The Portland daily press., 1888-05-08
THEcovERNoRsHiP.
Is 1t Quite the Proper Thing to Nomi-
nate the State Treasur er for
Governor?

For the first time in the history Of Maine q
State Treasurer has announced himself as
candidate for the Chief Magistracy, and the
novel spectacle unayoidably presents new
issue to the dominant party; an issue which
must of course, be decided upon principle,
and not on personal considerations.
Nobody doubts the integrity Of our present
Treasurer who is now serving his fourth and
last year. OF his twenty-five predecessors
in that most responsible Office, one only prov
ed delinquent Nevertheless tho Constitu-
tion has wisely guarded that Office with pc
culiar jealousy, and the Legislature has
found it necessary to supplement the bull
wark of the fundamental law by increasingly
stringent safeguards.
Neither State Treasurer Burleigh nor his
friends can justly complain that his candid
acy at this time during his unfulflled term
of Treasury service has raised the question
whether his nomination and election to the
Gubernatorial Office would be quite in accord
with the spirit and intent of the Constitution
and the laws? Not whether such proceed
ing would be unlawful and void as violatiye
of the letter Of the fundamental or the stat
ute law, but whether or not it would be in
bad taste, of pernicious example and impro-
per, as contrary to the spirit and fair intend
ment of their provisions?
A brief review Of those provisions and en-
actments may assist in the solution of the in
quiry
"The Treasurer shall be chosen bennially, by
joint ballot of the senators and representatives In
five years successfully. Before entering on the
duties of his Office he shall give bond to The State
with sureties. to the satisfaction OF the Legisla-
ture, for the faithful discharge OF his trust The
| Treasurer shall not during his continuance In Of
fee, engage in any business Of trade or commerce,
or as u broker, nor as an agent or factor for any
| merchant or trader. No money shall be drawn
| from the treasury, but by warrant from the Gov
| ornor and Council, and in consequence of appro-
| priatlons made by law, and a regular statement
Of the receipts and expenditures 0f all public
ey, shall be published at the COMMENCEMENT of
tho sessien of the Legislature" Constitution
Art. VsPart A, Sees. Ia, Amendment XXIII.)
His bond shall be in the penal sum Of not
less than S150,000.
Among the statute conditions OF his bond is
the following:
"That he shall render Just and true account
OF all his agents and servants doings and trans
actions in the office, to the legislature, or to such
committee as 1t appoints, on the first DAY Of each
regular session OF the legislature, previous to the
choice of new treasurer, and at any other time,
when required by the legislature or the governor
and YAH aby m w 10 s asd
sor in office, to such person as the legislature
appoints, all moneys, books property, and appur-
tenances of said Office, in his, any of his agents
possession, and pay over all balances found due
on such adjustment"
He is forbidden to receive for his own use
any interest. premium, gratuity or benefit on
any money belonging to the State, or for
any loan obtained for the State; but
| shall account therefor to the State He is
| also forbidden to use in his own business. or
| for his own benefit. any such money, or to
| permit any other person to do 1t, on pain Of
| indictment and forfeiture of an equal sum.
| Or. S., chap. 2, SS47, AS, 49)
"The Treasurer on the first Wednesday Of Jan
uary, annually, shall lay before the Governor and
Council a statement of the amount Of all warrants
| in favor of the State, and OF any other sums or
| balances due from the several sherffs, and shall
certify the names of the sureties in their bonds
NsHe shall. annually, on the first Wednesday Of
| January, lay before the Governor and Council. a
printed detailed account OF the state Of the treas
ury, distinguishing in the receipts and expendi-
lures the sums due at the close of the preceding
| year from those that became due during the cur
| rent year. and what sums are due to and from the
treasury, and the resources of the State for the
| ensuing year. The Governor and Council shall
| lay such accounts before the Legislature on the
| first Monday Of each regular session." (S70)
"The Governor and Couneil shall, annually, ap-
point committee OF not less than three citizens,
who shall carefully examine the accounts Of the
State Treasurer, as embodied in his annual report,
| and certify in wiring the result OF such examina-
| tion; and their certificate shall be appended to
his report. They shall also examine all cancelled
bondsiand coupons. and destroy the same by burn
ing, in the presence Of said Treasurer. and give
| him certificate of such destruction. They shall
make sworn report OF their dOngS to the Cover
nor and Council, which report shall be entered on
| the records of the Governor and Council and filed
| in the office Of the Secretary of State" S71)
His salary, formerly $1,000, was at the last
| session OF the Legislature, increased 10 SZOOO
and the clerk hire in his department from
| 5000 to $1,000.
Hence it appears that the wisdom Of our
fathers and the experience OIL their success
sors have deemed it prudent to guard tne
treasury by series Of peremptory provls,
ions, constitutional and statute, singular and
unique Nothing like 1t can be found else
where in the organic law or on the statute
book. Note the arbitrary and inexora0le re-
| quirement that the Treasurer, however up
| right. shall retire from office at the end Of
| five NOW four years. Observe the magni-
| tude of his bond. Mark that condition of
| his bond which demands the rendition OF his
account to the legislature on the .trst day OF
| each regular session, precious TO the choice
| of a nelo Treasurer. 1t should also be re-
| membered that the Constitution and the law
| originally contemplated annual sessions Of
| the legislature and annual elections OF Treas
urerS.
Even with this short range Of authority all
| these precautions were devised and adopted;
| surely they have not been rendered less nee
| essary now that the adoption OF biennial
sessions and biennial elections has doubled
| the distance between the State Treasurer
and his accountability.
Now it is asked If there would not be an
awkwardness in requiring Treasurer Bur-
| leigh, ON the first Wednesday of next jan
uary to lay before Governor Elect Burleigh
and his Council his annual Statement Of
all warrants In favor of the State," ETC., etc.,
according to X. S., chap. 2, S66? And on the
same day "a printed detailed account of the
state of the treasury" etc., etc., under s II? E?
1t will be observed that the Treasurer 5
bond expressly requires him to render his
account, on the first day of the session, and
preuiOus to the choice Of nelc treasurer
The manifest object of this peculiar and
stringent requirement is to enable the legis-
lature to scrutinize the treasurer's books and
| papers for the preceding two years, before
| the election OF a new treasurer, whether TIL G
treasurer himself is a candidate for re-elec-
tion or not. Accordingly, the immemorial
practice has been to delay the election, OF
treasurer until the legislative committee has
had an opportunity to examine thoroughly
the treasurer's books and accounts, vouchers
&c, and to report thereon to the legislature.
No careful lawyer will deny that TINS re-
spOnsibility still rests upon the legislature.
The additional safeguard which the absence
of the legislature on alternate years now re-
quires-an examination by a commlttee APP
pointed by the Governor and Council-can-
not be construed as justification Tor an aban-
donment of the duty which the explicit un-
repealed provision Of the law imposes on tie