The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-12-30
THE WEEKLY PIONEER AND DEMOCRAT.
Mileage, Pay, Stationery, and Postage
Certificates Issued to Members Of the
Legislature.

Mileage. Pay, Stationery, and Postage
The principal business transacted by the
Legislature, at the present session, has been
to authorize and issue certificates to the
members for mileage, etc., which certificates
are now in circulation among the small
shavers about town at fifty cents, or less on
the dollar.
We have one of them before US now. It
is as follows:
Estate of Minnesota.
"This is to certify that - is entitled to
receive seventy.five dollars for mileage as
State Senator Of the State of Minnesota in pur.
suance of a resolution of the Senate passed
Dec. l4th, 1859.
"WM. HOLCOMBE, President.
'Attest: A. B. WEBER,
Secretary of the Senate"
Similar certificates are issued in the House
of Representatives with the addition Of
interest thereon at the rate of seven per cent.
per annum.
We are unable to find any authority of
law for the issue of such certificates. The
Auditor refuses to issue warrants for them,
there being no appropriation. But it seems
to US that no certificate should be allowed
to pass the scrutiny of that officer, even after
an application except certificates for pay
according to the provisions of the Constitu-
ton and the Statutes.
Sec. 7 of Art. of the Constitution of
the State provides that,
The compensation of Senators and Represen-
tatives shall be three dollars per diem during
the first session, but may afterwards be pre-.
scribed by law. But no increase of compensa-
ton shall be prescribed which shall take effect
dur ng the period for which the members of
the existing House of Representatives may
have been elected.
There has not been any change in this
rate of compensation made by any previous
legislature, and it will be observed that the
present legislature is prohibited from pre-
scribing any increase of compensation which
shall take effect during the term of office of
the members of the House Representatives.
The presiding officers of each House are
allowed by law three dollars per diem extra,
and the officers each three dollars per diem,
but there is not any provision of law allow
ing compensation for mileage, postage, or
stationery.
Sec. II. on page 12l, Revised Statutes
of Minnesota, provides that,
The compensation prescribed by law for the
officers of the Council (Senate) shall be certified
by the President thereof, and attested by the
Secretary and the compensation that may be
due to the officers of the House of Represen.
tatives. shall be certified by the Speaker
thereof, and attested by the Chief Clerk, which
shall be sufficient evidence to the Secretary oil
the Territory Estate Auditory of each person s
claim
This is the only provision of law for tn:
issue of any certificates, and it will be OBJ
served that it is limited to the compensation
of the officers of the Senate and House Of
Representatives, as prescribed by law
These certificates, therefore, now being is.
sued and put in circulation, whether fol-
mileage, stationery, or postage, are not only
without lawful authority, but are in direct
violation of the provisions of the constitu.
ton of the State above quoted, and are alb.
soutely null and void. Apart from these
considerations, the right of the Legislature
to create valid Indebtedness by means Of
such certificates may be seriously questioned
The powers of the Legislature to create a
State Indebtedness have been exhausted by
the $250,OO0 loan, Except as to the issue
of State Railroad Bonds, under the amend
ment,) and any attempt, by whatever means
to increase the State debt is unconstitu-
tional. These certificates had better be
handled with care therefore, by persons
dealing in such things.