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

1
| Sec'y Of State.
Public acts approved March 50, 1891.
| An act to provide for 3 registration of Vital
| Statistics
| An act relating to the assessment of county
taxes In the several counties for the year 1891.
REMossTRANcEs PRESENTED AND Re.
| FERRED.
BY Mr.. Spear of Kenuebe,-Remon
STRANGE against report Of valuation commits
sion By citizens Of Sidney, presented. and
the same senator's motion placed on file to
accompany papers now under consideration.
By Mr.. Moore Of Comberand-Remon-
STRANGE from selectmen Of Deering against
passage of bill to incorporate the Stsndish
Water Company, presented, And on motion
by the same senator placed on ale with
House bill No. 1893.
| ORDER.
BY the senator from Oxford,
Ordered. The House concurring, that a
joint convention be held Tuesday, March
81, at p. NJ, for the purpose Of electing
three State assessors.
REPoRr OF COMMITTEE.
Mr.. Griudie, for the committee on East
ern Maine Insane Hospital, TO which WAS
referred petition of ID. G.. Perkins and
others praying that the Eastern Maine
Inssns Hospital be put under home pathic
control, report petitioners have leave to
withdraw.
REPORT ON THE STATE House COMMISSION.
The following is the full text Of the re-
port of the committee on public buildings
relative to the acceptance Of the report Of
the commission having in charge the con-
struction Of the State House extension:
| The committee on public bulldogs, to
which was referred the report Of the
commission upon the enlargement Of the
State House, have had the came under con.
siderstion and asked leave TO report as
follows:
| Frst-They referred the legal questions
involved in the report f the commission to
| Senator Spear, as = sub committee whose
| opinion has been adopted as the report of
| he committee, and Is submitted herewith.
Second-They recommend that the said
report be accepted and placed on file ia the
| office of the Secretary of State.
ADAMS, for the committee.
| TO the Chairman of the Committee on Pub.
lie Buildings:
In accordance with the instruction of
YOUR commi,tte TO me to inquire into the
| leg ality Of the expenditures of the commits
| sion created by The laws of 1859, to super
| wise the enlargement of the State House,
| have performed that duty and herewith
| submit my report.
The report OF the commission 10 the
Legislature would, upon its face, indicate
an overdrsft of the appropriation for the
enlargement Of the Slate House, but, upon
investigation, fad, nsa matter of fact,
| the commission did not overdraw
the appropriation, aud that the sp-
| parent over-1raft results from the
expenditure from the contingent fund,
and the appropriation for furniture and
repairs, said over-draft being expend-
ed principally for the boiler house
| aud furnishing the House of Rep
resentativss. This leaves but two questions
for consideration. First, did the commits
| sion have legal right under the clause in
| the resolve which says "snd for the reason
able expenses of the commission" to take
| salaries. Whether the expenses were
reasonable" ths. is. too high or too low, is
q question of fact, not Of law, which Am
NOT required to discuss. The question
then arises, is the phrase Reasonable
expenses" or 80 far as the law is involved,
the term "expensee" ss used in the resolve
limited merely to the money actually paid
out by the commission, or is it broad
enough to cover the salaries Of the com
| misstoners. | think it covers both. This
is undoubtedly the construction the two
able lawyers on the commission pus upon
the resolve, and probably without any
examination Of the authorities hut on the
generally accepted principle that neither
states nor individuals expect to receive the
benefit Of a valuable service without due
compensation therefor.
In The absence of any authority t) the
ontrsry, this proposition might properly be
left with the construction placed upon it by
| the lawyers on the commission on the
ground that In the absence Of such suthor
ity the opinion of the lawyers in the com
mission is as good as the opinion of equally
good lawyers off But there is both author
| ity and precedent for the action Of the
commission in taking salaries.
Volume 4. opinions of the attorneys gen.
| eral Of the United States. page 577, Nathan
| Clifford, attorney general. says: Under
an act of March 81, lS47, The warrant to
| which my attention has been drawn de-
clares ths, the sum of $4,000 is spprop,i-
sted TO defrsy the expenses of the commits
| sion row fitting ucdsr the treaty between
the United States ard the Cherokee In
diane, and the fact thst the money is plsced
at the discretion of the President, The
| fret act under which that commission -,
| Appropriated certain sum for compsnsa-
| ton 10 two commissioners and pay of sc ere.
| tsry ard for contingent expenses. The
word contingent is dropped in the act Of
| ls47. ard the language is that the sum
| of 5000 be, aud lhs same is hereby
Appropriated out of any money in
the treasury, not otherwise appropriated.
| plsced ut the discretion of toe President to
| defrsy the expenses of the commission nov
| sitting under the treaty etc. The words
are general, 10 ray the expenses Of the
com mission, and must he understood to in
ciude the salaries of the board, as we'll ss
| incidental expen,es. When Congress sp-
| propristes 8 sum % psy the salary of a.
officer and expenses, they must mean those
expenses which are nece ssariiy iocident ID
| the work to be done, and where q duty is
| placed upon m officer, the performance Of
which necessarily involves travel. clerk
hire. Office rent. etc broad provision fer
expenses will include the cost OF such
travel, clerk hire, Office rent etc." 90
Court Of Claims, 269 27T, Duawoody ;.
| Case.
| Salary and compensation for services are
expenses. During the entire ADMINISTRATIONS
of Washington, John Adams, Thomas
Jefferson and the frst term of Mad
icon, sometimes by specisl act and some
times in the general appropriation
sc:s. the provisions for the diplomatic corp.
consisted OF 50 much money "for the ex-
penses Of foreign intercourse" to be expeni-
ed in the discretion Of the President Un-
der these acts the President fxed the
salaries of oil cur foreign ministers, ,cousuIs
and envoys, ard these salaries we're paid
out OF the sums thus appropriated: Z A.
torneys General. Opinion le6. AMBASSADOR
and other public ministers OF the United
States, Vim. L. Marcy, secretary Of state
Caleb Gushing. attorney general In Byer.
vs.. United States, % Court Of Claims, la5
the court, Davis, judge, refers to tnii
opinion in defining the term expenses and
says:
During the whole of Jeaerson's term snf par
of the terms OF otter early presidents, Congret.
penses of intercourse with foregn nations, leav
ing 1t to the executive 10 fix the salaries Of III
several aPpoinsees-
In Dixon ". Bell, lst StsrkeJ. NJ P. c.
2eI. in case involving the services Of ,
physician in m allegation that the plaintif