The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-27


before peidhe terms an 10 this latter mileage being in
this rspesi the same wth those Of the former And
YET full ncss at the end OF he guar is allowed by
The Comptroller all the senators al The session an ,l
mileage the end of The special each senator
that session to whom milesg- at It's commencement has
been allowed What the usage has been this particular
shall hereafter state 1t is sufficient my immediate pur-
pose 70 show thst except in the of senators hold
over from the regular only in this case in
gard 10 that ssssionie Comptroller has given mileage
the commencement of each the sessions without regard
to actual travel to from the of government The
necessary.
If that construction be sound it is applicable all mile
age at every session. general special and satisfactory evil
dence OF the fact must be given and govern the amount Of
the allowance See the effect of this upon The act The act
says each Eat the commencement and end of every
and meeting shall be allowed eight dollars for
twenty miles Of estimated dsne &c "from his place Of
residence the of Congress- The construction
no this il not the rule; the law does what
that Of itself is nothing acua travel IL required and
the act be read il the words actually uavelIed
followed the ESTIMATED distance" and formed part of
tho act. The this is obvious
First That, contrary to every rule of Interpretation, il
not only intepoates the unnecessarily be-
s language is plain, but it defeats the meaning of
Second. That it substitutes doubtful and rule
for much more fixed and certain Place of residence
and it, distance from the of Congress be much
easily and surely ascerained than the of actual
Third That If actual travel be required the distance
Of the travel should regulate the allowance and not the dis
lance Of the residences that the residence not g be used
and to be dsegarded by the government IN liking against
itself the minimum.
Fourth That assumes the only purpose of the allow
have been to defay the expense Of travel when
notorious in 1918 that such travel did and woad
require that Of allowance, and when the very
title Of the act dsproves it, The title il, San act allowing
compensation to the members Of the Senate" &c. The
entire allowance then provided pay and mileage allowed
'as compensatory for public merely defray
actual expenses The expenses which would
be subjected doubt entered the consideration Of
Congress in fixing the compensation bu, exclusively
Sacrifices of time and of private business equally
it, and all together controlled the 1t is therefore
unsound view of the which regards merely de-
signed 70 enable the senator to meet actual disbursements
Ii had the further of compromising individual
rfces of time and money made for the public good.
come next to examine the section with the proyisoes
Do these give il different meaning? The one and the
only one that could be relied upon for that purpose the
first 1t is in these words P,orded aiuays That
shall be aloweda exceeding the Of eight dol
lars day from the end of such session meeting
the time Of his taking his seat in another " that is put
it in different language, shat from the end of such session
meeting to the time of his taking seat in another
senator shall be allowed exceeding the rate of
eight dollars day"
Suppose th. proviso to follow directly that part of the
section which have given under the FIRST head and that
the two constituted the whole section what would be It's
eAect
The Comptroller says that applies and limits the
mileage allowance and the propriety of his
structon Would that be its operation, assuming the
entire section to be as just supposed think not.
First because the sum which Ia limited Is that which Is
to bo receiyad after the mileage well the pay due
and paid for the preceding session or meeting That
having been already earned and received clearly be
taken into the estimate Of the be drawn after
wards for afterwards rendered To do that would
be absurd. What has been before given given
Of prior services The country had had the benefit
OF that Of the SENATOR and had under the law paid
him for that the he received To charge this
in whole in part to his debit in settling with him for u-
would be not less unjust than against the plain
meaning Of the act And yet this done under the Comp
troer's construction.
The act declares every session or meeting certain
pay and mileage for attendance shall be received by each
senator But the Comptroller says whether this to be
paid depends what has been paid the prior
session for attending that session that if the allowed
him thereon added mileage for succeeding
meeting, will exceed the of eight dollars day. from
the end of the prior session 10 the time of the senator's
taking his the following such mileage either to be
altogether refused or reduced as to bring the whole
within the limit.
this them the effect Of the provso it contradcls the
enactng clause being Inconsistent with It's plain Ian
guaEe But what Is its meaning word or two will,
think make this apparent la the acts Of 1883 and 1876
the provso Immediately followed the following part
Senate shall be detained by sickness his journey
from any such session meeting or after his arrival shall
be unabe attend the Senate he shall be entitled TO the
daily allowance" The design of this clause
give the the compensation in the contingency
stated that he would receive If the journey made and
he had in fact attended the Senate, which, without the
clause, would be secured him. The anteceden parts
Of the sections each of these acts, the Of SlS
such compensation clear and unsmbguous IL
be allowed much per day "for every day he shall
attend the Senate md much for every twenty miles Of
the estimated distance by the usual road from his place of
Teaoence 10 the seat OF congress Inc succsedbR
vision hese him when sickness interviewed
deprive him Of them. 1t was TO this stipulation
that proviso in question the original directly
annexed Its design, therefore, by every recognised rule OF
interpretation qualify and guard against the general
language that stipulation. IL had applicability the
prior part Of the section. That stand by ITSELF and
unlimited.
IL there any derence in this respect between the
ferred and that Of 1882 that there is not
In the latter law between the clause TO sickness and the
Provso provision fixing the compensation Of the
a'o mport which, until them had been done by sep
ara,s Legislation Blu, this way changes the effect Of
the proviso That before operates upon the clause
TO eknen and not upon the nnteceden part of the
ton.
moments reflection will show how absured il would
be give the construction maintained by the Comp
troler The frat OF the last Congress terminated
tho 18th Of August and the commenced on the
4th Of the ensuing Decembcran interval OF hundred
and eleven days. which - per day $685. II the pro-
viso applies the mileage, he nsiss then
beginning OF the second session could have received
than that amount. The effect of this would have
BEEN will be by referring TO the estimated distances
residences from Washington, that five OF the
the beginning Of that session would have been en-
titled vsag and others, IN the place OF
fun mileage less the difference between 1888
and the joint of their mileage al the termination OF
the first and the OF the second And
yet manifest this was Representative for the pro-
equally sppes members of the House, senator,
neither the Speaker Vice President any officer
of the government Comptroller other dreamed OF
denying fall mileage in that every member and
Other illustrations of the the doctrine will
readily themselves when remembered that since
1889 sessions of Congress have been held
recently after the termination OF the Immcd aely preceding
sessions, and regular second sessions after the