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

nfI
charges not reexamnable IN any manner whatever hv
the officers of the Treasury Department adon,ed ,hs
opinion upon full deberaton many ago Some ear.
since the question brought before Judges Of s
Supreme Court OF the United States for their Consideration
upon the instance of some one of the judges Il then
fully considered by all of and il the unequiyo-
cal opinion OF the judges and my impression that
there was an entire unanimy of opnion) that the
uheate OF the Judge, upon the accounts Of the
sha was conclusive, and could not be rc-examined at
the Treasury Department but be passed course
have never at any time heard doubt expressed by
any Judge that this the true and only legitimate
sucuon OF the statute, and have objection it, be-
ing communicated TO the Treasury Department" Being
informed since The question submitted me- that
subsequent period referred 10 by Judge story and
since The appointment of Mr. Chief Taney the poia
was again brought to the attention Of the Judges OF the
Supreme Court The Chief Justice upon the sub
lec, ana enclosed Judge Story's letter.
The foiowing IS his reply 6.saU8 #s5,a. 4
@W " BALrMoRE, Nov. III, I549. Il
= sia have received your letter, together with The
copy of one from the late Mr. Justice Story Mr, Sbsy
dated November S, 1887, concerning the construction Of
The act OF 1872 (chaper So 4) and proceed
u the bench when the opinion referred 70 By
Judge Story was expressed by the Judges. You viii Oh
serve that he have been given before
the date OF his letter and did receive my appoints
ment unt;, March, 1886. - -.
But remember very well that Judge Story stated to The
court think at the term following the date Of his
letter. that there had been difficulty in the Offices at
washington IN the settlement of Mr. Slbeys accounts,
and that he had written TO Mr. Sbley letter giving his
opinion that under the Of Congress certificate OF the
Judge upon the of the marshal was conclusive
and that thus had been the opinion Of all of the Judges Of the
Supreme Court upon former OCCASION when the subecs
bad been brought before them And changes had
recently taken place in the bench, he inquired of W
mhtfe IRE coneHred in this opinion held different one.
certainly eoncurred find my impression laat ve was 10
dtr'enes Of opinion among that auhorixed Judge
Story 10 communicate opinion TO Mr. Sibley 4,
with great respect, am, sir, your obedent servant
Hon. REvERDY JOHNSON, $3.50
Attorney General United States, Washington"
, With every possible respect for the judgment Of MIR.
justice Woodbury., ! am | am upon this evidence
JUSTIFIED N saying tina, the weight of the Judicial authoy
Is IN conflict with hls opinion and maintains the PROPOSE
llon have endeavored 10 make good. $50 n eacs
My answer, then, your first inquiry s that onsruine
Inc act ga OF January lSlS either by itself with the
ad OF usage orc other authority the certificate Of the
presiding officer of the Senate conclusive evidence in
of charges for payments made by the Secretary
OF the Senate" r aE astGeF05 4 II
Second II the certificate of the presiding officer not
conclusive Is the Secretary of the Senate under the
on OF the act OF the 22d January l6l8 entitled credit
for the payments Of mileage dsalowed by the Comptroller
The question of law here involved s whether senators 10
the I'd session of the Threh Congress- which ermnaped
on the Sd of March, S9, entitled mileage for attend
ing the special session. which commenced the 5th and
on the 23d Of that month"; 15t si
This depends the construction Of the hereto
fore referred of the 22d of January l68-he only law
IN force relating to the question And propose CON-
sder hs It's first section by itself independent Of its pro-
ysons second, in connexIon with provisions and
third, upon the authority Of Legislative other
lions. - ..#s H.s'i :. + s.t HrM NE@a3 - llog
First for the purpose Of this inquiry it is unnecessary
look into the anteccdent laws These will be examined
under the third head Whether they different iden
cal with the ect of 1918 be of importance in
animation confined to that act. - #f.7 7. sas s. Z
What, then, regards the question, the meaning Of
the ls section of the act independent Of its provisions It's
PROVISION Ms far as material to the present purpose
thsi That al KvERY session Of Congress and xer
ING Of The Senate IN the Of Congress after the Sd OF
March, 1917, each shall be entited to receive eight
dollars for every day he has already attended or shall
tend the Senate and shall also be allowed eight dollars for
eruy twenty miles Of estimated distance by the usual
lsrlar of tLa
al the commencement and end Of every sch
meeting, and that all for travel already performed
be due and payable at the OF this act and
~ case member Of the Senate has been IL, shall be
detained by sickness his journey from such session
meeting, or after his arrival has been is shall be
nbe 10 attend the Senate he shall be entitled to the
daily allo,cnaee. 1e'f2Fs ati 8
First Ii is obvious that the same daily so.ea~es here
gwen 20 each senator for his attendance epy seon Of
Congress regular special is also given for is attendance
tpy meeting Of the Senate in the Of Congress- and
this wholly irrespective OF the termination Of the oonsrcs
sional session and the commencement of the special meet
ing. II sthe session and the attendance which give in
The casethe meeting and the attendance the other
Second No distinction il made b,icssn ~na,os either
with regard mileage daily allowance. The language
s that ut rsy session and erey m,sng shall
DC entitled To eight dollars per day and be
allowed eight dollars for every twenty miles OF estimated
distance, &c. #Hnasatlta
All are here clearly placed upon the same footing A
which dscrinns,es between them regard
either to pay mileage makes the right either depend
upon the time OF the commencement Of the session. the
meeting, upon anything occurring nntoeeden such
session meeting finds warrant in act can only
be sustained by Interpolation. Read the No. asd
such construction impossible Ii s but by invoking
what supposed to have been it's design but by assuming
the place of Congress and deciding for oneself what
pensaton should be allowed and under what
that We can find authority for such Interpolation.
Third. II ~ manifest that If actual travel r required
give the mileage al special meeting 1t IL equally required
at regular session. The allowance given hrst
ease IN the same terms the last II il eight dollars
: for every tweny miles OF estimated distance from his
place of residence to the OF Congress- the
ms M AM SpHn
The provision IL capable Of bot meaning II the title
10 mileage under II, the commencement of the msstng
the case OF special meeting the SENATOR aca-
ally and puposey travelling the estimated distance
tend the meeting, then title TO the like mileage in the
stance of regular session reats the condition.
Fourth The remark is equally Of the mileage
the end OF meeting and the end Of regular session
Actual travel IL necessary at ALL is necessary both
alike. uH
II seems impossible deny the truth OF these
and II they irus they conclusive
Of the question: fo .sf0as
The first Is conceded by the Comptroller. He sives to
each senator the daily allowance pay for his a,send
nt the special session OF the h OF March sves
each for his attendance o the regular session The
holding after the ID Of March, well as those who
for the hrst me attended the Senate special
on the Ah have been paid withou, objection properly
terms to all alike, And yet, has been seen the allow
anoe for mileage given and refused others by the
comptroller also given alike and in the comprs-
hensive terms, to ALL # .t7N
The provision that each senator psrfe~isr ess
receive eight dollars for his attendance st session
and at meeting Of the body the recess OF Con-
gressno at any particular session meeting and that
he shall be allowed eight dollars every twenty miles
Of estimated distance from his place OF residence 10 the sea
Of Congress the and end Of such