The Portland daily press., 1880-04-09
TERMS $500 PER ANNUM, IN ADVANCE.

objects go for nothing and the door Is thrown
wide open to the improper and fraudulent use
of public money.
Your committee find that this rule has been
repeatedly violated by the Governor and Coun-
Gil for the year 1879. In many cases where
money was needed for a particular purpose
and the appropriation for that purpose was
found to be exhausted. the charge was made
against some appropriation in no respect re-
lated to the subject matter of the claim al
lowed, and the money taken from it on the
warrant of the Governor and Council
In the space within which this report
must be confined we eanrot give the details as
to the extent to which t. %late Governor and
Council carried this practice ofxusing public
moneys for purposes other than those for which
thew were appropriated by the Legislature.
The "Free High School" appropriation
seems to have been favorite fund upon which
to draw whenever the Governor and Codncil
wanted more money.
We have had copies of this appropriation
and the account kept with it taken and sub
init them asa part of the testimony and call
attention to them.
OF the appropriation for "Free High Schools"
S15,474.T were drawn and expended for legiti-
mate purposes, while SS,703. % were drawn and
used for purposes entirely alien to the nature
OF the fund, the largest item being the $4,000
drawn bv warrant of the Governor and paid to
him on December 81, 1879. Other appropria-
tions were overdrawn, no attention being paid
to the limitation fixed by the Legislature.
These are shown by the accounts which are
submitted as a part of the testimony.
Special attention is called to the appropria-
tion for printing which has been overdrawn
81, .48 and in the account of Pillsbury & Co.
the State printers, and the papers filed by
them as their vouchers for moneys drawn from
the treasury, no voucher or account is found
for the payment of $1,000 on October Z, 1879.
1t is claimed that demands for printing vet re-
main unsettled, but this apparent overpayment
of public money should be closely looked into
and proper vouchers should be insisted upon
whenever settlement is made.
THE MONEYS DRAWN BY GOV. GARcELoN DURING
THE LAST TOO WEEKS OF HIS ADMINISTRATION.
These amount to six thousand dollars. They
were drawn in the usual manner, on reports Of
committee of the Council approved by the
Governor and were as follows:-
December "a, 1879, $1,000 for protection Of
public property; on appropriation for mill ary
purposes.
December 81, 1879, $1,000 for counsel fees
and professional service for the State; on the
Contingent fund of the Governor and Council.
Cured for police services; ON the appropriation
for Free High Schools.
In neither case does any receipt, account or
voucher appear with the report, or among any
papers of the Governor and Council.
The money was drawn in advance of its uses.
with no accompanying statement as to how it
was to be used, taken from funds appropriated
Tor other specific purposes, and expended, il at
all, without any warrant of law.
We call special attention on this point to the
statement of Governor Garcelon, which is
found in full in the printed testimony, and
which contains the narration Of the facts and
circumstances surrounding this remarkable
transaction as viewed from the Governors
standpoint.
The sum and substance OF that statement is
that the money was drawn and used for pay
ment of the force which Governor Garcelon
placed in and about the State House during the
last month Of his a6uni unipictration and in
cases running forward into what is commonly
called the "Lamson," or "Smith" or Fusion"
government. .0r .-t-
1t is not claimed that any warrant of law ex-
lsted Tor the payment of dollar OF this money
after Governor Gareelon, on Wednesday, Jam
uary Z, went out of Office.
The Governor himself does not claim that
any such payment by him was authorized by
February goth paid money out in considerable
sums to persons presenting claims to him, ex-
actly as though the funds of the State in his
hands were subject only to his own discretion
in their use. 1t was in testimony before the
committee that from the 18th day of Novem-
Der to the time of the conyening of the Legis-
lature a force was gathered in the State House
which was gradually augmented in numbers
by the addition of new recruits until the roll
numbered over 100 men. In the first instance
the number was not large. but as the time for
the session of the Legislature drew close at
hand, when the fruits of this conspiracy
were to be realized in the election of Cover
nor and other State officers, this body of men
was rapidly increased and guns and fixed am
munition were provided to meet any resistance
which should be offered to this usurpation of
the rights of those lawfully elected by the peo-
pie. These men were distributed in and about
the State House, under the general supervision
of the Superintendent and Capt. r. w. Black.
Democratic lawyer of Augusta. g.
1t appeared that these men were recruited
from different cities in the State; that most of
them were irresponsible, and that some OF them
were graduates of jails and the State Prison.
and of this last number was one man whom
Governor Garcelon acknowledged that he par
dOned during the past year. 1t further appeared
from the testimony of the Superintendent that
after the arms and ammunition were brought
from Bangor these men were drilled in their
use until he expostulated against the proceed
ing. 1t also appeared from his testimony that
he caused the guns borne by our soldiers in the
war, to be loaded with powder and cut lead
and kept in room convenient to the rotunda
where they could be used upon the citizens of
this State in case Of an emergency The men
were supplied with police badges and clubs
at the expense of the State. A roll of these
men and a list of those of their num-
Der who had served sentences in the public
jails and in the State prison will be found in
the testimony taken before the committee.
No proper excuse or justification and no war
rant of law is found for the employment of
this extraordinary body of men. The legisla-
y
vided for only two night watchmen to protect
the State House, and the Superintendent had
no authority to employ larger number. The
men did not form any part of the police of the
ed insurrection the Governor is restricted to
the employment of the militia if he requires
more than the police of the city, in order to
preserve public order and tranquility; but in no
case is he authorized to employ a body of reck-
less men, subject to no discipline and RESPONSE
BILE to no commanding officer, to be paid out of
the treasury of the State; in whose hands arms
are placed. and whose discretion or want of
discretion are exposed the lives Of citizens
in times OF great public agitation and excite
ment 1t was in testimony before your COM
mittee from DR.. Lancaster the Superintendent,
that it was contemplated by some of the fusion
leaders at Augusta to raise the money to meet
these extra expenses by private subscribtion.
The difficulties in the way Of paying this unau-
thorized force which belonged to neither the
civil or military departments, which was with
out warrant OF law and unnecessary for any
legimate purposes were undoubtedly felt
and appreciated, but according to the testi-
mony of Governor Garcelon, he solved the diff
ficult by brushing aside the law, and not only
betrayed these expenses from the public treas
ury, but just as his term of office expired drew
out large sums of money, part of WHICH he
now claims to have paid out, and part of
which he admits he still holds The receipted
roll to be found in the testimony, shows that
the payment to these men in full up to JAN
uary 7th, 1880, when the term of Governor
Garcelon expired, amounted to over nine hun
dred and fifty dollars. This money was drawn
on the warrant of the Governor, and by him
paid to Adj't Gen. Leavitt and by Gen.
Leavitt paid to the men. 1t will be borne
in mind that the thousand dollars paid
Leavitt for the purpose was not the same
money as that paid to him at another time
and for another purpose and which has
since been refunded by him to the State
Treasury. 1t will be remembered that Gov
ernor Garcelou ON the oath day of De-
cember drew one thousand dollars, and on
the thirty-frst day Of the same month drew
five thousand dollars more; of this sum one
thousand dollars was paid over to Leavitt
January 7th, 1880 for the purpose of paying
this force; for the balance of the five thous-
and dollars, Governor Garcelon received the
checks of the State Treasurer, drawn on diff
ferent banks and each payable to his order.
There is not any pretense that at this time
any expense, which the Governor would re au-
thorized by law to pay, had occurred, and
was unprovided for. These checks Governor
Garcelon, in person, Immediately presented
for payment, endorsing them an individual
and received the money for them, and he
now admits that he did not deposit it in
any bank, and returned no account of it to