The Portland daily press., 1889-04-03
Is a Member of the Present LegisIa-
ture Eligible to the office of Rail-
road Goy,ooiceionav7
road Commissioner?


road Commissioner?
To the Editor of the Press:
The constitution of Maine embraces the
fundamental law which governs us as peo-
pie. 1t furnishes"an absolute rule of action
for all of the departments of the Government
as far as it is applicable, and is an unerring
guide upon all points embraced within its
provisions, to be followed strictly and with
out deviation from its clear and expressed
provisions. The language of the instrument
is to be taken in its ordinary and popular
meaning and no technical construction
should be given to its provisions, rendering
it absurd and contradictory. When 1t speaks
in plain and unequvocal language, giving
expression to the intent OF its trainers. the
Executive, the Legislative and the Judicial
branches of the Government will enforce its
plain and obvious meaning.
Its trainers foreseeing the dangers that
might result from the concentration of Off
cial power, wisely provided that
mo person holding the Office of Justice Of the
Supreme Judicial Court, or OF any inferior court,
Attorney General, County Attorney, Treasurer of
the State, Adjutant General Judge of Probate,
Register of Probate, Register of Deeds, sheriffs
or thei. deputies eeI TX o. ine judicial COURTS
u
mo member OF Congress or OF the Legislature
of this state shall be Councillors"
"NO Councillor shall be apI o nted to any Office
during The time for which he shall have been
sNo Senator or Representative SHALL during the
time for which he shall have been elected. be ap-
pointed to any ctt office Of profit under this State
which shall have been created, the en0Iltlnealfs
of aohich increased during such term, except such
offices as may be filed by elections by the peo-
pie"
Why these provisions? Why are the off,
GERS whose knowledge and experience would
enable them to be of great service and ad-
vantage to the people of the State in enact
ing and interpreting laws and passing upon
their constitutionality-if need be in advance
excluded from holding seat in legislative
halls? Why should not Councillor be APP
pointed to another Office during the term of
his election? The reasons are obvious and
do notlrequire discussion. The provision of
the Constitution applicable to members of
the legislature is of peculiar interest to the
people at the present time, in view of the
fact that several members of the present
legislature are reported to be applicants for
appointment to the position of Railroad
Commissioner, under the recent statute No
one will question that the position of Rail-
road Commissioner, under fair interpreta-
ton of the Constitution of Maine, is "a civil
The Revised Statutes of Maine provide
that,
"The Governor, with the advice and consent of
the Council, shall appoint three Railroad Com
missioners who shall act as board and hold their
ton shall be five dollars day while actually EN-
ployed in their official duties, to be paid by the
railroads on which their services are rendered"
The Legislature at its last session made a
radical n n N op N the law annliaohlo IN bo
board of railroad commissioners, both as to
their duties and 'em0laments," even if it did
not summariy leglslate the present board out
Of office after the 18th day of April, 1885,
The recent statute was approved by the
Governor on the thirteenth day of March,
and provides that
The Governor with the advice and consent of
the Council shall appoint three railroad commits
sioners who shall act as board and hold their
offices for three years; one OF them shall be
learned in the law, and appointed and COM
misSi0ned as chairman; one of them shall be a
civil engineer who shall have had experience in
the construction Of railroads. and the third shall
have had experience in the management and
operation OF railroads. Said board shall be pro-
vlded with an Office and suitable rooms for hear
ing, in which its record shall be kept. The board
may expend a sum not exceeding two thousand
dollars annually IN procuring necessary books,
maps, stationery and statistics, and in defrayiDg
expenses incidental and necessary to the dis
charge of its duties and procuring the assistance
saG s tae Ya c Oh iron
appointed by the Governor, on the recommends
tfon of the board, who shall keep a full and
minute record of Its proceedings. The compen-
sation OF SAID Commissioners and Clerk, which
shall be in full for all services to be performed by
them, shall be two thousand dollars. per annum
for each commissioner, and twelve hundred dol
lars per annum for the clerk payable quarterly
from the State Treasury"
Under the provisions of this Act, are the
'emoluments" Of the railroad commissioners
increased? Because If they are, no member
nf thn In&., l.f oh AAA
during the term for which he was elected
(Which extends to 1891 be appointed to the
position of Railroad Commissioners. The
'em0luments" of an Office are understood to
be the profits arising from such Office, the
compensation which is received for services.
This constitutional question can be easily
determined by comparing the compensation
received by the commissioners under the
former statute, with the compensation estab-
lished under the latter. By the provisions
OF the statutes of 1883, the compensation of
the Railroad Commissioners Is established at
five dollars per day, while actually employed
in their official duties" Assuming that the
commissioners are employed every working
day during the entire year at five dollars per
uay, the compensation for each would be less
than sixteen hundred dollars per annum.
The statute passed at the last session of the
legislature liked the compensation at ''two
thousand dollars per annum for each COM
missioner" This is not all. Not only does
Vic dcb give 10 eacu commissioner an increase
Of salary amounting to more than four hun
bred dollars per annum, but it authorizes the
expenditure of two thousand dollars annu-
ally" in defraying expenses incidental and
necessary to the discharge of the duties Of
the board" and for books, maps, stationery,
&c. The law not only provides for an in
crease of salary, but authorizes the payment
of the expenses of the commissioners ''nec-
e3sary to the discharge of their duties"
which includes travelling expenses, hereto
fore borne by the board, and without reim-
bursement by the State. More than this, it
furnishes the board with clerk at a salary
tne salary OF the commissioners is paid by
the state from the State treasury, though af-
teTwaTds assessed upon the railroads.
WIN any one seriously claim that men,
is eligible during the term for which he
shall have been elected" to the office Of
Railroad Commissioner, with this Main nr ~