The Portland daily press., 1888-05-12

lied to make such a promise? Certainly not
the retiring governor nor his successor, the
outgoing treasurer; for II Is the constitu-
tional prerogative OF the Legislature TO
choose the treasurer, free and unembarrassed
by any dictatiOn. promise or understanding
on the part of anybody, whether In or out OF
ofiiee. The kennebee Journal cites the sole
precedent in the history Of the State. lt Is
true that 80 years ago, In 1855, Governor An
son T. Morrill, did appoint a commissioner OF
the treasury, but he brought the responsible
ity upon himself by his own act in appoint
ing the treasurer 10 the Supreme bench. IL
Is also true that those were times Of high,
almost revolutionary political excitement
Just preceding the civil war, when many
things were done which 1t would hardly be
wise to quote as safe precedents. lt should
also be remembered that the duties and
responsibilities Of the treasurer were light
and his compensation small In that early
day. The State tax was then 100000, while
now it is S650.000; the salary was then $500,
now 1t is $1,000. Again the present Is
most in0ppOrtune time to disturb the treas
ury needlessly. At the last session the Y.
sue Of new State loan Of nearly three mil
lions OF dollars was authorized by an act
containing certain -uRR5sual and rad
-1saa4t~ provisions, imposing new duties
upon the treasurer, Of peculiarly
delicate and responsible character.
The extraordinary feature Of the act was
this that 1t authorized the immediate issue
of State loan In the spring Of 1887, while
July, 1889, more than two years thereafter.
This singular circumstance called for ex-
tra0rdinary provisions, among which were
the authorization Of the treasurer with the
governors approval, TO issue and exchange
any of the new bonds for an equal amf unit
OF old unmatured bonds of a different rate
of interest; "On such terms as in his 1udg-
ment, and the governors, shall be advan-
tage0us to the State. 1857, c. 43; 81 Also
to sell all the bonds in the sinking fund, ex-
cant Maine apQuritipQ tsaud IN aDnlV the UrO-
ceeds to the purchase Of outstanding bonds
of the State, In both cases, at prices which,
in his opinion, and In the judgment OF the
governor, shall be advantageous to the
State" so
How large a proportion of this new
S2.SO0,000 three per cent loan has thus been
issued and exchanged for unmatured six per
cent. bonds, and on what terms, am not In
formed but that great and unusual respon-
sibilities have thus been imposed upon the
Treasurer, Is evident enough. Doubtless 1t
was in view Of these new cares and lab0rs
that the last legislature added 500 to his
salary and twice that sum TO the compensa-
tion Of his clerks. Would the interests OF
the State suffer by allowing Treasurer Bur-
leigh, now so thoroughly familiar not only
with the general business OF his department
but especially with the progress ana degree
of success Of this delicate duty, to serve out
his fourth year and thus not only wind up
the new loan exchange satisfactorily but
what is only next In Importance, be able TO
give satisfactory account Of his steward
ship?
to be deprecated because Of its tendency to
withdraw the supervision Of the treasury ac-
counts and the administration Of the Treas
urer from the Legislature fresh from the
people, where IL belongs, and TO vest it In
committee appointed by retiring Governor
and Council chosen in 1886. Let there be no
misunderstanding on this point. Ii Is too
serious matter to justify misrepresentation.
In order to proper understanding OF its i'm
pOrtance, it should be borne in mind that
originally and indeed as late as 1888, there
could be no question Of the Treasurer direct
and exclusive responsibility TO the Lcgisla-
ture. The indispensable condition Of his
bond required him ito render account TO the
Legislature, or such committee as they ap-
point, on the first day Of each annual session
previous TO the choice Of a new treasurer,
and that he will settle and adjust said ac-
count and faithfully deliver over to his
successor in Office, or to such person as the
Legislature appoints, all moneys, books, and
property Of the said Office, In his or any Of
his agents possession, and pay over all bal
ances found due on such adjustment" Or. 5.
of 1871, c. 2, 5 49, HE shall. annually,
meeting of the Legislature, lay before the
two houses thereof a printed detailed ac-
count Of the state OF the treasury" &c. Is
Co., His responsibility, on the other hand,
to the governor and council was either for
required to lay before the governor and
council en- the first Wednesday Of January,
| annually, a statement of all warrants IN
| favor Of the state, and Of any sums or bal
| aneeS due from the sheriifs, and certify the
names of their sureties, Is 63,) but ii is evil
dent that this was merely for transmission
| TO the Legislature, for what time or opp0r-
tunity remained for examination or action TO
governor whose term would expire at noon
of that same first Wednesday in January?
Again, the treasurer was required to rem
der account to the governor and council, II
an emergency should arise demanding so
extraordinary action during the recess Of the
Legislature, Is 45)
Thus we see the fixed purpose OF the law
to hold the custodian Of the public moneys,
by far the most Important officer IN the state,
TO a strict direct responsibility 10 the Legis-
lature, and not the outgoing governor and
council.
Now the only modification of our law was
made in 1883 (c. 127, now incorporated into
present Revised Statute as 5 II OF c. q a
change necessitated by the adoption Of bien-
NAL sessions of the Legislature. Unwilling
to release the Treasurer from an annual over
hauling Of his accounts and books, 1t became
Indispensable to require him to report
to some body which should be accessi-
bic at the beginning Of the even years when
the Legislature would not be In session. And
this was effected by statute simply cumu-
lative In its provisions, adding to existing
legislation tine further requirement that the
Governor and Council should appoint COM
mittee to examine his accounts and report
thereon to the Governor and Council. This
arrangement was one OF the many necessary
evils growing out OF the biennial system, and
the time may come when II will cost the State
dearly. However that may be, u never was
designed TO supersede the authority Of legis-
lative supervision. Not one OF the safeguards
above referred to was repealed or impaired,
but they all remain in full force and vigor on
our present statute book as IS as and 70 Of
tn..A GkoN.
fore, is still obliged by his bond and the ex-
press terms Of our statute every odd year to
make two reports, one on the first Wednes-
day Of January to the Governor and Coun-
Gil, to be by them laid before TIE Legislature
on the first Monday OF its session, and the
other directly to the Legislature itself on the
| first day Of its regular session Is 49,
Now the coming winter Is one of those odd
years when, even under our biennial system,
the Legislature, after a two years vacation,
will be in session. Governor Marble and his
Council doubtless command the respect and
confidence of the people Of Maine; but that
Is no reason why the Treasurer should need
lessly thrust upon them duties which unless
exceptionally and in an extraordinary con-
tingencyl were not designed for them, but
for the newly elected legislators whom II
shall please the people to choose for that
purpose Had Treasurer Burleigh's health
failed, or had Imperative necessity required
him to leave the State, OF other unavoidable
exigency made it necessary for him unex-
peetedly to vacate the Office which he sought
In 1885, and again in 1887, the people Of
course would have TO make the best of it by
availing themselves Of the services of such a
commissioner as under the emergency could
be secured.
Such contingencies (and the possible repe-
tition of the deeds of 1860 are evidently the
ones which our statutes were designed to
provide for; and not for the undreamed of
case of a State Treasurer taking the field as
candidate for the chief magistracy.
The idea of compliance with the mani
fest spirit and intent of the Constitution and
the law operating as tying Of the hands
Of the people Of Maine by legal
or constitutional bands" Is not only
in rather poor taste, but saYors too
much Of fustian. The people Of Maine
will be inclined to laugh at the spectacle Of
their enslayement by their constitution and
laws, II the damage consists In requesting
any Of their public servants to take two
years vacation from the public service.
1t will be found, think, that the more
this new proposition OF candidate Burleigh Is
considered, the palmer the case will seem,
and that the popular verdict will require OF
him as the law would If he were Treasurer
of HoultOn, or Bangor, or Augusta, TO COM
pete his duties and have final settlement
with the people, before assuming the chief
magistracy.
Such final settlement he never can nave,
-. Al. Of aaENrT