The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1845-03-14

Literary ana Internal Improvement Boards
have had tie suhjec, under consideration anl
7 directed mc to make the following
REPORT.
10 the discharge Of the duty assigned
your committee, they have examined three
questions, ell Of which seemed to arise OF
he Message referred 10 them lst. Is tn,
Governor entitled 10 compensation as Pre-
sldcn. Of the Llerury and internal Improve
uenl Boa ds And upon his question, the,
beg leave 10 submit the following views.
TIE second section Of Tie Revised Stat
u,es, (chaP. CT entitled san Act 70 sid the
Internal Improvements Of this State" d.
reefs that "lhe Board If Internal Improve
menis shall hereafter consist Of the GOV
ernor Of lie State for tho time heiug, y he
shall be ex ofcio President thereof, nnd 81
Two Commissioners 70 be appointed annual.
~ by the Governor, by aud w!,h the advice
OF the Council Of State, any hcO Of uhom
shall constitute Board for the transaction
of business" &c. The third section is in
these words: The said Board may hold
its sessions whenever and wherever the Go.
vernon may directs aud the said Commits
siouers shall receive for their services. the
sum of Three Dollars per day, and their
travelling expenses for the time they may
be employed in tie public service" Il is
very evident that by he second section, the
Governor IS a member " Of the Board, for
the Board is TO consist of the Governor
and two other persons 10 BIO appointed in
the manner directed by the sec,on-and,
besides, being a member Of The Board as
Governor he IS also by virtue Of his office
the President Of the Board. The two otter
pereoos are so styled Commissioners, but
they are styled, not in opposition 10 the Go
vernon, and as If he we're not Commission.
er, but they are Commissioners to be ap.
pointed annually and remoyeatle, While
the Governor, By virtue Of his office, is IN.
der the law, necessarily member and head
of the Board; a permanent member and
head designated by law. Bul the Board is
a Board Of Commissioners, charged With
the execution of public function, common
to each and all, and each and every mem.
Der is as truly Commissioner as The other.
10 accordance with hl, view is the third
section. X authorizes the i" Board" 10 be
called at such place d the Governor may di
rect, and therefore, contempla,es that tray.
cling expenses may be incurred, for which
II makes allowance TO tho Commissioners.
Now, is it not evident that the Board and
the Commissioners here indicate the
same persons, the former describing them as
such and acting as a body, ard The latter
referring 10 item as Individuals, travelling
to tho Place Of meeting and serving when
there.
If meeting be required in distant part
Of The State, as the Governor is a member
Of the Board, aud It's President, it is his du,
iy to attend, and 10 order to do so, he must
incur travelling expenses; the other mem.
bers Of the Board are allowed for similar ex I
penses and can il be supposed the oct did
not intend to allow for the Governors tray.
cling eypensesl Why should he moi be al
lowed 2 Is il on account Of his salary : That
is paid him for the support Of himself and
bis family IN Raleigh, which is made his re
sdence by law, and Us a compensation for
the performance OF hs proper duties as TX +
ecutive oftbe State. BIZ, this service is not
q discharge Of any ExecutYa duty, proper (
y belonging to hia ciIicc. It's a duty which .
only became binding by his voluntarily &c
cepling the trust offered by the law. And
it would De manifest injustice to require the
Governor 10 eypenj large par or shy part
Of bis OflicIa Salary, Ia travelling through
the State, upnn other han Executive duties I
mud thereby diminish the compensation Of
HE proper Office, and The means Of respect (
able living for his family. II, then, the word T
Ised were doubtful in liz application, il must 1
De held 10 include tie GUecr7or, because (
Ice law would be otherwise unjust, and the
Legislature - not to be supposed TO Intend T
ujusice. Indeed, as to the travelling eXpen. I
.es, there can be no objection oil must ad. I
nit that the sctua, expenses on the road are I
o be reimbursed. But such an admission
8 conclusive as TO the pay also; for under
he section none can claim expenses but those /
who can claim pay-Commlssioners; and
hey only are TO receive the per diem, aud The |
rayeling expenses. lC the Governor be not
| Commissioner, within The meaning of the
section, be cannot receive his expenses. But
{ he is a Commissioner entitled TO receive
hem, then he is also plainly entitled TO The I
lGv.
The Committee, anxious TO ascertain the
proper construction of this Act, have looked /
or analogies in tho former Acts OF the (
Legislature, creating the first Board Of
lnterual improvement m 1919, entitled
. An Act to create a fund for Internal In.
and establishing Board for
he management thereof" By the 81 sec
ion Of the said Act, the fund is vested IN
body corporate, to be Sly led =" the President
and Directors OF the Board for Internal I'm I
BY the Ali section il is en-. /
lcted that tho Governor Of the State =, !
he time beng, shall be ex o1icia President
u the BopId for snterra improvements
hat the DreGtors, c majority Of whom
.aaIl Constitute Board, for The transaction
d any business, shall consist Of six Com.
one to he chosen from each Of
he present judicial circuits OF This State