The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-03-05
BY TELEGRAPH.
FIFTY.EIGHTH IEGISLATU RE
Final Adjournment Of Both
Branches.
SENATE,

AUGUSTA March 4.
The Senate was called to order at half past 10
o'clock.
The acts and resolves passed to be engrossed in
the House last evening were ed upon.
The resolve relating to biennial sessions was
passed finally, the yeas and nays being ordered, and
the vote standing yeas Is, nays2.
LAND AGENT.
Toe bill relating to the bond of the Land Agent.
and removal of the Office TO Bangor, during the
recess of the legislature, was attacked by Mr..
Vinton, on its passage to be enacted, who show ed
the irregular action of the House and OF the COM
mittee of conference
Messrs Barker and Patten made very lame
defence for the committee, and still worse for the
House,
The bill was refused a passage-1S to 7.
The Senate then adjourned to O'Clock this
afternoon.
GOV GARCELoN's VETO.
The Governor sent to the Senate and House this
afternoon the following message:
To the President of the Senate:
In compliance with the Constitution of the state I
herewith return without my approval the resolve
the pay roll of the Senate which originated in the
body over which you preside, endorsed by you as
having finally passed the same on this day, and by
the Speaker of the House the LIST inst and for the
following reasons, to wit: The Constitution OF the
the state article section provides that the Sena-
tors and Representatives shall receive such compen-
sation shall be established by law but no law in.
creasmg their compensation shall take effect duing
the existence of the Legislature which enacted it,
Chapter 49, section of the r. s. provides that each
member Of the Senate and House of Representatives
shall be paid salary of $3.50 for the regular annual
session of the legislature and 81 for every 10 miles
travel from his place of abode in each session
He is entitled to mileage the first day of the ses
sion and $50 of his salary the first day of each
month thereafter durin the entire session and the
balance at the end thereof. An examination of
the roll exhibits The fact that against the sum of
each and every member his mileage is recommended
at 81 for each every ten miles travel instead of
so as expressly limited by law.
Article g. Sec. 70 of the constitution of the State
epjoins upon the Executive the duty to take care
that the laws be faithfully executed, and in discharge
OF this duty cannot consent to approve an act or
resolve openly and manifestly violation of the
law, the spirit and letter of the constitution well
the usages, only Of the trainers of that nstru-
ment but of all subsequent legislatures for period
of more than fifty years.
ALoNZo GARoELoN.
This veto was received at O'Clock P. M, and sus-
tanned in the House by vote Of 63 to 49, and in the
Senate by 10 tos.
The Senate passed new pay roll, computing the
mileage at 20 cents mile instead of computing it
way at 40 cents. The resolve providing for this
passed both branches under suspension OF the rules
HOUSE.
Mr. Guptill presented an order that the proper Off
GERS be required TO send for absent members who
have not been excused.
Mr. Locke moved to lay the order on the table.
Carried.
LAND OFFICE.
The House concurred in the action of the Senate
tbs bill relating to the Land Office without dis
cuss)on.
After waiting some time for the anticipated veto
message from the Governor the House adjourned to
o'clock p. M
Afternoon Session.
DISCUSSION OF PAY ROLL.
A pay roll was presented by Mr.. Fox providing
for the payment of 20 cents per mile one way.
Mr.. Wilson said the constitution gave expenses
both ways. He had conscientious scruples against
taking even the amount at this rate. His expenses
were &c. This gives him SIG.
Mr. Fox in Difference to Mr.. Wilson's example
affixed an amendment that members should be paid
expenses instead of mileage. Rejected.
Mr.. Dickey, in an exhaustive argument, supported
the 20 cents per mile each way theory.
Mr.. Young did not come here to please the Cover
nor or any else, but to pass upon matters upon
their merits He said the constitution provided fol
expenses to and from here.
Mr.. Spaulding said according to statute provisions
the compensation was to be 30 and expenses each
way, and that the mileage was part of the compen-
sation. Courts have ruled and paid expenses both
ways,
Mr., Mouton Of Scarborough gave his reasons for
sustaining the He he think
were acting under the resolve of 1872 he could vote
for mileage both ways, but he claimed swe were act
ing under the law of 1921.
M. Gilman thought the only trouble in the make
up of the former pay roll was in not making the
number OF miles each way.
Mr.. Wallace thought the 20 cents per mile one way
was intended to cover the whole expense OF travel.
MIR. Perry said he did not see why the pay rel
could not be made to include the travel both ways,
and offered order to that effect. As the adoption
of this order would require laying the resolve the
table MIR Spaulding offered an amendment covering
the same ground.
A large majority OF those present voted for the
amendment, but as no quorum voied the amendment
was withdTawD and it voted that the clerk make
up the pay roll accor ding to the law Interpreted
by the House, that is 20 cents per mile both ways
During the discussion Mr.. Wadsworth moved that
lie matter With all the amendments and papers be
referred to the Supreme Judicial Court.
Mr.. Wilson moved to substitute the name of the
gentleman from Fort Kent for the Justices Of the 8.
j. Court.
Mr.. Fox presented resolve providing that the
Governor submit the matter of mileage to the JUS
tees of the Supreme Judicial Court to determine
what is the legal mileage under the constitution and
iaws, and providing that the members be paid
their salary and that the Treasurer of State
be authorized 10 remit to members their
mileage after the court renders decision.
This seemed to strike the members as solution of
the yexaious question and the resolve passed with
out opposition, and was sent to the Senate, the
House reconsdering their former action in directing
the clerk 10 make up the pay roll.
An act enlarging the jurisdiction of the Superior
Court of KenDebec county passed both branches.
In the evening both branches passed resolve that
the Treasurer of the State Withhold from each mem
Der OF the Legislature one-half the mileage as made
up on the pay rolls of the House and Senate subject
to the opinion of the Supreme Judicial court
MAINE.