The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-08-19
Reckless EI,r.v.ganee Rebuked.
Gov. SrBLEy. in approving the Appropri-
alton Bill, sent 70 the House the following
m.aaaoe.


alton Bill, sent 10 the House the following
message:
Executive OFFICE,
sr. PAUL, Aug. IL, 1855.
Hos. VIZ. HoLc0sBE, Prudent Of The Senate.
Sir: have approved and signed s. F. No.
233, An act making appropriations for the sup
port Of the Government.
There arc items embraced in the bill, which
] regard Is involving great injustice to the
State, but the alternative being presented to
me, Of Withholding my assent from bill, the
passage Of which is absolutely necessary for
the carrying on Of the government Of the State,
or Of seeming TO approve what deem to be
Q wrong, have chosen the least Of two evils,
and have therefore given the act my reluctant
approval. Respectfully.
We presume the provisions of the bill,
particularly referred to by the Governor,
were those by which the members, on the
last night Of the session, under the shallow
pretext Of stationery and postage stamps,
pocketed $4,000 Of the peoples money.
1t was not pretended that the stamps and
stationery were requisite or had been used
to the amount specified. The appropriation
was made to satisfy an intensely ridiculous
claim Of members for per diem during the
recess. This claim, the Attorney. General
decided unfounded. The sum was secured
however, in the method specfed--in station
cry and postage stamps.
The following is the letter Of the Attor-
ney General, as to whether members were
entitled to per diem during the recess, from
the 29th Of March 10 the second of June
ATTORNEY GENERALS OFFICE.
August IL, 1865.
To tie President Of The Senate:
SIR In reply to the resolution of your
honorable body Of the 10th inst, calling for
my opinion as to" whether the members are
entitled 10 per diem during the vacation Of
the Legislature" would say-the consti-
tuition seems to be specific on this point. In
article four, section seven, it is provided that
the compensation Of Senators and Repre-
sentatives shall be three dollars per diem
during the first session, but may afterwards
be prescribed by law; but no increase of
compensation shall be prescribed which shall
take effect during the period for which the
members OF the existing House Of Repre-
sentatives may have been elected" No pre-
existing law can affect this question, be-
cause, if it varies in its provisions from the
constitution, il is inconsistent with, and no
adopted by that instrument. (See SEIZED
ulc, sec. 2.
This compensation is three dollars per diem
during the first session. Was the Legislature
legally or constructively in session from the
10Th day Of March last to the I'd day Of June,
within the meaning Of the Constitution? 1t
is conceded that neither House was in actual
session during that time--a period Of about
two months. Is there, then, any legal pre-
sumption that session of the legislature
must be continuous or unbroken! do not
see any such presumption-in fact, numerous
precedents clearly show the reverse. In
deed taking the concurrent Judgment Of both
Houses Of this Legislature, and this interval
was excluded from the constructive time
which every legislative body must TO some
extent be allowed. In the Daily Journals
the days are numbered consecutively from
to lag. The commencement Of the session
was carly in December, 1857, and il the time
in question is to be counted as a part Of the
session there is evidently large error in the
records Of the Legislature. But - be-
yond the reason of the case, or prece-
dent 49, the Constitution Of the State
seems to fully set the question at rest.
1t is provided in the section above quoted
that no increase Of compensation shall be
prescribed which shall take effect during the
period tor which the members OF the exist
Ing House Of Representatives may have
been elected" TO allow compensation du-
ring the recess would be- violation Of this
provision. II the Legislature can adjourn
for two months, go home, and still receive
pay for the time such adjournment may be
for eight months or any other number.
In this way the constructive services
would amount TO more than double the
amount Of actual services, and more than
| double what the Constitution would allow
Any extraordinary adjournment would be
| an increase OF compensation and the amount.
of the increase would depend upon the
| length of the vacation
must, therefore, very respectfully state
that, in my opinion. Senators and members
OF the Legislature are not entitled 10 per
diem during the vacation from the 29fh OF
March. to the "a OF June. 1858.
am. very respectfully
Your obt servant.
~ II Rrppx Aft'v t.anl