except in accordance with an appropriation
made by law," The existing constitution is
in full force, and will so continue until a new
one is substituted, in proper manner, by the
vote of the voters of the State. Hence the
idea which some gentlemen seem to entertain
that this, being a sovereign convention, has
unlimited control of the treasury and every-
thing else in the State, is a very great mis-
take. The purpose and powers of this con-
vention are expressed in the act of assembly,
and said to be indorsed by the people, in
calling and constituting this convention.—
The general assembly made an appropriation
by law of a sum of money to defray the ex-
penses of the convention; otherwise not a
dollar could have been drawn from the treas-
ury. The expenditure of so much of the sum
thus appropriated, as may be necessary, was
intrusted to the discretion of this convention.
The compensation of the delegates was fixed
by the law at " five dollars per day and the
mileage allowed to the members of the general
assembly of this State," and in my judg-
ment, the convention have no authority to
alter or change that provision.
Then it is said, the president being a dele-
gate can receive no additional compensation,
especially and mainly because, as the gentle-
man from Baltimore city (Mr. Stockbridge)
alleges, the house of delegates expressly re-
fused to allow the president six dollars per
day. Now whatever votes the house of dele-
gates may have given upon separate proposi-
tions, the law passed by the general assembly
provides for paying "to the officers of the
convention, upon the order of the president,
such compensation as the convention shall
allow." There is no exception in the law.
If the president is an " officer of the conven-
tion " in the meaning of the law, can there
be any doubt that the convention may allow
him as such officer, the additional dollar per
day for his constant and faithful services as
its presiding officer? Whatever may have
been the intention and meaning of the house
of delegates, is there any pretence that the sen-
ate had any other intention than the language
of the law plainly implies? And who ever
beard of the proceedings of one or even both
houses of a legislature being brought into
court to enable a judge to decide on the mean-
ing of a law ?
And then as to the question of " mileage
allowed to the members of the general assem-
bly of this State," to which the delegates are
entitled under the law. It is known that pre-
vious to the last general assembly, the mile-
age of the members had been fixed, I believe,
by immemorial usage, with reference to the
distance of the counties from the seat of gov-
ernment. But the last assembly passed the
following resolution;
"Resolved by the general assembly of Mary-
land That the sum of one hundred dollars,
in addition to their usual mileage, be paid to
70 |
each of the senators and delegates of the gen-
eral assembly,"
Can any one doubt that the plain import
and meaning of that resolution is '• one hun-
dred dollars as additional mileage ?" It is
plain there was, in the contemplation of the
legislature, "usual mileage "to which the
members were entitled in "addition" to
that, they allowed one hundred dollars; yet
gentlemen argue, with many hard sayings
and insinuations against that assembly, that
they meant one hundred dollars additional
per diem. I can hardly think if the gentle-
man near me (Mr. Stockbridge) were sitting
as judge, (a position he may hereafter fill
with dignity and ability,) he could give the
resolution such aconstruction, even with the
aid of the report of the committee, which pre-
cedes the resolution, which like the pream-
ble to a law, may be considered as aiding in
its construction, but not as controlling or con-
tradicting the plain import of the language
used in the law. That report is in these
words:
" The committee on claims, to which was
referred the order of the house of the second
day of March, 1864, instructing them to re-
adjust the mileage of the members of the gen-
eral assembly, respectfully report:
' 'That the constitution of Maryland pro-
vides that the members of the general assem-
bly shall receive a per diem of four dollars;
and such mileage as may be allowed by law.
This constitutional provision seems to justify
the conclusion that while the per diem of
members is fixed and unchangeable, their
mileage is left to be adjusted according to the
varying circumstances which might arise.—
The committee, having in view the peculiar
and unprecedented condition of the currency
of the country at this time, and the greatly
enhanced cost of travel and living in conse-
quence thereof, have deemed it just and right
to provide as near as may be for equalizing
the compensation of members with that of
previous legislatures; and therefore recom-
mend the adoption of the following joint res-
olution," etc.
The committee were instructed " to readjust
the mileage." They notice that while the
constitution fixes the per diem at four dollars,
which cannot be increased, the mileage is left
to be adjusted by the general assembly " ac-
cording to the varying circumstances which
might arise," and the committee mention the
" condition of the country at this time, and
the greatly enhanced cost of travel and living,"
as reasons " for equalizing the compensation
of members with that of previous legislatures,"
which they propose to do by paying the mem-
bers of the general assembly '* one hundred
dollars in addition to their usual mileage."
Considering the question as one of statu-
tory construction, it does seem to me impos-
sible to say they meant the hundred dollars
as additional per diem, in the face of their |
