is one thing I think clearly determined; and
that is that in the phraseology of the law the
legislature intended only to appropriate for
the actual expense, and did not intend to ap-
propriate anything to the librarian as com-
pensation for his services. If there is any
balance, it is the duty of the librarian to
make a return of that when he presents the
vouchers, and that balance must go into the
treasury. '
The PRESIDENT. It is the duty of the trea-
surer to honor the draft of any officer of a
department for the sum specified in the law
and appropriated, without any diminution
whatever. It is presumed that every officer
discharges his duty faithfully. When the li-
brarian draws for $150 for a specific purpose,
it is to be presumed that it actually amounts
to that sum. There has never been filed, to
my- knowledge, in the treasury department,
any statement whatever by any librarian of
the actual expense of transmitting those laws
and journals. It is presumed that the legis-
lature have acted upon that information from
year to year as to the amount necessary, and
appropriated that sum. With regard to other
sums which can be arrived at as the per
diem of the members of the legislature, that
does not require the payment of the specific
amount.
Mr. VALLIANT. I do not rise for the pur-
pose of prolonging the discussion, but for the
purpose of respectfully suggesting that the
discussion has already cost as much as the
difference between $1,000 and $1,500.
Mr. KING demanded the yeas and nays, and
they were ordered.
The question being taken upon Mr. KINGS
amendment, as modified by him, to insert
after the word "annum, "the words: "The
legislature shall pass no laws whereby he shall
receive any additional compensation,"—the
result was—yeas 44, nays 29—as follows :
Yeas—Messrs. Goldshorough, President;
Annan, Audoun, Baker, Barren, Bond
Brown, Carter, Clarke, Cunningham, Davis
of Washington, Duvall, Ecker, Gale, Gallo-
way, Hatch, Hoffman, Hopkins, Hopper
Jones, of Cecil, Jones, of Somerset, Keefer
King, Lansdale, Larsh, Lee, Markey, McCo-
mas, Morgan, Negley, Nyman,Parker, Par
ran, Peter, Ridgely, Robinette, Russell
Smith, of Carroll, Swope, Sykes, Turner
Wickard, Wilmer, Wooden—44.
Nays— Messrs. Abbott, Belt, Blackiston
Briscoe, Chambers, Cushing, Daniel, Dellin
ger, Earle, Farrow, Greene, Harwood, Hebb
Horsey, Johnson, Kennard, Marbury, Miller
Murray, Pugh, Purnell, Sands, Schley, Scott
Smith, of Worcester, Sneary, Stirling, Stock
bridge, Valliant—29.
As their names were called,
Mr. CHAMBERS said: I believe the law al-
ready amply provides for this, and I vote
"no."
Mr. DANIEL said: Because it is already |
provided, for in the constitution, although I
have no objection to it, I vote "no."
Mr. STIRLIING said: I think this amend-
ment is right in itself, but I shall have to
vote against it because regard it unneces-
sary. The constitution, by fixing the salary
prohibits the legislature from giving any
more. If we pass this it may be interpreted
to imply that the legislature may increase
the salaries of other officers of the State. It
is especially to avoid that interpretation that
I vote "no."
Mr. SANDS voted aye, and subsequently
said: The idea of the gentleman from Balti-
more city (Mr. Stirling) bad not occurred
to me. It is a good one, and I ask leave to
change my vote, and vote "no."
The amendment was accordingly agreed to.
Mr. VALLIANT submitted the following
amendment:
Strike out all from the word " qualified,"
in the third line, to "he," in the fourth line,
and insert " the salary of the present incum-
bent shall be fifteen hundred dollars per an-
num, to begin on the 1st of January, 1865,
and continue till the close of his present term
of office, but thereafter he nor his successor
shall not receive more than $1,000, unless
otherwise determined by the general assem-
bly."
Mr. DUVALL. gave notice of the following
amendment:
Amend section three by adding the follow-
ing words:
"And whenever the general assembly
shall appropriate any amount of money for
the expenses of any duties to be performed
by the librarian, such amount shall be only
paid by the comptroller and treasurer upon
the order of the governor of the State, who
shall transmit to the next succeeding general
assembly & report giving the details of such
expenses."
The amendment offered by Mr. VALLIANT
was rejected.
Mr. STIRLIING. I find that the amendment
adopted destroys my amendment, and I will
withdraw it.
Mr. SCOTT submitted the following amend-
ment:
Strike out all after " qualified,' ' and insert
"He shall perform suen duties and receive
such compensation a» are now or may be
hereafter prescribed by law; but such com
pensation will, never be more than $1,500
annually."
Mr. DANIEI. We have got that in twice
already, under the general provision and un-
der the special provision.
Mr. PUSH. The point of difference is this:
that by my colleague's amendment the salary
may be made by the legislature less than
$1,500, whereas as it now stands it must be
$1,500. That is a very material difference
The PRESIDENT. How does the gentleman
get rid of the difficulty that the house has |
