Mr. KING submitted the following amend-
ment:
Line fourth, after the word "annum, "in-
sert the words "the legislature shall pass no
laws whereby he shall receive any perquisites
or be allowed an assistant."
Mr. KING said: The gentleman from Bal-
timore city (Mr. Daniel) said yesterday that
he was satisfied that the librarian received no
perquisites whatever, because he had it from
the authority of the gentleman himself. Now
I wish to explain to what I referred. In the
laws of 1864, chapter 377, pages 543 and 544,
will be found the following appropriations :
For the expense of distributing
bound copies of Maryland reports
to the clerks and registers of
wills of this State.................. $50 00
For the expense of distributing cop-
ies of Mayer's Digest, subscribed
for by resolution of this general
assembly ................................ 50 00
To the librarian for compensation,
in pursuance of resolution num-
ber 12, of 1833.......................75 00
For distributing bound copies of
the laws, journals, and public do-
cuments of the present session to
the clerks and registers of
wills of this State, and to the
governors of the several States.. 150 00
Making in all a compensation of... $325 00
Turning to the code I find the law defining
the duties of the librarian; and among his du-
ties I find the very things for which he has
here charged $325; making in all by the
new constitution $2,425. On page 377 of
the code I find the following:
"He shall have bound the laws, journals,
and documents of the general assembly, and
shall distribute and forward the same when
bound under the directions of the governor
to the persons entitled by law to receive the
same," that is to say, and the law proceeds
to enumerate the persons entitled to receive
them,
The PBESIDENT. The legislature made a
specific appropriation in 1864, as under pre-
ceding laws; and of course the comptroller
was bound to follow the laws.
Mr. MILLER. The gentleman from Balti-
more county (Mr. King) is certainly right in
saying that these sums were paid for per-
forming duties which the law imposes upon
the librarian as such.
Mr. FARROW. I understand from the libra-
rian that this appropriation was for the
freight and incidental expenses of the distri-
bution of those volumes
The PRESIDENT. The gentleman is mistaken
The gentleman from Baltimore county is
correct. The legislature appropriates so much
money for the distribution of digests, so much |
for the distribution of laws and documents,
and so much for stationery.
Mr. KING. And these are part of the duties
of the librarian for which he is not entitled
to any compensation other than his salary.
The PRESIDENT. Such has been the con-
struction put upon it by former comptrollers;
that when the legislature chooses to give it
by a specific appropriation, the comptroller
cannot refuse to pay it.
Mr. KING. Of course the comptroller must
pay it.
Mr. DANIEL. That does not at all alter
what I said yesterday. I said there were no
perquisites. If the legislature chooses to
make an appropriation for his services, that
is not a perquisite of the office. Their are
really no perquisites to the office. The fixing
of this salary at $1,500 was intended to be
in lieu of everything else. What the gentle-
man has said is an argument in favor of the
increase of the salary, because it shows that
not only the salary of $1,000 has been given
to the librarian by the constitution, but that
legislatures heretofore have thought that that
was not sufficient, and to supply this have
awarded him some $300 or $400 move, coming
up to about the amount we propose to give
him. We propose to give him $1,500, in lieu
of everything else; whereas, it now appears
that what the legislature has given him in
addition to his salary for his services, amounts
to very nearly that same sum. There are no
perquisites to the office. What the legisla-
ture chooses to give as an additional endow-
ment for particular services, certainly is not
a perquisite. We propose to give $1,500
which, certainly, in view of the services ren-
dered and the cost of living, is little enough.
Mr. MILLER. My friend from Baltimore
county is perfectly right in his construction
of the matter; and I think his amendment,
or something like it, ought to be adopted.
The old constitution gave the librarian a
salary of $1,000 per annum, and said "he
shall perform such duties as are now or may
hereafter be prescribed by law." As libra-
rian be was to perform these duties; and his
salary was fixed at $1,000 per annum. Yet
the legislature, from year to year—although
the law bad assigned it as a part of his duty
that these volumes shall be distributed, the
laws, journals and documents—although it
was his duty under the constitution to do
that as State librarian—has appropriated
sums amounting' in the last session to $325
for performing these things which, under the
constitution, it was his duty to perform as
librarian for the salary fixed in the constitu-
tion. By this section we increase his salary
from $1,000 to $1,500; making an addition
of $500. I think a provision prohibiting
the legislature from making appropriations
for extra compensation for duties which are
imposed upon him under existing laws, ought
to be adopted. |
