Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-04-01

The word "expease" does not necesssrify rnea,
expense of money for .ex2ense Of his moneys, b
iii had been solicitor snd bad spent his time il
personally investigating the title, he Rixht hay,
srsiy alleged that he had been put to expense.
There are numerous other decisions
which show that when money il spprcpri,
ated ito pay expenses IL must mean thoss
expenses which are necessarily incident u
the work 10 be DONE"
deem these citations sufi cient to estsh-
lish the legal proposition that the commits
sion had right to pay themselves salaries
under the resolve Of 1859.
The second question involved in connsc.
ton with this report 10 whether the Gov
ernor OF the State could legally take COM
pensar,On for his services ~ . member OF
the commission. Even admitting that the
other members Of the commission could
legally do 50.
No objection can be based on section 6,
article Of the constitution, which says:
The Governor shah a. stated times receive for
his services compensation which shall mot be
increased or eliminated during his continuance In
Office.
Receive fer his services" as what? As
attorney general? No. A. secretary Of
state? No. Simply and solely for his SER
vices 40 Governor. This section, then, can
have reference to no other cfice or employ
ment. He received a. commissioner no
addition u his salary - Governor. In
Lowe vs.. Brsckeit, Al Cal, 364. the court
say in regard to the right Of the attorney
general TO receive compensation for ser
vices as examiner, in addition to his salary,
under q constitutional provision in sub
stance like ours that
After having thus performed his service, which
under the eonstituiion h wholly foreign TO his
tffice a. d which is not and cannot become part
of his official duty as attorney general and If the
Legislature has seen Mt TO compensate him for
this unofficial service there is constitutional
impedment to hinder them from SO doiog.
Article 8, part Let, section Of the con-
stitutioa reads:
No person holding any Office or place under the
United States, this State, or auV other power,
snail exercise The office of Governor.
Was . position on the commission
under the resolve of 1889 An ''oflice or
place" within the meaning of the constiiu-
ton. l thipk not. II is obvious that office
and place are used in the constitution As
Synonymous terms and apply to constitu.
tional Office. Article ., section of the
constitution reads:
Every person elected or appointed TO either OF
the places Offices provided in this constitution
etc,
which very clearly confirms the above in
In Brown vs. the People, 40 H., 397,
the court say:
The only question presented by the record Is
this: Are the commissioners appointed by the
act of February IS, 1867 entitled act to provide
fo- the erection of n new State House, officers
within the meaning of the second section of the
4th Art 23d section of the fifth article OF the
stitution of the State.
After making a distinction between an
Office and employment and thst the COM
mission came under the latter, tue court
further say:
No tenure o. efhc, is fixed by the act, no per.
msnenoy is attached to 1t. nor Ia there the .lght
eat conur ction with the exercise OF any portion o.
the executive power snd no intention maDif. sred
ln the act itseli 10 est ,blish office. The sp-
pointees are to perform y duty single in itsei'
which the Legislature could not Of and BY itself
perform; that ia, 10 superintend the erection Of
stat house and dsbnrse moneys the Legislature
NAV appropriate for such purpose No power Is
given to iey' taxes and no government act is 10
be performed by them I;'s er1y by the ad ance
OF cviiZ stfon and refinement tn At cos ly sdfces
are cted for worship or l. gisiation Gov.rG
m-nt can be Administered without such structures
and an asent VINO superiatends their erection
cannot with any prop'iety be said to perform =
junction of government.
There are numerous decisions which make
the distinction between an efiice and an
employment! Land agent rot An officer but
sn employe, 3rd Msine. 4Sl; Liquor agent
same, 67 Msine, G3. An officer for service
rendered in his official character can charge
nothing in excess Of his salary but for ser
vices performed ia his individual capacity,
he is on equal footing with other indiyidu-
ais. Sc Harris Il Gill, Maryland, 81 p.
The same principle cited and con
8 rmed in Goth Maryland. 500, and State VS.
Weston. 4th Nebraska, 23t. The secretary
Of state, acting as adjutsnt general, held he
xas entitled TO compensation therefor as
we'll as salary of secretary of state. In
Crossmsn VS.. Nightiagil, let Nevads, 1928,
he lieute nant governor was made ex oflicio
warden of the States Prison by the Legis.
iature. Il was held he was entitled to pay
for services as warden in addition to his
,alsry as Lieutenant governor.
1t seems TO me very clesr from the
numerous authorities on the subject that a
position on the Stale House Commission
sas sn employment and not su office, and
hat the Governor in serving thereon was in
10 way acting within ths scope of his offc-
ls Governor, and tha. he was clearly en-
tiled to compensation for his services.
In conclusion will cite one more precedent
.hicb think will by implication, be con-
,'usive of the whols question at issue.
Article 6, section OF the constitution
esds:
"The justices OF the Supreme Judicial Court,
hal q Atl ttNv,
\ hich shall not be diminished during their con
iuu ance In office. but they saall receive other
ee or reva' d." 6ectton reads; The Justices
v the Supreme Judcial Court shall hold no office
lnder the Uoited States nor any state. nor any
ther oiice under this state, except that of justice
# the peace
1t will not be questioned that these two
'ections as closely conflne justice Of the
Supreme Court within the iioes of his eff :e
Is the sections before cited confine The
Governor within the lines of his
Still under these restrictions Chief
jus'ice Appleton on the 29th of
December, 1876, received from the State
$3.50 under a resolve approved February
n, 1875. appointing him to arrange the
~ amended, under appropriate
tles, etc. 1t il worthy of notice in this
,onus ction that the chief justice suggested
he propriety Of payment Tor his services.
10 8 letter to the secretary Of state, dated
Sept. 1876, he says:
whatever the honorable council shall deem
uitable and sufiicient compensation will be en-
rely satisfactory TO me.
think this case furnishes strong and,
n the absence of direct autboyity to the
conclusive precedent in establish
ng the constitutional right Of the Governor
% perform any service in an employment
= hich does not fall within his fiji ,ial duties,
md receive compensation therefor.
Respectfully submitted,
A. NJ. SPEAR.
PRINTED BILLS ON FIRST READING.
An act 20 provide for the collection, ar
and display OF the products Of
the State Of Maine at the Worlds Column
oian Exposition Of 1898, and TO make an
appropriation therefor, read once, aod. on
motion BY Mr.. Ryder Of Penobscos, laid on
the table.
Resolve for an appropriation for the
Fx.irpsEion Of contagious diseases among
cattle. Read once, tomorrow assigned.
Resolve in favor Of cities and towns 10
which WAS owned on the first day of April,
1887, capital stock Of the Belfast & Moose
head Lake Railroad. Read once, tomorrow
assigned.
On motion by Mr. Ryder of Psnobscot,
Senate Doc. 234, resolve relating to iesis-
lstive spportionment, was taken from the
table, ana on motion By the same senator
passed to be engrossed.
PASSED TO BE Els CROSSED.
An act to amend sections |, 2 and 8 Of
chapter 2s6 of the Public Laws Of 1889,
relating to foreign corporations.
An act TO amend chapter s Of the Re-