, one taking effect in her cheek,
and the other one shooting off the
lobe of her ear. Then he went up to
the Austin W. Jones Company build
ings, where in the barns reposed one
of the finest herds of thoroughbred
Holstein cattle in the state of Maine.
To those, buildings lie touched a
i match. Then he went across the
fields to Mr. Proutv’s and touched a
match to Mr. Prouty’s house, but by
I this time his matches had become
; wet and he could not go any further
I in his destruction of buildings. *
The Jones boys have <l<>ne as much
for the agricultural interests of I’en
obscot county and of the state of
Maine at large as any two men in
that part of the state could have done
or would have done, and when they
come before this Legislature asking
that we reimburse them to the extent
of ninety dollars a head for thoroueh,
pred Holstein cows, all record break
ers. I think that we do not need anv
more conclusive evidence in regard
to the fairness of. those boys. Their
barn had cost ?3.5C0. five, seven or
eight years ago when lahor was
cheaper than it is at the present time,
and when lumber was far cheaper.
Their valuations have been very'con
servative. Peter H. Davis of Veazie,
a breeder of Holstein cattle, and Mr.
Mclntire, one of the executives of the
grange, thought that their estimates
were very, very low.
Now. gentlemen, we come to the
question of whether or not we are go
ing to shoulder the responsibility of
reimbursing these young men for their
toss, or whether we are going to turn
them over to a jury of twelve men. I
feel, gentlemen, that the poor, unfor
tunate family of this yonug man have !
been subjected to enough humiliation
in this case. T feel, gentlemen, that
the family of that young man are not i
responsible for his acts, but I do fee!
that Dr. Hedin, the physician in charge !
of the Bangor State Hospital, was re- ;
sponsible for him, because 1 do not \
believe that" he was justified in pa
roling this man., I <lo not believe there [
is another doctor at the head of any
institution in the whole United States
who would have turned this mart loose
upon his return to that institution, j
hut, rather, he would have put him to |
bed, given him a warm bath and let j
him be quiet for a day or two. He ;
certainly would not have turned him
loose in the "custody of a mother men- j
tally unfit.
Now, gentlemen, I believe in rer j
trenchment and economy, but I believe j
that economy, when it reaches a cer- j
tain stage, becomes extravagance, and j
l believe that when retrenchment
reaches a certain stage it becomes re
pudiation. Gentlemen, I believe we j
should pay these men for the loss j
they have sustained, because, gentle- :
men, it is a loss to them and it is a
loss to Penobscot cijunty at large. It j
will be argued here today, gentlemen. j
that we are letting down the bars. I
believe that if the Htate owes any more
of just such legitimate claims as the
Austin* W. Jones claim that we had'
better let down the bars, if that is ,
what you call it, and pay our honest ,
bills. We have no scruples over five
or ten thousand dollars to form some :
new commission, hut we do have j
scruples over raising five or ton thou
sand dollars in some instances to pay
cur just and legitimate claims, and j
we do have some scruples at some :
times about raising twelve or fifteen
dollars a month to pay some poor, un
fortunate widow a pension claim.
Gentlemen, I think it comes down to
this one point: Is the Austin W.
Jones Company responsible for the
conduct of this poor man, or are the
oilicials of this institution, who al
lowed him to go at large, responsible?
Now, gentlemen. I believe that that is
the issue. I am not going to take any
more of your time than I consider ab
solutely necessary, but there :s just
one thing more, and I would like to
read you a sample of his conversation
a few days before he was released
from the institution and then I will
rest whore I am, and you can judge
l<r yourselves whether or not he was
a lit man to he at large. The follow
ing is a sample of the conversation of
George Stanchtield:
If a hundred men were to stand up
to shoot me, I'd drop the handkerchief
as a signal. The other day 1 thought
1 was dying, and was glad of >it. I
smoked a cigarette and got so weak 1
that I fell to my knees on the floor,
got a cold all over, cold as ice. Just
look at my car, can you see any blood
through it. I haven’t a friend in the
world. When £ saw that they were
after me 1 did everything I could to
lieli) them out. If any one said “kill
the President,” I'd repeat it after
them, “kill him.” I would repeat
everything they said. Why when I
went into the Brotherhood I cheated
those h, ys and they have had to’spend
a lot of money following me. The
Government must he back of it for
what I did. A man followed me and I
heard him say, “There is a fellow that
ought to be on the other side of the
Rockies," and I thought he was after
me. This is what you get for not
leading a Christian life, and those
foolish letters of mine, that I wrote to
that girl, they are being published all
over the State and maybe all over the
United States. They send them by
telephone or wireless. I saw them
coming, when I was in Portland, dot,
dasli, dot, that's the way they come.
1 never can make anything out of my
life after this—"
Now, gentlemen, that is the conver
sation of that man. A few days be
fore that he wrote a letter to Wood
row Wilson, President of the United
Suites, asking that he be committed
to the penetentiary at Atlanta,
Georgia. I believe we could not pick
out any more intelligent body to de
termine this case than the ten men
of the Judiciary Committee, and six
of them siad we should pay this di
rectly, and four said give them a
chance to sue the State. Gentlemen,
T ntn heartily in favor of adopting the
majority report, and I sincerely hope
that the motion of the gentleman
from Auburn will not prevail.
The SPEAKER: The gentleman
from Auburn. Mr. Wing, moves that
the report of the minoiity, ought to
pass in a new draft—
M r. HINCKLEY of So. Unrtand:
Mr. Speaker, I fool it is only propor
that I should ask just a few moments
time of the House' to say a word in
regard to this matter. It is a matter
of fur-reaching importance, because
it not only involves this case, but it
involves this State at the present
time in other matters and it involves
the State in future years as estab
lishing a policy that has never been
previously established in the State.
Just a word in regard to our State
hospital. Up to four years ago, an
unfortunate who had been committed
to any one of our State hospitals
must remain there the rest of his or
her days, unless the hospital author
ities were ready to say that that per
son was cured, and discharged that
person from their custody. Many ;
people of the State of Maine realized
that there were many who had been
committed to those institutions who
had not been cured, who were still
insane, and who could very properly
he released in the custody of those
who were close and near to them.
Having that in mind, this Legislature
in its wisdom four years ago passed
a law providing for a parole of these
unfortunates from hospitals, and
gave the authorities of our insane
hospitals the right if in their judg
ment they believed it would be proper
and reasonably safe to have one of,
those patients return to his home,— ,
the right to do it without dischnrg- :
ing them. I do not believe that there!
is a member of this House who will
not concur with me in the conclusion :
that that was one of the fairest and
one of the most humane laws ever
enacted by this Legislature. Now
acting under that parole law. the hns- j
pita! authorities took up ease after,
ease, and during the last four years
there has been an average of one !
hundred inmates of the Augusta hos- I
pita! and one hundred inmates of the
U.- ngor hospital released tinker na- !
role.—not ns cured, not discharged.'
hut sent to their homes to be cared
for ns hr St thev could by those who
had that peculalr, personal, intimate'
relation with them. That is the his
tory of this parole low. Now, Mr.
Speaker and1 gentlemen, this is'sim
ply one of the hundreds of eases that
during the last four years these hos
p;tnl authorities have released; and T
say to you, Mr. Speaker, that if this
Legislature says that the State is re
sponsible for the act of any person
who is paroled from those hospitals
I sav to you that it Is only fair and
right, and I should expect the hos
pital trustees to simply shut the gates
and say that they will not allow any
body to go out on parole until they
know they are cured and can dis
charge them. You would expect that
as the inevitable result. Now doeg »
this Legislature want to go back to
those days when these people were'
confined within the tour walls of
those institutions and not permitted
to go back to their homes temporar
ily? Do you want to go back to it,
gentlemen? That is what it means’
and nothing else. Now here is a man
who surrendered himself and was
committed here. That is true. The
evidence before the Judiciary Com
mittee showed that that man, al-*
though he was evidently not right in
his mind, had never shown any signs
of violence either before he was com
mitted or during the time of his com
mitment. There is not a word of •
evidence to that effect, and the doc
tors of that instiutions believed at
that time, as they believed in these
hundreds of other cases, that it was
safe to pefmit this young man to go
to his home with his mother. Is the
State going to insure in a case of that
kind? Was it negligence on the part
of the hospitah autnorities to allow
him to go home? It seems to me.
gentlemen, when you have in mind
that they have released hundreds
during this time, and this is the only
case where one fellow went to pieces
and evidently became violent and
committed damage, that it is a most
dangerous thing for you to say that
they were negligent. We are so con
stituted that it is impossible for the
greatest expert on mental diseases to
tell when you or I or any other per
son may become mentally unbalanced
and may commit some overt act
causing damage to the community.
That is one of the things that we
must take our chances on ns citizens
of this State. The State (loos not
insure. The State throws its great
arm around all of the unfortunates
'of this State, and as the mother of all
the people of the State says we will'
care and will do for them as best we
can. That is what the State is doing.
Now I as one member of that com
mittee who listened to the evidence
believed, and I think we all belieVrd,
that sufficient had not been produced
to warrant the conclusion that these
hospital authorities were negligent.
It is unfortunate that after he was
released that he did become violent
and did do this damage. It would
have been unfortunate if he had done
it before, but no one would have
questioned or raised the proposition
that the State should pay damage
had he committed tills before he had
been committed to the asylum and
paroled. Now that is the situation.
We did not believe there was suffi
cient evidence to warrant us finding
negligence. Not only this "'case was
as issue involving ?10,600, but my
colleague from Orono (Mr. Perkins)
has told you that Stanelifield shot a
girl. She should he paid, if the Jones
Company is paid, for her damages.
Another set of buildings was burned,
and they will be in here. They arc
entitled to it if the Jones Company
is entitled to it. The insurance com
pany paid on account of the act of
this man, and if the owner of the
building is entitled to reimburse
ment, so is the insurance company
as a legal proposition. Now if the
hospital authorities were negligent,
fhat is one thing; but a court of law
is the place to establish that and we
believe that we were fair, we be
lieve wc were generous, we believe
ve were right, we believe we were
best protecting the interests of this
State whom we are here to serve by
giving these people the right under
the law at the present time to bring
a suit against the State; hut we say
to thorn you charge that the hospial
authorities were negligent. If that is
true, wo will give you the right to
go into a court at law and bring
your action there, and if you can
prove in a court at law that the hos
pital authorities were negligent, then
you have a right to recover. If yon
cannot go there, you have no right
to recover and you should not recov
er, but you must take the same ^
chances that every other citizen in
this State takes when dealing or
coming in contact with the unfor
tunates. That is the position of the
four members who signed that report,
and it seems to me it is a sound prin
ciple and a fair proposition.
Now just one more word to correct
an error, and I know that my col
league from Orono (Mr. I’erkins) did
not intend to make it. He called my
attention to the fact that there was
so many Holsteins. * thoroughbred,
registered cows. and. to show the
fairness of these men in their claim
they made, he called my attention
to the fact that they only asked for
$90 apiece for those cattle. That,
indeed, would be reasonable and
fair; but instead of $90 apiece, you
will find by turning to Senate Pill 14.
the statement of facts .that 27 of the
aforesaid cows were burned and de
stroyed, and they are charging to the
State and asking to recover $8,650
for 27 cows, or a fraction over $320
a cow instead of $90. Now that is
some difference. I am not discussing
the value of these cows, hut I Just
want to correct this error.
Now this is the situation and It is
for this House to say whether it
wants to establish here today a pol
icy that will mean that the State is
committed not only to pay this, hut
to pay the other bills,—pay for the
girl who was shot, pay the insurance
company—not only that but estab
lish a policy that the State shall pay
for all damage committed by any one
of the hundreds of unfortunates who
are out on parole and of the thou
sands who will be out In years to
come.
Mr. BARWISE of Rangor: Mr.
Speaker, I merely want to say Just a
word about sending this case to a
court. It cannot be possible that the
gentlemen who signed this minority
report believed that the State as a
matter of law is liable for the negli
gence of ore of its trustees or doc
tors in an institution. In an ordi
nary case of a charitable corporation
which on principle would he very
very much more liable, it has been
held in this State not to be liable
for the negligence of one of its ser
vants. The ratehr celebrated case
of the Portland Eye and Ear In
firmary a few years ago established
lira, tfact -for this State. If the
Portland Eye and Ear Infirmary, be
ing a charitable corporation, is not
liable for the blunder of one of its
doctors in taking out the wrong eye,
in taking out the good eye, so that
the man was left totally blind, the
State of Maine is not liable for one
of the blunders qf one of its physi
cians. Saying that the Jones broth
ers can take their ease into court is
the merest subterfuge. They can
take it in, but they will never get
(Continued on Pafle 9—Col.
Children Cry
FOR FLETCHER’S ,
CASTORIAI'