Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-09-23
GOVERNOR MAKES
REPLY TO TRACY IN
LEWISTON PAPER

nal.-
Will you allow me to reply through
your paper to the open letter Of Mr..
y. B. Thacy in your issue Of Monday,
Sept. 20.
Mr.. n. B. Tracy.
| Auburn. Maine.
I Your open letter of Sept 18th.
as published in the Lewiston Evening
Journal has come to my notice, and
while it is not my intention to an
swer letters Of this nature to any ex-
tent. perhaps it will be we'll to state
a few facts which may enlighten you
further on the subject.
| You seem to intimate that there are
many different ways of enforcing the
Prohibitory Law by the Governor, blu.
if you will read the Constitution OF
Maine you will note that it does NOT
say that the Governor shall enforce
the law, but it does say in Section L.
Article ). part list, He shall take
care that the laws be faithfully exc
cuted."
/ There is considerable doubt as to
what this really means. and as yet
have been unable to find anyone who
could give me any satisfactory expla-
nation of this clause
! You will notice that the Constitu-
ton states that the Governor shall
take care to see that the laws are exc
cuted. this does not say that he shall
enforce the law, for the people have
provided Sheriffs and other officials to
do the enforcement.
: The Governor may take care to sec
that the laws are executed. but it
seems to me in the last 40 years in
this State, that all the care that the
Governors have taken has come to
naught. and simply for the reason that
there is no authority for them to act
providing they have exercised due care
in seeing.
Surprising the Governor orders the
officials TO enforce the law and they
do not do so, what can he do about it,
except to call the legislature together
and even then the legislature might
be so divided politically. that the
Governor might not be upheld. and
then if the Legislature should address
the Governor for removal. he could not
do this without the consent of the
Council
Your letter also states that the laws
should be enforced at any cost, and of
course in this case you refer parti-
cularly to the Prohibitory Law. If
YOU will again read the Constitution,
Article 5, Part 4. wherein it says mo
money shall be drawn from the Treas
ury, but by, warrant from the Cover
nor and Council, and in consequence Of
appropriations made by law it
might be we'll TO advise you that no
appropriation was made for the en-
fcrcement Of the .Prohibitory Law by
the last Legislature, consequently no
money can be expended for that pur-
rose, without disobeying the mandates
OF the Constitution. y.
You also refer to the fact that the
Militia can be called out. Allow me to
say that no appropria ton was made
for the Militia beyond what will prob
ably be required for each year under
ordinary circumstances, consequently
it cannot be used for this purpose UNI
Ger the provisions of the Constitution.
Now for your information. will
say that the appropriation for the
Militia is $4,000 for the year. and if
we should use the whole Of this appro-
priation and get out only one reei-
rent for the enforcement Of the Fro
hibitory Law. we could only last about
II days, as it costs about s2.716.65 per
day, outside of the fixed charges,
which ordinarily take a large amount
of the appropriation.
You will see by this that if the
Militia was called out for one year
to enforce the Prohibitory Law it
would cost one million dollars outside
of the fixed charges.
These figures would be probably nearer
a million and half if all charges would
be considered.
Will you look at Chap. ., Sec. o.
wherein the law says that no agent or
officer of the State or any department
thereof whose duty is to expend money
under an appropriation by the legisla-
ture, and who exceeds in his expenditure
said appropriation. shall have any claim
for reimbursement. Any agent or Off.
, Ger who shall violate the provisions OF
this section shall upon conviction be
/ fined sum equal to such excess of APP
preparation by him expended. and i'm
prisoned in the discretion of the court. g
Now Mr. Tracy you will notice that
the law intimates that If any excess is
made of any appropriation. it shall be
paid by the party authorizing it, and
! they shall have no claim for reimburse.
F.. ment, and whoever shall violate the pro-
vision will have TO pay the full amount
from his own pocket, as we'll as beng
imprisoned at the discretion of the
court
I! Do you think 1t my duty to go to all
OF the expense of enforcing this law at
any cost and pay it out of my own
pocket as well as taking chances Of I'M
prisonment.
Frankly it is not my intention to take
the chance of going to Jail. nor do I In
tend to pay State bills like these, out OF
my own pocket.
/ wish to thank you for the opportuni-
ty you have given me of getting few OF
these facts to the public notice, for
think the situation is little understood
Those who do understand it will not
criticize the Governor. unless swayed by
political or selfish motives
You may say that it is advisable to
call the legislature together to make all