When the Maine state legislature rose above the will of the people as expressed in the Maine state constitution to charter, by special ct of legislation, that corporation known as the Finance Authority of Maine, the legislature there in deemed the following to be true:
The authority will serve a public purpose and perform an essential governmental function in the exercise of the powers and duties conferred upon it by this chapter. Any benefits accruing to private individuals or associations, as a result of the activities of the authority, are deemed by the Legislature to be incidental to the public purposes to be achieved by the implementation of this chapter. [1985, c. 344, §5 (AMD).] Special Act of legislation chartering FAMEIn fact and in regards to TexTech, having received at least seven wealth transfusions from MTI, the exact opposite is true, The public purpose is defined in the special act of legislation that chartered the non-profit corporation known as the Maine Technology Institute:
2. Purpose. The institute, through a public and private partnership, shall encourage, promote, stimulate and support research and development activity leading to the commercialization of new products and services in the State's technology-intensive industrial sectors to enhance the competitive position of those sectors and increase the likelihood that one or more of the sectors will support clusters of industrial activity and to create new jobs for Maine people. The institute is one element of the State's economic development strategy and will contribute to the long-term development of a statewide research, development and product deployment infrastructure.[ 1999, c. 401, Pt. AAA, §3 (NEW) .]
The definition of Industrialization at dictionary .com is :
1. ( tr ) to develop industry on an extensive scale in (a country, region, etc) 2. ( intr ) (of a country, region, etc) to undergo the development of industry on an extensive scale
The extensive scale is not in the prototype design activity but in the extensive scale production activity. The production activity for Textech as stated on their website is located in China and Thailand where the cost of labor is dramatically less that in Maine, wherein the legislature promises higher than average wages and all the beast benefits.
When we get to the definition of "incidental' as in "Any benefits accruing to private individuals or associations, as a result of the activities of the authority, are deemed by the Legislature to be incidental to the public purposes to be achieved by the implementation of this chapter.", the interpretation of the legislature's decree is nothing short of incredulous:
The definition of Incidental at Merriam Webster.com
So we are to believe that the high growth investors with whom our legislature is so cozily in bed in the special act of legislation that chartered the tax payer-subsidized high growth investor's corporation known as The Small Enterprise Growth Fund are unintentionally making a high growth profit for which they demand an "exit strategy" in order to realize!
The other definition of incidental that applies here is found on Thesaurus.com
Definition: related; minor
Prototype design is clearly related to production but it is minor in scale to production.
Prototype design provides jobs on a limited and minor scale to the amount of jobs provided in production.
The wealth transfusions going to TexTech from The Maine technology Institute benefit the owners of the means of production, or the high growth investor in the same, on a far greater scale than it benefits the Maine people in providing jobs for Mainers. It provides jobs for people in China and Thailand on a much greater scale than it provides jobs to Mainers.
But since The Finance Authority of Maine and the Maine Technology Institute and the Small Enterprise Growth Fund were all chartered by special acts of legislation in violation of Article IV, Part Third, Section 14 of the Maine State Constitution- can the legislature be said to be in violation of statutes that are themselves unconstitutional?