Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-01-28
SOLDIER PAY
Continued from Page One)

be In the service of the United States
during the existence of war or during
the existence of a state of war /"
From the wording of the Resolve it
appears that no fixed or definite sum
was to be paid the members of the
National Guard and Naval Reserves
and the Claimant, who it appears has
served seven hundred thirteen (713)
days now demands that the Governor
and Council not only fix the amount
to be paid at the definite sum of one
$4,000 dollar per day, but also pro-
vide funds with which to make the
payment. Under the Constitution
and Laws of the State, the Governor
and Council and Adjutant General
have no authority to comply with the
Claimants request.
The Resolve passed by the Legisla-
ture left the matter indefinite and did
not decide as to what amount should
be paid and did not provide funds from
which to meet payments. In view of
lis situation the Governor and Coun-
i can not now assume the functions
t State Legislature. If the Gov
e.nor and Council should attempt to
diaw money from the State Treasury,
neither the State Auditor nor the
Safe Treasurer could honor the
drafts, and if they were IGNORED all
of the officials concerned would be
personally responsible to the State
t9r the money of the State Treasury
paid out. No State official could un-
dertake to comply with the Claim
ants request.
The Adjutant General has made an
estimate of the amount that would be
required to pay each member of the
National Guard and Of the Naval
Reserves one dollar (s1.OO) per
day for each days service, provided
the Resolve had fixed that amount as
d definite sum to be paid them, and
Informs me that not less than three
n.ilion five hundred thousand (S3,-
5io,000) dollars would be needed for
this purpose. In declining to pay the
claim I do not consider it the func-
ton of the Governor and Council to
take any position as to the merits of
the case. Neither is it proper for
them to make any comment as to
what might or might not have been
the Legislatures intent in connection
with the passage of Chapters 276 and
217 Of the Laws of 1917; nor should
they refer to the debates that took
place In the Legislative Session. I
desire only to show the position that
Of necessity must be taken by the
present State Administration.
The Legislature of 1921 after dis
cussing this Resolve referred the
question to Legislative Committee
which gave it careful consideration.
Upon the recommendation of this
Committee the Legislature propound-
Of the Supreme judicial Court of the
State. as is provided for by the State
Constitution. The answers of the
Justices have been published. In dis
GUESSING the questions submitted to
them by the Legislature, the Justices
say in part: 1.-THE Resolve provides
for the payment of no definite sum.
The amount cannot exceed one dollar
per day, but it may be any sum less
than that"
In reference to the question as to
NHSSACf Wy tic otdtC
with Chapters 276 and 277 constitute
a compliance with Chapter 1O1. the
Justices say in part: TT is not SO
much a matter Of law as of morals
and good faith. This the Legislature
must ,termine after a careful con-
sideration of all the facts. having a
due regard to the rights of the volun-
teers on the one hand and of the peo-
pie of the State on the other. Possi-
bly, the amendment to the Resolve
leaving the precise amount undeter-
mined was made in anticipation Of
this very situation. In any event the
determination can now be made by
the Legislature in the light of all the
circumstances"
The Supreme Court OF Maine has
settled this question in so far as the
Governor and Council. Adiutant Gen.
eral. and other State officials are con-
cerned, and as Governor Z can do no
better than to quote the language of
the Justices of the Supreme Court
and say to the Claimant "the deter
niination can now be made by the
Legislature In the light of all the cir
cumstances."
PERCIvAL p. BAXTER
Governor of Maine.