Mr. Rounds of Portland presented the following order:

Ordered, that an invitation be extended by the House to the Hon. Timothy F. Callahan of Lewiston to appear before the House on Tuesday, February first, to give the House the benefit of his views on the State contingent fund, and upon any other items of a public nature.

Mr. HINCKLEY of So. Portland: Mr. Speaker, I move that it lie on the table.

Mr. ROUNDS of Portland: Mr. Speaker, if any of you gentlemen read the Lewiston Journal last night

Mr. HINCKLEY: I rise to a question of order.

The

gentleman

The SPEAKER: from So. Portland (Mr. Hinckley) will state his point of order.

Mr. HINCKLEY: A motion to table is tot debatable.

The SPEAKER: The point is well taken. Those in favor of having this crder tabled will indicate it by saying aye; contrary minded, no.

A viva voce being taken, the motion to table did not prevail.

Mr. ROUNDS of Portland: Mr. Speaker, if any of you gentlemen in this House read the Lewiston Journal or the Portland Evening Express of yesterday and saw what was stated by

Timothy F. Callahan of Lewiston, you would say that you would like to know first hand what he has in the way of figures against this Contingent Fund or any other fund that he knows of, so as to enlighten us as to the way in which we should go ahead and do the work for the rest of the session. I hold in my hand the Evening Express of yesterday, and with your permission I will read therefrom: "Extravagance is charge

intimated by former auditor; Callahan questions certain budget features. Lewiston, Jan. 26. (Special).-Hon. Timothy F. Callahan of Lewiston, former State auditor, came Cut today in a public statement questioning certain features of the budget system as it is adminis tered at Augusta. He said that State expenses had increased alarmingly. and taxation is high, and he feels that should a thorough examination be made of financial conditions. He openly questioned the use of the State's contingent fund, which was created a few years ago by the Legislature. Its purpose was admirable, but today the officials have practically ceased to question whether or not there is a State debt, and instead ask how much is there in the contingent fund. He wants to know if the budget has been used in the interests of real economy or of extravagance; whether the budget of 1919 was drawn with the full knowledge of receipts and expenses for the years 1919 and 1920; and if the Legislature did not know these facts.

Mr. Callahan alleges that the budget was used to draw over two mills unnecessary taxation out of every city. town and plantation in Maine for the year 1920.' He gives figures in some detail to show total expenditures, and certifies that of the $1,556,445.41 expended by order of the Governor and Council, $1,195,586.30 came from the contingent fund, and $360,859.11 came from any moneys in the treasury not otherwise appropriated.' He charges that never before in the history of the State has there been such a wholesale drawing of funds not otherwise appropriated. It is without precedent, in his opinion."

Now, gentlemen, we come here as representatives of the State of Maine, and if there is anything wrong, we would like to know it before we go too

far, and I for one would like to hear Mr. Callahan's views at first hand, so as to know how to vote the rest of this session. I think that his guidance as a former State auditor would be valuable to us. Therefore, I move the passage of this order.

A viva voce vote being taken, the order received a passage.

Reports of Committees

Mr. Hinckley from the Committee on Judiciary reported "Ought not to pass" on Bill "An Act relating to punishment for certain crimes."

Mr. Warren from the Committee on Public Utilities reported the same on Bill "An Act to empower the county of Aroostook to aid in the construction of a railroad through said county and acquire and hold bonds of the company biulding such railroad."

The reports were read and accepted and sent up for concurrence.

Passed to Be Engrossed

Senate 16. An act to amend Section 24 of Chapter 67 of the Revised Statutes, relating to certification of copies of wills by registers of probate to registers of deeds.

Orders of the Day

On motion by Mr. Buzzell of Belfast, it was voted to take from the table Bill "An Act to amend Section 69 of Chapter 8 of the Revised Statutes, increasing the compensation of Chief Forest Fire Warden and their deputies," and on further motion by the same gentleman it was referred in concurrence with the Senate to the committee as recommended.

On motion by Mr. Downing of Bangor, it was voted to take from the table resolve in favor of the Good Samaritan Home at Bangor; and on further motion by the same gentleman it was referred to the committee on appropriations and financial affairs.

On motion by Mr. Maher of Augusta, it was voted to take from the table resolve to create a State Insurance Fund; and on motion by Mr. Crabtree of Island Falls, it was voted that the further consideration of this bill be indefinitely postponed.

Finally Passed

The SPEAKER: The Chair presents at this time resolve providing for the maintenance of the Blaine House as the official residence of the Governor; and the gentleman from Belfast, Mr. Buzzell, moves that it have passage to be enacted. It being an emergency resolve, it requires the affirmative vote of twothirds of the entire membership of this body. The rules prescribe that the vote shall be taken and returned by the monitors. Those in favor of the passage of this resolve to be enacted will rise and stand until counted, and the monitors will return the count.

A division being had,

One hundred and eighteen voting in the affirmative and nine in the negative, the resolve was finally passed.

On motion by Mr. Murchie of Calais, a recess was taken.

AFTER RECESS

The SPEAKER: Is there any further business to come before the House?

Mr. BUZZELL of Belfast: Mr. Speaker, the State finances are something that should interest vitally every one of us, and at the beginning of a legislative session, we are apt to be misled by wild rumors. We are apt to act impulsively when in my opinion we should take more time. I do not like the idea of inviting a man from a certain section of the State to come over here and give us figures from his point of view. It seems to me that we can dig into those things ourselves. Still, for all that, he may be able to give us something that we have not got, but where would we stop? Some other colleague of mine might think of someone else who had some figures, and we could chase the end of the rainbow for a long time in that way. Now, after thinking the order over, just passed, regarding the invitation to the gentleman from Lewiston to come over here and give us some facts and figures, I move you, Mr. Speaker and gentlemen of the House, that we reconsider the vote whereby we extended the invitation.

The SPEAKER: The gentleman from Belfast (Mr. Buzzell) moves re-consideration of the vote whereby an invitation was extended to the Hon. Timothy F. Callagan of Lewiston to address

this House. is it the pleasure of the House

Mr. McILHERON of Lewiston: Mr. Speaker, I was very much in favor of the order inviting Mr. Callagan to give this Legislature information, as Mr. Rounds of Portland said, first hand, not through the press.

We are all aware that sometimes we see things in the press of the State that are misleading, and why any member of this Legislature should want to re-consider that order that has been passed,-there is no honest, true and sincere motive in his moving its re-consideration.

The SPEAKER: If the gentleman will read the rule, he will hereafter proceed in parliamentary fashion.

Mr. McILHERON: I am speaking on the re-consideration

The SPEAKER: Aspersions on the intent or charac er of any member of this House will never be entertained. Proceed within the rule.

Mr. McILHERON: I did not wish to cast any reflection personally.

The SPEAKER: This is the House of Representatives of Ma'ne.

the

Mr. MelLHERON: May I proceed? The SPEAKER: Certainly, gentleman from Lewiston has the floor within parliamentary rules.

Mr. McILHERON: I do not wish to speak in a detrimental way relative to the character of any member, but we came in here as representatives of the people of the State of Maine, and I, being a new member, and perhaps not familiar with the parliamentary rules that govern this body, want to apologize. I have read the rules over but my memory regarding them is not as retentive as it should be: but nevertheless I do nct wish to cast any reflection on any member of the body. We came in here as members, representing the people of the State of Maine, and we took our oath before God that we would perform our duty honestly and fairly for the people of the State of Maine and guard their interests. Now there has been some matters come out in the paper in regard to the finances, and we want this man, who is the author of it, to come here and give us information, and I think that that informatior is necessary. When I came in this door I left political

partics aside. I cannot honestly represent the people of the Sate of Maine without representing them as a whole and not with reference to any political party; and if there is any information that we can get that will lead to economy, I think we should have it, and not have it said on the outside that the Legislature is putting its hands in the pockets of the people. Let us keep our hands out of the pockets of the people and be honest and spend the money in an economical way. I do not believe in plundering the public of this State, and if there is any way that we can save money for the citizens of the S ate, as men true to the oath that we have taken when entering upon our duties in this Legislature, we should do it. I do not wish to off nd any member of the House or cast reproach upon his character and if I have done so, I wish to apologize to this House for doing it, but I want to see the people of this Legislature get all the information they can honestly and without prejudice. Let us be honest and above board in the transaction of the business of this Legislature.

The SPEAKER: Mr. Crabtree of Island Falls moves the previous question. Before a vote is taken, the Chair will crave the privilege of reading the order again. The oldest member of the House has. dea! to learn as business is transacted and it is quite doubtful whether even the oldcst mcmber in the House noticed the wording of the order. It would authorize the invited guest to address the House in session for it reads as follows: "Ordered that an invitation be extended by the House to the Hon. Timothy F. Callahan of Lewiston to appear before the House on Tuesday, February first to give the House the bencfit of his views on the State Contingent Fund and upon any other items of a public nature." The motion is that the vote taken this morning upon this order be re-considered. As many as are in favor will say aye; contrary minded, no.

A viva voce vote being doubted, a division of the House was had,

Ninety-one voting in the affirmative and 19 in the negative the vote

to re-consider the passage of the order prevailed.

On motion by Mr. Buzzell of Belfast, the order was then tabled.

On motion by Mr. Hammond Van Buren,

of

Adjourned until 10 o'clock tomorrow morning.

Statutes, requires that "whenever any appropriation or fund is expended all bills and accounts presented to the State Auditor and drawn on said expended appropriation shall not be approved by him, but shall be reported by him to the next session of the Legislature." The law establishing the State Contingent Fund authorizes warrants to be "drawn upon," charged to, and paid out of said fund, to pay outstanding bills, or accounts that were properly chargeable to the several appropriations previous to the first day of January of each

year.

In 1918 the Attorney General in an opinion to this office interpreting the two acts above said: "It was undoubtedly the intention of the Legislature, to limit the claims which could be paid out of this fund, to those which became properly chargeable to the several appropriations within a year previous to the year in which the bill is presented to the Governor and Council. Any other interpretation would involve such sweeping powers and so much authority over the money of the State, that we cannot believe that the legislature ever intended to relinquish so much authority to the Executive Department." Bills for 1920 are therefore referred to the Governor and Council for payment from the State Contingent Fund, while bills contracted prior to Jan. 1, 1920, are herewith referred to the Legislature.

The bill of Harry S. Coombs, of Lewiston is for plans for a nurses' home at the Augusta State Hospital. The request for an appropriation for a nurses' home at the Augusta State Hospital was made to the Legislature of 1919, but was unfavorably reported from committee. The Legislature, however, authorized a dormitory, or "a building to accommodate one hundred patients," as provided by Chapter 66, of the Resolves of 1919. The bill for plans for nurses' home was incurred without my knowledge and when presented was refused payment, there having been not only no appropriation for same, but a definite refusal by the Legislature to appropriate money for that purpose.