New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-03-21

X
mated distance, by the most usual road, from BIS
place of residence to the seat Of Congress the
same compensation, in both particulars wasgiven
70 the Representatives in the second section
the same words, and in each section was incor-
porsted the proviso copied above, adapted 70
each respective House.
The Second Session Of the Fourth Congress
commenced on the 5th Of December, 1876, and
ended on the Sd March, 1897. Special Session
of Congress was called on the 18th OF May, 1871
being the First Session OF the Fifth Congress,
and il continued in session 81 days, TO the
10th Of Tuly inclusive and then II adjourned on
the second Monday Of November following, De
ing the 3th.-RepT5nted House Journal Pp aHd
Is Of VOL 3.
To avoid the limitation of mile age in the proviso,
and TO enable each member to draw the full mile
ace at the Extra Session the Act OF 6th jay,
1871 was pessed, which provided that at tne pre-
sent extraordinary meeting, and Session OF Con,
eress the respective members oil the senate 6hG
of the House Of Representatives., snail De entltled
TO receive full allowance OF mileage, any law 70
the contrary Notwithstanding Sta L. Vol. l. 5J3.
This extraordinary session was held so remote
from the previous session, that the object oil Con
gress was to compensate for actual, and not Tor
constructive mileage, and the Act is legislative
construction of the restrictions In the provisos IN
the Act Of 10th March, 1896, and 1t they had not
been removed. part OF the members would nave
been cUrtaed IN the rate OF their actual IrA'S|
On he 10Th Of March, 1916, an Act was passed,
fixing the annual pay to Senators, Representa-
tives and Delegates from Territories at fifteen
hundred dollars en
This Act was repealed by an Act, on the 6th OF
February. 1917, TO take effect after the sd oil
March with provso that no Act should be re-
vived thereby so that the Act Of the 10th oil
March, 1896, continued in full force as to mileage,
until the I'D January, 1918. From and after the
Sd Mercb, 1917, to January %, 1878, there was no
law allowing any compensation TO senators nSP-
resentatives or Delegates from Territories, for
their daily attendance in Congress. The Second
Session Of the l4th Congress closed on the 80
March, 1917, and the members OF both Houses
were paid their salary and mileage compensation
to that day inclusve.-345
The Senate held special meeting on the 4th
March, 1917, which continued In session to the
9Th inclusive. Sen jour I'd Session. H.
As there was no law allowing per diem com
penfaton they did not receive any pay until al
ter the passage of the Act of January p, 1915
Congress AppendiT page l3.
And the Senators who attended the Special
Session were each paid twenty.four dollars, and
that sum forms part of the amount received by
each Senator, at the LIST Session OF the 10Th Con-
gress.
On the 22d January, 1878, an act was approved
"alowing compensation to the Members OF the
Senate and Members of the House of Represent
atives Of the United States, and to the delegates
of the Territories, and repeating all other laws on
that subject" Vol. g. 4O4
The lst section of that Act, among other things
provided .., ....,. -,oo,,r,
Of Ire Senate in the recess Of Congress- ater The ~ OF
March 1877 each Senator shall be eouied to receive 30
evev day he mas attended shall attend the Senate shall
also be allowed S. every twenty nj rs Of estimated as
ttnce by the mostusus road from his place residence 20
TIE al OF Congress- Al The CONNIE nctmen sh9 ehu oi
every such session aud meeting and that b sums OraVe
already performed to be due and payable at the commence
After providing for paying Senators detainsdb by
sickness and for paying the President OF the Sen
ate pro tempore, the LIST section concludes with
the following prOvisos:
Provided always that no Senator sheH De allowed
sum exceeding the rste Of eight dollars day from Tue en1
of one such session meeting 10 The time Os taxing MS
seat IN another Provided also that no Senator shal re-
ceive for going TO end returning from e meels o
the Senate the 4h Of March last than This act hsu no
No one can fail to observe that the above
il q transcript of the lat section OF the ACT
of seutember 22d, 1889, in all substantial fea-
lures, and only varies in fixing the compensa-
tion, and providing for the changes In the inter
vening legislation. The 9TH secsOn is az follows
That all Acts and parts Of Acts on the suOJecs OF
compensation to members OF the senate ana ol
she 5rss-sso.is- BE- -@d sh@ sane are haseh,
pealed from and after the Sd day OF March last
By this phraseology this Act restrospectiyely re-
age from the Sd Of March, 1917.
From 1889 to 1917, a period of twenty eight
years, have not been able to ind single In
stance where Constructive Mileage was paid.
Inssmuch as the fitt part of the lst section of
the Act Of January 22d, 1918, provided, that, at
every session Of Congress, and at every meeting
OF the Senate in the recess OF Congress- after the
Sd March, 1917, every Senator should be entitled
to pay and mileage those composing the Senate
on the 4th March, 1917, would have been entitled
10 mileage for that special session if it had not
been for the restriction in the latter part OF the
section prohibiting the payment
This was in accordance with the unyarying
precedent ard the legislative construction of the
Act is embodied in it, to guard against any future
construction which should permit payment for
Constructive Mileage
The Act of January 22d, 1918, has been in force
from the 80 Of March 1917, TO the present time,
and do not find an instance from the last date TO
the 4th Of March, 1915, another period of twenty
eight years, where payment has been made for
constructive mileage TO Senators, at the special
meeting of the Senate, with the single exception
Of the one in 1871, whichis mentioned above.
Hon. Levi Woodbury. was Secretary of the
Treasury on the third of March, 1871, was In this
City, and had resided here for several years.
The Legislature Of New Hampshire having
elected him to the Senate of the United States,
be took bis seat therein at the meeting OF the
Senate on the 4th March, 1871, in the recess OF
Congress ard received pay for mileage for return
ing TO New Hampshire only, as it is so noted in
the abstract.
Hon. William S Archer was elected by the Le-
gislature of Virginia a Senator for full term,
commencing on the 4th of March, ls4l. He was
in w ashiDgton on a visit-not a member Of either
House, nor on public business when be received
the certificate Of his election. He took his seat
in the Senate at its special meeting on the 4th OF
March, 1871, and received compensation for mile.
age FOR returning home only, and this is so noted
on the abstract.
Hon. William Allen from Ohio Hon. w. s.
Archer of Virginia Hon. Thomas Clayton from
Delaware, Hon. J. J. Crttenden from Kentucky,
hon. John A. Dix of New-York, Hon. William H.
Haywood from North Carolina, Hon Daniel Z.
Huger and Hon. George McDufee from South.
Carolina, Hon. ]. w Huntington OF Connecticut,