Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-05-26
Mileage,

TO the Editor Of the journal:
have been asked so many times and in so
many ways, as to what members of former
legislatures ought to do in relation to the
quasi dunning letters now being received by
them by order of the present Governor and
Council, that ] deem it advisable, if you will
permit me to do so, to reply through the col
umns of your paper.
As matters now stand, shall not return
any mileage, and for three reasons at least.
First The opinion of the court under
whose wing this proceeding seeks shelter, is
no opinion at all upon the main question.
The only matter which the Governor submit
ted to the court was the construction of sec.
6. of chap. lis of the revised statutes. Now
this section taken by itself isolated and
alone did not need any court to give it con-
struction. 1t did not require a lawyer even
to give it the same construction which the
fton is what we need the opinion of the court
upon.
The last Senate on the eve of its adjourn
ment passed an order to the effect that the
Supreme Court be requested to give its opin-
ion as TO the amount of compensation and
mileage which members of the Legislature are
entitled to receive under the constitution and
existing laws. This order covers the whole
ground. The court has not yet given any
opinion upon it, and until that opinion is re.
ceived, members, 10 say the least, may very
safely wait.
Second. The appropriation bill of legs-
lature is a law unto itself and is the latest
law upon the matters therein embraced. The
appropriation bills Of former legislatures have
been properly reported, duly passed, and ap.
proved by the Governor. The payment and
receipt Of money thus appropriated whether
right wrong is certainly and strictly legal and
cannot be recovered back, or sought to be re-
funded, more than any money appropriated
by any act or resolve of the legislature
Third. The present Governor and his Council
have nothing whatever to do with the matter
1t is the business of the Governor to execute the
laws. 1t is the business of the Council to advise
the Governor. What law, pray, directs these
missives to members of former legislatures
several of them to one, when one would ans
wer as well, and thus save postage?
If former legislatures have misappropriat.
ed money and it can be received back, or
ought to be, it is the business of the legisla.
ture to do it and when it has passed an act
upon the subject, and given direction in
the premises, then the Governor and Council
have authority TO move, and any movement
on their part until that is done will be pre-
cisely what this movement now is, the cheap
est sort of political buncombe.
And now a word further. was a member
in 1897 and 70. The legislatures of those
years, to say the least, were as able and hon
est as the last legislature. The State during
those years was favored with an Executive as
able and honest as the present Executive
Those legislatures passed their appropriation
bills, and among the items was the pay of
members, and they were paid accordingly.
And for the present Governor and Council Of
their own mere motion, without authority, to
call upon the members thereof to refund is,
as many members have expressed to me, a
matter of personal offence.
w. Ii. VINToy.
Gray, May 90, 1879