bers of the general assembly. Nothing to
toy mind can be clearer than that is, in regard
to the law of this matter.
But suppose we take another view of this
matter. Suppose we say (and that is my
doctrine) that this body represents the sover-
eign power of the State—that it is bound by
no legislative act whatever. Then what is
the condition of things? If we are left to fix
our own compensation, is it too much to say
that one hundred dollars, in addition to the
five dollars a day should beallowed?—making
it, perhaps, not more than three dollars a day
in gold.
I contend, therefore, that in every view of
the case, both as a matter of law, and as a
matter of justice, this amendment should be
adopted. There is nothing in it that I can
see except a squeamishness of the conscience
of a few gentlemen here to prevent the adop-
tion of this amendment. If there are any
such, then let them refuse to take the money.
I shall not refuse to take it,
Mr. STOCKBRIDGE. When this matter was
before the convention last Friday —
Mr. LANSDALE. The gentlemen is out of
.order; he has already spoken twice,
Mr. ABBOTT, The gentleman (Mr. Stock-
bridge) was a member of the last legislature,
which passed this mileage resolution, as it is
called. I understood him the other day to
say that he received the hundred dollars.
Now I would like to ask him this question ;
suppose this constitution is not adopted by
the people, and he comes back here to the
next legislature; would he not receive this
hundred dollars again without another act of
the legislature?
Mr. STOCKBRIDGE. I will remark, in an-
swer to that question, that these personal ar-
guments which we have so much of in cases
like these", amount to nothing in my opinion.
They are very good to turn a laugh sometimes,
but really they are not arguments at all. In
answer, however, to the question whether
this resolution of the last general assembly
creates a mileage of eight or ten cents a mile,
or whatever rate it may be, and the one hun-
dred dollars in addition for the members of
all succeeding legislatures; I will say that
no proposition can be clearer to my mind
that the hundred dollars under that resolu-
tion cannot be allowed to the members of any
subsequent legislature, if the constitution we
are now framing be not adopted. I do not
believe it is a law of the State, in default of
our making a constitution which the people
accepts. Upon its face it does not pretend to
call it mileage. It does not say "the sum of
one hundred dollars additional mileage," or
" mileage in addition to that which has here-
tofore been allowed." As they say in their
report, it was an effort to equalize the com-
pensation of members with that of previous
legislatures,
Now there were two or three ways of doing |
that. One was to raise the per diem; but
the constitution stood in the way of that,
Then they could increase the mileage, giving
to each member in the State an additional
amount of "fees for travel by the mile." But
that would not do, for the simple reason that
all the increase would goto the members who
came from the greatest distance, and there
would be no increase of compensation to those
who lived near by. Therefore, it would not
do to call it "mileage." They accordingly
ordered that the round sum of one hundred
dollars be paid to each member. That is
what it reads. It does not say "one hundred
dollars more mileage than usual," because
they cannot deceive themselves into the idea
that they are receiving more mileage.
The thing is just here; if this be the law of
the State regulating the matter of mileage,
then there is no necessity for this convention
to do anything. Because if it be the law then
the committee on accounts of this convention
are bound by it; the comptroller is bound by
it; the law officers and tire disbursing officers of
the State are bound by it. If it be the law of the
State, then they will obey it, and there is no
necessity for us to do anything; they are
under a sworn obligation to obey the law.
And therefore if it be the law, I say it is un-
necessary for us to act in the matter. If it be
not the law, then the question arises whether
we will make it so. On that point, I will
say that I am not ready at this time to make
it the law. I think this proposition is unjust.
Just look at it. How will it apply to the
legislature? The legislature cannot increase
the compensation of any officer; the consti-
tution prohibits it. It says :
' 'No extra compensation shall be granted
or allowed by the general assembly to any
public officer, agent, servant, or contractor,
after the services shall have been rendered or
the contract entered into; nor shall the salary
or compensation of any public officer be in-
creased or diminished during his term of
office."
Now, will any gentleman, lawyer or not
lawyer, tell me that the general assembly
could say that the judges of the circuit courts
should receive an additional thousand dollars
as compensation for riding through their cir-
cuits?
Mr. JONES, of Somerset. The constitution
does not provide that they should have mile-
age.
Mr. STOCKBRIDGE. It does not say they
shall or shall not; it fixes their salaries. Can
you give them a thousand dollars additional
mileage ?
Mr. BELT. I believe it is provided in the
constitution in the case of the general assem-
bly, but not in the case of the judges, that
they shall be entitled to such per diem as the
constitution fixes, and such mileage as is al-
lowed by law.
Mr. STOCKBRIDGE. It is. |
