The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-01-22


hers thereof, and that the same can
neither be increased nor diminished,
either directly or indirectly, by the
Legislature, and that all resolutions
voting postage stamps or other emolu-
ments to members ara unconstitutional.
Mr.. PIERP0INTs said grave consti-
tutional question was raised by this
resolution. He did not deny that the
constitution fixed the compensation OF
members, but he did deny that the fur.
nishing of postage stamps for the dis
tribution ofdocuments was forbidden in
that clause of the constitution which
prohibited the increase of compensation
of members. He would not vote to
give them ten dollar worth of stamps
to put into their pockets, because that
would be clearly unconstitutional. But
if the furnishing of stamps to circulate
documents WIS unconstitutional, then
the furnishing of stationery 10 members
on which 10 write letters was also un-
constitutional. This resolution was
thrown in here to make party capital,
but he did not fear the result.
Mr.. DAVIS said in offering his reso.
luton he had no idea of alarming the
gentleman from Marion. He had mere
ly introduced il for the final settlement
of this question. He believed the Con-
stitutiOn defined the powers of the
Legislature aud in his view to Indirectly
increase the compensation of members
was one of the acts the Legislature
could not do. If the gentleman fIom
Marion entertained q different opinion
of the powers of the Legislature he was
at perfect liberty TO do so. Que of the
first oaths members take is to support
the Constitution. When that instru-
ment fixed the compensation of MEM
bers it prohibited appropriations of the
sort proposed. The issuing of postage
stamps was Indirect compensation, for
it enabled the members to retain in
their pockets what they would other
wise feel they were in duty
to their constituents bound to
pay out. Their constituencies un-
derstood, in sending them here, what
was their financial condition, and if
there were delegates there unable to
incur this postal expense, they would
know and would not expect it. For
himself, feeling that he was probably as
poor as any member on that floor, he
would still endeavor to keep his people
informed on public matters without
asking the State to interposs an un-
constitutional charity for his assistance.
And if the burden were too heavy for
him, he would rather go home aud tell
his constituents that his poverty pre-.
vented his furnishing them State Goc-
uments, than confess that he had
broken his oath to the constitution for
that purpose.
1t had been claimed tLsS it would be
as inst to rsquIre members to pay Tor
prfnting documents as for circulating
them. That he denied. There was
law requiring the printing Of dOcu-
menis, but he would like to be pointed
to single line in the statute book re-
duiring members to circulate them.
In the course of bis remarks, Mr.. DA-
Wis also alluded to the claim that the
interests of their constituents required
the circulation of these documents at
State expense to be provided for. The
same interests also required representa-
tiVes 10 make q respectable appearance
upon this floor, bnt he was not prepared
! TO vote suits ofclothes and other articles
necessary to enable them to make au
elegant appearance. In his view all
such measures were unconstitutional,
and having taken an oath to stand by
abe constitution, he intended to stand
by that oath. He hoped it would be
the pleasure of the House to adopt the
resolution.
Mr.. WHEAT denied the power of this
Legislature 10 pas upon tho oouoeISS-
tionaiity cfany question. That was the
special duiy of the Courts. He had
spent bis last cent in postage upon let
teTs explaining The organization of the
House, and he wanted the stamps. He
urged the House TO vote down the reso-
luton and award them.
Mr.. PIERPOINT called for n division
of the resolution The chair held il to
be di visiable and the vote was then
taken upon the first part declaring that
the constitution forbids the direct or
indirect increase of compensation TO
members.
Those voting in the affirmative are
Mcssrs. Agnew, Baker, Ballard of Mon
roe, Ballard of Logan, Beltzhoover,
Brannon, Burgess, Carpenter, Chambers,
Collins, Cracraft, Davis, Davisson, Dom
ehoo, Evans, Faris, Farnsworth, Fisher,
Flick, Gandce, Guthrie, Harvey,
Hill, Howard, Howe, Jackson, Judy,
Lamb, Lamon, Lynch, Maxwell,
Meadows, Miller, Nicely, PieTpoint,
Pownall, Price, Putnam, Rexroad, Ropp,
Scott, Smith, Sturgiss, Summers, Teter,
Thomas, WEIGH, Wells, Wheat, Wilkin.
son. Nays, none.
The question then recurred upon the
second part of the resolution, declaring
that the voting Of postage stamps or
other emolumsnts to members is uncOu-
stitutional, Mr.. PIERPOINT wanted
another division so as to discriminate
between postage stamps and "Other
emoluments." The chair decided that
the resolution could not be further di.
vided. The vote was taken with the
following result:
Those voting in the affirmative are
Messrs. Agnew, Baker, Ballard of Mon.
roe, Ballard Of Logan, Beltzhoover,
Bowyer, Branuon, Burgess, Chambers,
Collins, CTacraft, Davis, DAVIDSON, Don
ehoO, Evans, Faris, FSrnsworth, Fisher,
Flick, Candle, Guthrie. Hill, Howard,
Jackson, Judy, Lamb, Lamon, Lynch,
Maxwell, Meadows, Miller, Neely, Pier
point, Price, Putnam, Rexroad, Ropp,
Scott, Smith, sturgiss, Summers, Teter,
Thomas, Welch, Wells, WilkiuSon-46.
Nays one, Mr.. Wheat.
The Chair announced that the Davis
resolution took the place Of the Doneboe
substitute. The question then stood
upon the substitution Of the Davis reso-
luton for the original motion.
Pending this, the House adjourned
until 10 o'clock, Monday, January 25tb.