Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-02-19
1[N0GRiPHIC, PROCEEDINGS
& ,c.ntinued from Page Eighty

NENOGkaPhIG, rhuGEcu'nuo
!. ',,.tcsntinusd from Page Eighty
!. had performed the duty as
siFn :. this point the Senate came IN
Joint convention was iofiiieu'
ana in CONVENTION
The President OF the eeha'e l." 'ne
cn an motion by Senator HoileS OF
so~lrSsred: That committee De APP
70 wait upon the Honorable
polnteo ~. brewster, Governor, and
Ralph lin, that the two branches OF
info,m ;aia ARE are in Convention as
tne M IN the hall Of the House OF
sempsartatiyes, and extend to him
Repls.station to attend the conven-
an md nresent such communica-
tioh am he may be pleased to make.
tlv M,,o chair thereupon appointed as
M sors of such committee, Sen
mem0Mo ,,ey of Somerset, Morrison
aWiS anklin. Miner Of Washington,
OF Representatives Martin Of Au-
a,,s Mears Of Morrill,, Thlsseil OF
sSorridgewock. Pullen of DanIorth'
S Ssster of Ellsworth Atwood OF Port
Aiand and Bishop Of Boothbay Harbor.
Consequently Senator Holley from
- rommittee reported that, the
'ns r,it,ee had performed the duty
co ..h which it was charged and re-
WIZ that the Governor will at
isna upon this Convention forth
with oon,.d
rhe Governor and suite then en-
.o,od the hall of the House OF Repre-
.ontatiyes amid the applause Of the
Convention. the members rising.
Tho Governor then communicated
win the Joint Convention by address
as follows: ~
TO The Members OF The Eighty
Second Legislature.
W AZ the opening of this session, in
t acrordance with custom and the con-
s,itution. the affairs of the State
were discussed in some detail with
the confident expectation that this
discussion would suffice. Circum-
Stances, however, beyond the
control of the present executive
have since come to light that seem to
require some immediate action on
,oi1r part. 1t is the unanimous
. opinion of the Constitutional ad-
visers tha1 you have furnished me
that this Etuation shoald be laid be-
fore you without delay.
,s The Executive Department has nc
authority to disburse funds except
n under provision of law. Bills have
been presented to us. or are in i'm
E mediate prospect during the present
fiscal year. amounting to- approx
mately $250,000 for which no funds
have been provided. The Attorney
General has ruled that the Governor
and Council may not legally pay
these bills without Legislative
authorization. There has been nc
appropriation by the Legislature to
cover these charges which have been
contracted in recent months by Of
fetal representatives Of the State.
II has been customary in recent
years to take care of the obligations
Of this character from the State
Contingent Fund but this fund has
now been exhausted and further
drafts against it are both futile and
illegal at this time.
The provisions of Section 81
Chapter 2. of the Revised Statutes
e amended by Section 2, Chapter
22e of the Public Laws of 1928 re-
hitting to this fund provide that:
Warrants may be drawn, charged
to and paid out Of said fund fol
certain purposes'-"and 20 much
q said fund as may be necessary fol-
said purposes is hereby appropriated
II Is clear and the Attorney Cen
erd has so ruled, that the Legis-
hture never contemplated disburse-
nsst by the Governor and Council
from nonresident fund. If such
authorization were given there
would be absolutely no limit to the
expenditures that a Governor and
Council might make.
Expenditure of Legislative appro.
priatiOnS may be curtailed and the
Contingent Fund thus increased and
actual income may exceed the esti-
mates and the Fund further grow
and thus very large financial power,
come to the Executive Department
urder a liberal construction, Of what
constitutes an Emergency" at any
given time. To depart from these
limits, however. and hold that a Gov
ernor and Council may anticipate
lapses or excess revenues for the
Contingent Fund at some future
time, and then draw against those
hopes and expectations. however
well founded they may be. would
embark our state on a financial sys-
tenn that must end in disaster for all
concerned.
The State Contingent Fund had Its
inception little over eight years
ago. In the first four years of its
existence it was steadily built uL
until on June goth, 1921, it amounted
to $l,5s1, 447 81. Since that time
during the past four years, it has
steadily declined until it vanished
during the first weeks OF the present
administration as result of OBJ
Aeations previously incurred.
There are today existing over
drafts or bills Immediately payable
81 sl46,550.7l. To offset these there
u an apparent balance in the Con-
ungent Fund of $130,095.01, or an
existing deficiency of $16,455.70 to
pay the outstanding bills against
the State. In addition it is esti-
mated by the State Auditors Office
: W the basis of expenditures during
me past seven months and existing
balances remaining in the appropria-
IONS to carry on the States activi-
ues to the end of the current fiscal
year. that s247.470.25 will be re-
auired outside appropriations auth
orlsed at this time.
II may be we'll and it is earnestly
tone hoped that on June 30th. there
VIII De. lapses in appropriations or ex-
crsses in current revenues beyond
Me estimates sufficient to provide