The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1856-05-13


JOHN o. PRrERs,
And many other citizens.
STATE AUDITORS ROOMS
LANSING, Mich, March 6, 1886.
In compliance with the foregoing request,
as well as strong sense of public and official
duty, tho undersigned have the honor to
submit the following statement:
lst. After mature deliberation, the Board
of Auditors have finally acted upon and de-
cided, by d majority vote, that they have
no power under the present constitution, to
audit and allow to the Judges of the Circuit
and Supreme Courts, their claims submitted
to US, for the amount of their necessary trav-
cling expenses, incurred while on their respec-
tive circuits, or in attendance upon the Su-
preme Court. in the performance Of their Of
fcsal duties. 4!
Sd. In defining our position in regard to
this important question, 'and in justification
Of our action in the premises, permit us to
remark, that after the most deliberate refec-
ton upon the subject, we regret to say that
we feel obliged to arrive at conclusion at
variance With the expressed opinion of avery
considerable number of esteemed and dis
tinguished legal gentlsmenrof the State, Civ
en-, as we have been inclined to think, more
from strong sympathy for those whom it
especially concerns, than from a careful cx-
animation, of the extent Of the application of
The principle involved therein, or of the spir-
it and intention of the Constitution ITSELF
We would further say, that when the ques-
tion was first suggested to us by the submis-
sion of the claims Of our action, we felt
strongly inclined to favor the allowance, be-
flieving, as we did, with many Of our fellow
citizens, that the compensation of the Judges
rs well as that of the State officers generally,
was low; and feeling desirous on that account
that the travelling expenses should be allowed
and paid, in addition to their salary of $1,000
if it could with propriety, under the Consti-
tuition, beldone. But on a more thorough
examination of the whole subject, and after
hearing the strongest arguments, official, and
otherwise, that we thought could" well be
brought in its favor, we are still constrained
to believe that the allowance of such charges
would le not only unprecedented in the his
tory of our State government, but entirely
foreign to what seems to us the most obvious
design Of the trainers of the Constitution,
and of the people who voted for its adoption.
We believe that the remedy for alb corHti4u-.
tional evils should be sought by amendment
of the Constitution, and not by violation of
any of its provisions; and that the broad fu-
ture evils entailed upon such violation, would
vastly outweigh any present seeming tempo
rary benefit. Our oaths of office teach us
this principle; and we prefer the enjoyment
Of consciousself appreciation, even to that Of
friends without it, if so great personal sacri-
flee need be made.
Section of Article of the Constitution,
provides that "cach of the Judges of the Cir
cult Courts shall receive a salary payable
quarterly" Article provides that "the
Judges Of the circuit court shall receive an
annual salary of one Thousand five hundred
dollars" "They shall receive no fees or per,
quisites whatever for the performance of any
duties connected with their Offices" at
shall not be competent for the legislature to
increase the salaries herein provided" In
section 20 of the Schedule, we find the fol-
lowing general provision: at shall not be
lawful hereafter for the Legislature to increase
or diminish the compensation &c any officer
during the term for which he is elected or ap-
pointed."'' 1t is urged that the words 'fees"
or "perquisites' do not necessarily. or techni-
caly mean a remuneration, or Indemnity"
for expenses actually incurred; and this may
be admitted without at all yielding the con-
stitutional question; for it is the spirit and
meaning Of the Constitution, or in other
words, the intention of tho trainers of that
instrument to be arrived at by the legitimate
rules of constructions which must decide the
question; and this spirit and intention is Of
ten found TO vary from the common accepta-
tion of the words; and it is sometimes the
case, when the ordinary meaning of the
words would conflict with the construction
given, in stead of merely failing to sustain
It, which is all that could be said in the pres
ent case.
Article @, Section IL, provides that
"Circuit Court shall be held at least twice in
each year in every county organized for judi
cal purposes, and four times in each year in
counties containing ten thousand inhabitants.
Judges of the Circuit Court m hold courts
for each other, and shall do so when requir-
ed by law.
And section 20 of the Schedule defines
the extent Of each Circuit. Now we cannot
for moment suppose that the trainers of the
Constitution were blind TO the. fact that it
would be impossible for the Judges to per-
form the duties thus definitely assigned them,
without mourning travelling or other expenses
in the service of the State without any. re-
numeration; and yet they made no provision
for such expenses unless we are to suppose
that they intended their salaries as the coma,
pensaticn, as well for their necessary travel
ing expenses as for their services. We think,
therefore, that we are driven TO the conclu-
sion that they did 90 intend, as regards all
such expenses, as must necessarily have been
forcseen by them, inasmuch as they made no
provision therefor. Upon careful reading
Of the debates in the Constitutional Conven-
ton, as well as the Constitution ITSELF II
seems plain TO ms that the unanimous policy
II Ill Ill. 80. n., G.. o.. a 80. -, lloir