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

sary II the proyso embraced mileage Bot Congress was
of that opinion They thought that further qualnca
ton necessary and they made II by second provso
just following the FIRST expressly declaring hat sena-
shall receive more for gong to AID sta"ng ron s
meeting the Senate the dpy OF March last taaa
This al had not bern pasd" IL Is familiar rule OF ine'-
probation, bata proyiso or exception IN statute shows
that of the legislature, The subject provided for
or Excepted would Otherwise have been included within H.
The thing here provided against was TIA, The ac' was not
TO embrace mileage for gong 10 or ron me sPes
meeting of the Senate OF the Alb March, 1871 That was To
would have stood II the act had not passed NOW
the provso qualified The enaciog clause on to mileage
then this last qualification In the second proviso wholly
unnecessary. Its sole object, therefore, make a
further qualification not found IN the previous part OF The
act.
ing Of the Senate Of the 4th March, 1877 Why this
all such special meetings. intended TO be excepted
The law designed be- and is in terms perpetual one
and consequently facua travel contemplated as neces
say give the right mileage, and as IN the case OF sueL
meetings beginning the Atm of March, certain TO be had
holding and IN at
tendance end of the preceding regular sessonsueh
travel would be had If they were not to nave
mileage at these meetings. this second provso upon every
rule Of construction would have been confined TO the
meeting of March, 1877 but would have included all meet
ngs that character The fact then, of its being
subsequent meetings. It's existence demonstrates that IN
judgment of Congress- the first proviso did not embrace
mileage all any session meetng regular special
now, the third and last place, TO consider the
authority of legislative other constructions
1t is that until 1884, in the of the Hon. George
Evans mileage special meetings of the had
been paid, nor, far informed, ben claimed.
Butt that the claim in principle made
paid On the has been often asserted and al
lowed, and except IN single case, without question and
with the sanction Of all.
The of 1918 admitted TO be this particular den-
teal with the acts of 1889 and 1886 Since the first Of
these laws the present time, extra Of Congress
have been held which to all members full mileage was
allowed without objection from any quarter, although
many the mileage received the end of the pre-
vInu at n nNf
session, taken together, exceeded the limited daily allow
during the interval and yet this all Illegal and
violation u clear duty by members, senator's, and officers
if the Comptro!ers doctrine is correct The exception
have alluded is the passing of the act Of 9th July 1897
Il Statutes at Large, $3.50 This act is relied upon
legislative Interpretation of the proviso consid
ering and confirming the views Of the Comptroller
admit that this fact would be entitled much weight if II
stood unaffected BY subsequent construction but does
then special session of Congress- and gives " mileage at
such session. Now, is doubt true that the act
passed because doubted whether the provso the
of 1889 did not apply to mileage But it does mt sp
pear that such doubt existed afterwards On the
ary before stated all subsequent extra and regular
sessions of Congress, full mileage allowed without oh
lection all, although in the former, and in many of the
latter instances could have been allowed if the pro-
vso embraced mileage The practical construction there
FORE law by every proper department of the govern
except in the single referred against the
doctrine of the Comptroller But the doubt leading the
Of 1897 does not seem to have even previously pre-
vailed In 1895 special meeting of the Senate had
the call of Washington beginning the 9th and termina
ting the 26th June in that year. At this meeting every
but one and he resided the of
received and, far is known, without question: full
mileage and all of them except eight had been members
of and aeaded the preceding session ending the Sd March
1895, and had received full mileage the beginning and
termination of that sessonthe allowance too sanctioned
by certificate of the then Vice President John Adams
Again: What else is there, in the nature of authority
against the hold other than the inference be drawn
from the of 1897, and The omission claim the mileage
by such meetings of the Senae Nothing
The effect of such omission more than that by the
has eep
made ALL stated at sessions of Congress- when could
not have been done if the proviso included mileage.
| A word the subject of authority. The
question was expressly made Mr. Evanss case in 1874
Mr. Souhard the then President pro pos, and all know
accomplished jurist after careful examination and
suaon with the other distinguished lawyers Of the body
decided it as do In lS45-an instance mentioned by
the Comprehensive question again in the Of the
Hon. Dixon H. Lewis and was ruled in the same way by
the then presiding officer Mr. Mangum after having
time until following session consider it, and having
also consulted the eminent lawyers Of the Senate
also IN S45 again made and again decided in the same
way by Vice President Dallas after full delberaton, and
supported by luminous opinion, and at subsequent pc
Rod also decided by the Hon. David r. Atchison,
President pre- npore And, finally, every member of the
body but three, distinguished many of them the
bar well in the council chamber has received the
allowance, after, advised, examination Of the
question and under full conviction that it due under
The law. With all due Difference to any other authority,
think safe saying that, in the Judgment of enight
ened men, that which have enumerated should be held
elusive the question, as an original one, was doubt
fol.
answer your second inquiry, therefore, by saying that
my opinion the Secretary Of the Senate under the first
section of Of 22d January lsls entitled credit for
the payments of mileage dsallowed by the Comptroller,
whether the certificate Of presiding officer is conclusive
or not.
This opinion has been given in detail than is my
habit of the character of the questions submitted
and OF the unaffected socude have ielt, convinced
was after the fullest consideration that the conduct of the
correct vndcae them, TO the extent Of my
ability from the imputed charge, made for the first
time in the history Of the governms of receiving public
money to which they had no title
have the honor to be- respectfully, sir, your obeden
| servant, - -
REVERDY JOHNSON.
Hon WILLIAM M MEREDITH,
Secretary Of the Treasury.
Young Ladies' Institute,
Late Mrs ID. II. Burr's,) corner Of 9th and