Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1898-11-24
The REPORT.


mittee for any explanation he might be
able to make.
Your committee arc not able to find any
statute authorizing the payment of the
travelling expenses, hotel bills, clerk hire,
services of the officer himself during his
official term, gas. assessments of national
convention of insurance commissioners, or
the expenses of the executive and his staff
and invited guests within or without the
State, herein above mentioned in the ac-
counts of any state officer or States at
torney, unless it Is conferred by the fol-
lowing sections of the Vtrmont statutes
which define the duties of the auditor.
Section 3C6. "IIe shall examine and adj
just all claims against the State, not 9TH
erwlse specially provided for by law, in
favor of persons acting under the author
ity of the State. or the executive. includ-
ing military accounts referred to him by
the governor and allow such sums as he
finds justly due, and draw orders on the
State treasurer therefor"
Section 327. "Ilc shall allow no claim
not based on law nor draw an order ex-
ccpt in pursuance OF law; and no other Of
ficer shall draw orders on the State treas
urer."
1t will be noticed in the sections of tho
statute above quoted, which provide SAL
aries for various officers that in some
cases the necessary expenses are to be
paid by the State; in other and most cases
nothing Is said about expenses of the in
cumbent of the office.
Your committee see no reason for this
distinction unless the statute excludes the
payment of expenses when not specifically
provided for.
Notwithstanding the provision Of the
constitution, chapter .. section II: that
mo money shall be drawn out of the
treasury unless first appropriated by act
Of legislation" and the fact that no appro-
priation has been made by act of lcgls-
I lation" for this class of expenditures, u
custom has grown up in this State under
which various state officers have eXpend-
ed money for different purposes which
each officer deemed for tho benoflt of tho
State, and charged the same with his per-
sonal expenses to the State, and drawn
out of tho State treasury tho money to
pay the same.
The executive under this custom, has
expended considerable sums OF the State $
money for various social functions, such
as are herein above mentioned, including
the expenses of himself. his STAFF and in
Vited guests and on some occasions, a part
of the National Guard
Sometimes this expenditure has been
included In an account made out by the
governor against the State; sometimes II
has been included in an account made out
in the name of the quartcrmaster gem
eral against the State, and sometimes in
an account in the name of the adjutant
and inspector general against the State,
and sometimes 1t has been carried into
and intermngled with the accounts of the
Eiilitia. In which ever form these ac-
counts have been made up, they have been
approved by the governor and presented
to the auditor. When so presented to the
auditor, the auditor has assumed that the
governors approval was sufficient war
rant for the payment of the account. and
has drawn his order on the treasury for
the same, without question.
EX-Govs. Dillingham;, Page and Grout
appeared before the committee and each
stated that this custom was their author
ity for such expenditures.
This custom OF mourning and method of
payin" such expenses originated long be-
fore October. 1855 Your committee have
had no timo to investigate these matters
infinitely, prior to October. 1883: we are
satisfied, however. that when this prac-
tcc first commenced, and down to quite a
recent period the accounts so expended
were small but have been increasing from
time TO time until they have reached the
amounts mentioned in this report. vary
ing with the habits, tastes and Judgment
of the persons occupying the position Of
governor.
The State auditors since October, 1884,
have allowed all the accounts referred to
In this report and drawn their orders on
the treasury for the same. Mr.. Powell
and Mr.. Halo refer your committee to Sec
ton 30S quoted above, as their authority
for so doing.
If the construction which Mr. Powell
and Mr.. Hale have given to section SOC Is
correct, your committee SEQ little effect
left in section 327. quoted above, and there
is no limit to tho expenses of the eXecu-
tive. or any other State officer or to the
purpose for which they may use the State
money, except the Judgment or discretion
of the State auditor. and the only need,
In this respect. OF a Legislature, would
seem to be, to vote n tax that should put
into the treasury sufficient money to meet
the auditors drafts.
Section jl30, V. S. provides, "The fiscal
year shall commence on thelst day ofJuly
and end on the 3Oth day of June" The
acts making provision for the support of
the government from 1883 to 1880 nclu-
siVc, have appropriated money for the
then current fiscal year, and the next
succeeding fiscal year so that the time
covered by the appropriation expired the
SOth day OF June. preceding the session of
the Legislature The form of appropria-
tion is practically the same in all these
acts.
Section . of No 10 of the acts of 1896:
THE sum of $4,000 ia hereby appropriate
ed for the fiscal year of 1896 and 1897. and
the sum of $4,000 for the fiscal year. 1897
and 1895 for the purpose of paying such
Items against the State as may be allow
ed by the State auditor"
Sections and Of the acts have the
same time limitation. II your committee
understand the force of these appropria-
tion bills correctly. tho authority con-
ferred thereby to eXpend the money Of tho
state for the support of State institutions
ana the government, expired on the Both
day OF June, 1885, and the State auditor
had no authority to draw an order on the
treasury Cor the support of State institu-
tons or the government, between June 80,
1888, and the passage of the deficiency bill
by the present Legislature, and all mon
eys drawn from the treasury within that
period have been drawn in violation of
section II, chapter of the constitution.
Your committee in the limited time at
their disposal have not bean able to as
certain and report the particular Items SO
drawn from the treasury
If this Legislature desires to prevent
further violation OF said section OF the
constitution in this respect. 1t seems to
ba necessary to make an appropriation
bill that may be passed during the pres
ent session, in such form and OF such
amount as will cover the fun period nom
June 80, 1895, to II period that win Re later
than the passage Of an appropriation bill
by the Legislature of 1900.
II 1t is thought desirable to increase the
compensation of all or any State officers
not now given their expenses by statute,
1t would be better to pass an act express
ly granting such additions to his or their