Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-09-20
COMMUNICATED.

There has never been any estate
ment put out by State Auditor Hatch"
as he states.
The press notices that / have seen are
Quotations from report made by the
Auditor on April 10th last to the Gov
ernor and Council when certain claims
were transmitted without approval.
The records of this office are open to
the public. Anyone can see or copy
|any document on file. The CORE
Ispondent requested to see and was
shown the report referred to. He
copied it and gave it to the newspapers.
Any comments upon the report or the
action of the Governor and Council are
not from me.
Mr.. Peaks principal argument seems
to be the old one that custom makes
the payments legal. That if paid once
or during 1908 they should always be
paid. We think otherwise. A careful
examination of the authorities, not
possible to be made sooner discloses
the true situation.
He has handled his subject very ad-
roitly and cannot be blamed for Offer
ing some excuses however ineffective
they may be. There is vast differ
ence between "holding up his expense
accounts for five months and holding
up his expense accounts of five
months"
In relation to his expense accounts
the facts are these: The appropriation
was exhausted near the end of No
vember 1905 and no more could be paid
until appropriated by the Legislature.
| at
lis, and his first bills We're dated Feb
IL and manifested to my Office on
March 90; the next bills were mani
Tested March 20; they We're laid aside
as during the closing days of the
Legislature it was not possible for the
Auditor to report upon them. On
| April 9th Mr. Peaks went before the
Governor and Council and complained
| that the Auditor held up his bills for
five months. I convinced the Governor
and Council from the manifests from
his Office that his representations were
false and that the bills had been held
in his own office. I convinced the Gov
ernOr and Council also that his repre-
sensations as to the alleged uncivil
treatment he had received from the
clerks in my Office was absolutely
| false. His bills were all reported to
the Governor and Council on April
10th, one week after he made his COM
plant to the Governor and Council
From that time on so far as I know
they were in possession of the Cover
nor and Council until paid in June
though he gives the impression they
were held by the Auditor all this time.
l tn oy1l, In he will of
"argue legal questions with him fhe
Auditory because he is evidently not a
lawyer The Auditor makes no
claim that he is a lawyer and never
| has claimed it. The characteristics of
| some lawyers are not altogether con-
| sistent with the duties of an auditor.
Mr.. Peaks is supposed to be lawyer
and for this reason presumably was
selected as Chairman of the Board of
| Railroad Commissioners. If 1 were
lawyer should feel somewhat
chagrined to have novice point out
to me where my law was wrong, es-
necially so if were "quasi-court" as
he claims. I would most respectfully
direct the attention of Mr.. Peaks to
| the fact that the two Acts of the
Legislature which he refers to, Chapter
1S1, Laws of 1897 and Chapter 254
Laws 1901, have both been repealed
and were not in effect either when he
says he had the interview with the
Auditor or when the Auditor reported
adversely to the Governor and Coun-
Gil. Does Mr. Peaks expect the Audi
| tor to stand for the bluff of a refer
ence to a repealed law as the author
| ity for the employment of a stenog-
rapher?
On the occasion of the Auditors call
at the office of the Board of Railroad
| Commissioners. in response to re-
quest from the Commissioners, Mr..
Peaks very promptly asserted that as
a matter of law the Auditor could not
audit the vouchers for expenditures
prior to the date of the Auditors ap-
pointment. Why did he see fit to as
sert this law? He was as promptly
informed that if those vouchers ever
came to the Auditor they would be
audited A list of bills paid was pre-
scented to the Auditor who was asked
what he would not approve. He very
promptly informed Commissioner
Peaks that he would never approve the
charges for the telephones in the
houses of the three Commissioners and
fthe two Clerks, nor would he approve
the charges for the newspapers sent to
the homes of the Commissioners or the
other newspapers for the office.
i At that interview, as he has in his
printed statement. MI Peaks pointed to
Chapter 1S1, Laws 1897 Ca repealed law
as authority for the employment OF
his .stenographer. Not being familiar
with the law he was quoting from
may have and think 1 did say that
seemed sufficient authority.
The Auditor was asked what he had
to say about the rule made by the
Commissioners to pay themselves three
dollars per day for expenses. Having
previously travelled upon passes this
applied to hotel and incidental ex-
penses. Mr.. Peaks was informed that
they had no right to make such rule
as under Chapter 40, Laws 1905, they
were only entitled their actual eX-
penditure. How much was wrong
fully charged through this practice for
several years prior am not prepared
Ito state.