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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1842   View pdf image (33K)
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1842
age of members; they did not assume to do it.
But they wanted to appropriate a certain
amount. They could not appropriate a hun-
dred dollars under the bead of per diem, be-
cause the constitution fixed how much per
diem they were to receive. They could not
appropriate a hundred dollars under the head
of mileage, because travelling such unequal
distances, it would have led to so great con-
fusion that it would have amounted to an
impossibility to arrange it.
What then did they do? They say they
make an effort to equalize the compensation
of members with that of previous legislatures,
They do not propose to affect in the slightest
the amount allowed for travel by the mile;
but they propose to equalize the compensa-
tion of members with that of previous legisla-
tures. And how do they propose to do that?
" Resolved by the general assembly of Ma-
ryland, That the sum of one hundred dol-
lars, in addition to their usual mileage, be
paid to each of the senators and delegates of
the general assembly."
Paid as what? As additional compensa-
tion? As additional mileage? As arbitrary
mileage? They do not say any such thing as
that. Why do they not. say—"paid as an
addition to their per diem?" Because it
might have seemed to some of them that that
would look too much like running in the face
of the constitution. Nor do they say, "al-
lowed as additional mileage," They do not
bring it under either bead. But they say "in
addition to their usual mileage." It is not
mileage; not a rate of compensation for travel
by the mile, which is the definition of mile-
age. It is an arbitrary matter, as gentlemen
will see at once upon reflection,
Is this hundred dollars mileage? Suppose,
for example, that there is a case of contested
election before the house of delegates, and
witnesses are brought here to testify. So
far as I know, witnesses are allowed mileage
the same as members of the general assembly,
That is to say, the same compensation for
travel rated by the mile. if this hundred
dollars bonus is mileage, then witnesses, on
the same principle, would be allowed this
hundred dollars as well as members of the
general assembly. But the hundred dollars
was not allowed to the witnesses before the
last general assembly, and their name was
legion.
But this hundred dollars was a bonus grant-
ed to members, and by nearly the same vote
to all the officers of that general assembly,
whether they resided in Annapolis, Balti.
more city, Allegany county, or upon the
eastern shore, this hundred dollars was allowed
to each one as a bonus, not as mileage. It is
upon that point that this whole thing may
turn. For if that hundred dollars be not
mileage, then it is not allowed to the members
of this convention, under this convention
bill, which allows only two things, per diem
and mileage. If it be mileage, then I will
thank any gentleman on the floor of this con-
vention to tell me what is the rate of "fees
for travel by the mile" fixed bylaw for
members of the general assembly and of this
convention. Is there any rate that can be
specified? It is possible to find out these
things somehow. And what is the rate per
mile, if this hundred dollars bonus is mileage

Heretofore mileage has always been adjusted
by a fixed rule. The rate per mile is ten
times as much for one hundred miles as it is
for ten •miles, and cannot be anything else.
if it is mileage it must be that. And a mem-
ber of this convention, or a member of the
general assembly who lives in Allegany
county is entitled to very different mileage
from that allowed to the man who lives in
Anne Arundel county or Baltimore city.
1 say, then, that this is not mileage. And if
the convention chooses to vote to themselves
such compensation as that, let them vote it
straight out, just what the thing is. Let us
not try to deceive ourselves or others by call-
ing that mileage, which is not mileage; let
us call it what it really is. I am not here to
argue the question of the justice or injustice,
propriety or impropriety of the matter. But
let us call things by their right names. If it
is mileage, let us know how much we are to
have par mile. If it is not mileage, then let
us call it a bonus, or anything else that men
may choose to call it. But I insist it is not
mileage, as contemplated by this act. How
can it be? All money paid out of the treas-
ury of the State must be under appropriations
by law. The general assembly in calling
this convention made their appropriation,
and told at what rate it should be allowed.
But I will not trespass further upon the con-
vention.
Mr. DANIEL. I have a remark or two to
make in addition to what my colleague (Mr.
Stockbridge) has said. In the first place, it
was not carrying out the principle embraced
in the order of the general assembly to their
committee on accounts, which was to readjust
the mileage. It ought to have been upon
some principle, and if upon any principle,
then surely the gentleman living in Anne
Arundel county, or in Annapolis, or in the
city of Baltimore, is not entitled to the same
mileage as the gentleman from Allegany
county. And yet under the pretence of mile-
age every member, those living in Annapolis
and Baltimore city as well as those in Alle-
gany and Worcester, received the same amount
of additional compensation; each received
the hundred dollars,
Now if the mileage is to be readjusted, let
it be adjusted according to principle. And if
yon do that, then the members from Worces-
ter and Allegany ought to receive more than
the members from Anne Arundel county or
Baltimore city, according to the difference in


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 1842   View pdf image (33K)
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