Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-02-23
State House Commission.
Portland Express.

The Express has taken occasion to criti-
else in minor particulars the work on the
addition to the State House, but i. has new
er questioned the ability and faithfuipe.s
Of the commission in charge Of it or the
general good work it has done for the State
On the whole, the work has been well done,
and the general result is credtable to all
concerned.
There can be no doubt but that for their
work so well AID faithfully performed
every member of the commission had q
great and equitable claim for reasonable
compensation. By the terms OF the resolve
under which the commission was appointed
1t was directed to do certain work. A duty
was imposed upon it the satisfactory dis
charge of which required time, thought and
rare business capacity. It is no. to be
presumed, in the absence of words to ,hs,
effect, that the Legislature contemplated
that the burden it hsa placed upon
ths commission ass to be carried
aratuitouely. If il did so intend, 1t failed
to express its intention, and no court called
upon to pass upon the matter could refuse
to award quantum meruit bad such been
unreasnnsbly Withheld. There has been
no suggestion anywhere that the amount,
charged in its expenses by the commits
sion ss compensation for the services
Of its members was excessive. II
may we'll be doubted il such work. :.
the source of such anxiety to those per.
forming II, requiring such capacity, ard so
we'll performed, WAS ever rendered to such
a client for 60 small sum. From the
outset Of the discussion over this matter
the question involved has been hardly a
practical one. II is admitted on all hands
that compensation was fairly due, and that
the amount charged WAS reasonable. The
technical issue raised vas, did the Govern
or and Council have authority to sndi. and
allow the charge. reasonable as 1t was, Tor
this compensation?
With the language Of the resolve upon
this point, so plain as to appear impossible
Of miscopetruction, it seems strange that
such 4 question should have arisen. BY
that resolve the expenditure Of specified
sum Of money was authorized among o.hsr
purposes "for the reasonable expenses Of
said commission. to be audited by the Gov
ernor and Council"
Let him who will contend that reasona.
BILE compensation 70 its individusl members
for good work well done 10 not among those
reasonable expensesn Of the commission
contemplated by the resoive. Such sophis.
tical hsir-split.in9 msy be ingenious and
interesting, but It is mt sound common
sense. nor is it sound Law.
There are precedents where similar phrase
oiogy has been held TO su.horize similar
charges. One Of the elearest Of these H.
found in the opition of a distinguished cit
izeD Of Portland, rendered more than 40
years ago, when, as attorney general Of the
United States, in decision which settled the
controversy in whica 10 Was given, he said
that the words in resolve appYopristioa
money Ito pay the e1psDses Of the COM
mssion." must be understood TO include the
salaries Of the board ~ well as the loci
dental expenses"
II Was at one time held ihst whsteyer
the Iishts OF the other members Of the
commission. the Governor could no. con
ssitutionAlly receive pay for bis service.
upon II. But this position Vas souod to be
uatenable. Membership Of the com
niseion vas rot an ''ofice" rY
"placs" within the meaning Of the ccn.
s.i,ution, but merely temporary
employment" involving 8 service not Goa.
nected With the executive office. II any
member Of this commission vas entitled to
compensation, and we have seen that such
was the ease, all we're; asd no good reason
has yet been given why one member should
have served aratuitously, while four were
changing pay.
We pfsdics that the Legislative committee
which has the whole sutject under consid
GRAFTON will ensirely jupify thislction oi
the commission, and Of the Governor snt
Coureil On tta pYe euisfs and that .he
charges of the common enemy hurried
sgsinss the Governor for political purposei
will drop harmless at his feet.