New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-15

same powers shall be
tngd until such Superintendent shall enter upon the duties Of bis Office
Adjourned.
THE LEGALITY OF THE PRESENT SESSION.
THE TACTICS OF THE DEMOCRATS OPINION OF
ATTORNEY-GEN. MARTINDALE.
There was an attendance it will be seen, of
9S Delegates at this mornings session. Yesterday 100
were present. and on Tuesday 95 In the morning and
larger number at night Several attempts were made
this morning. from the Democratic side OF the house. to
catch the Committee without quorum but without sue
cess The Democrats now profess to be noncommttal
the subject of adjournment and, the language Of
distinguished Of the ermne who leaves for New
York tonight they know nothing about tit rests
with the responsible majority" In this they are aided
and abetted by The EreRg Journal, which in defiance
Of the above figures. has declared that the Convention
has each day been without quorum
Mr. James Brooks has not yet called UP his resolution
asking for legal opinion from the Attorney General as
to the powers Of the Controller in regard to the payment
OF the expenses Of the Convention but as matter Of
curiosity and information the correspondence Of these
officials Ia appended below:
STATE OF NEw-YoRK, CONTROLLERS OFFICE
The Hon. JOHN II. MARTrSDALE Attorney General
DEAR SIR: Permit me to call your attention to the act
provide for Convention TO revise and amend the Con
stituton and more particularly to the 6th section when
requires submission OF the new Constitution 70 tne
the Tuesday next after the first Monday OF November
next" and TO ask your opinion on the following points
time fixed in the Legislative act referred to for submis
sion OF It's work to the people has expired or has hat
beyond the control Of the Legslaturei
inquiry is not the Legislative act binding on the Con-
troer in all its provisions so far as they impose duties on
that officer, and So he properly pay the members
time indicated In the act for submission to the people
THO HUIU0reF Controller
STATE OF NEw.YoRK. OFFICE THE ATToRNEr}
GENERAL, Albany Oct. 10, 1851 5
The Hon. THOMAS HILLHOUsE, Controller: have the
honor acknowledge the receipt Of your communication
Of the 1 inst 70 me CERTAIN lt Wne T
entitled An Provide for Convention TO Revise
and Amend the Constitutions" To your inquiry whether
the Convention can continue its sessions after the 5h day
OF November next being the time fixed In the Legsla-
respond that its voluntary sessions after that date
not prohibited by any law Its work after the time re-
ferred to may be reeognzed at the next session or ie
or rejection In my opinion It is unmportant ID TINS
mary from the present Constitution from the Legs
atiye providing for the election and assemDage OF
tie authority of the Convention If the Legislature shall
submit result OF its deliberations to general election
OF the people and they shall approve the amendments
Constitution so proposed and adopted viii be established
in the State IL is unnecessary TO consider the effect OF
such submission without Legislative act.
But your authority to pay the members and off,
GERS OF the Convention for attendance after the
time Indicated in the Act for a submission to the
people, is confined by narrower and more precise
limitations You are not authorized TO draw your
the treasury for any moneys except in con-
formy law BY the provisions OF the act in question
the members of the Convention are each entitled ito s6
per ay for every day from the first day to the last day
Of the session thereof and the same mileage as Is now
paid TO the members OF the Legislature; but no pay
shall be received for any recess longer than three
days az one tlme;' and the amendments. Consti
tuition which may be proposed, shall be submitted bye
me %e1t SeSraf EseS BE- led On he TesGy after
he first Monday OF NOreber merit" How the Conven-
ton comply with this requirement except by the compile
tion OF its work before the 6h OF November next The
law effect, tells you Pay the members Sc per day
for every day OF the session OF the Convention but the
session must be ended before the next General Eect0n
SUCH in my opinion, the intention OF the Legislature
in passing the Act and such the popular and think
construction OF IT, All the right OF the members
10 their compensation is derived from and must be linn
tied by the the Legislative act under which they
convened All your authority to pay them is CON
ferred and imposed by the act They have discre
ton to proong their voluntary session. ana TO trust TO
future Legislative enabling act In doing so they
violate no law . .
lions OF the TO draw warrant III
ticnaton that it will be extended by the next Legsa
ture In doing so you would violate the Constitution,
which prescrbes that no moneys shall ever DC PAID CUT
OF the Treasury OF this State any OF its FUNDS or any
OF funds under its management except IN pursuance
Of appropriation by law" The next Legislature may,
in its discretion pay the members Tor their attendance
pay any whatever. But the construction when
denies the authority and rights OF the Convention includ
ing the pay OF its clerks and members from the CoDsu
ton regardless OF the limited period prescribed to its
the Legislative act would permit continued
sessions without limit and impose the duty successive
Legislatures by the high obligations OF good faith to
ton determines to conclude its labOrs.
think such construction is erroneous, and ADVISE you
vention for attendance after the time indicated IN the
act for submission TO the people" with high respect
your obedent servant,
J. II. MARTISDALE, Attorney General.