The Daily state register. [volume] (Carson City, Nev.) 1870-1872, 1871-01-25
GOV. BRADLEY VET0ES THE
LEGISLATIVE FUND BILL
MS THEREFOR
Message 10 the Senate.
STATE OF NEVADA.
EXECUTIVE DEPARTMENT,
january -, 1871.

January q, 1871.
To the Hon. the Senate Of Nevada:
j herewith return without approval
the Hill entitled AN Act to create
Legislative Funds" which originated
in your House, briefly stating my OBJ
iections thereto.
i regard it rs belonging TO that class
of legi>latior, commonly denominated
special. and therefore opposed To the
letter and spirit Of Article 4, Section
u, Of the Constitution.
Ii a measure % mat kind is neces-
sary ut all, a hill can he easily framed
which Will place all Of the creditors OF
the State Oh the same footing. This
bill, however. discrimiuaies IN favor
of q limited number OF those persons,
making them preferred creditors: and
postpones the payment Of past obliga-
lions. which the State is in honor
bound To satisfy, fos the purpose of
first ~d.scharging the claims oil mem
bcrs OF one branch of the Government.
such legislation j, not only unconsti-
tutional, but unjas., and should be
avoided.
In nv Judgment that portion Of the
bill relating to the salaries Of members
Of the Legislature by inairec,ion in
crease, their com pensation during the
HtIti> TOT NlilfU fifN tdN' bttil tttfs-
cd. aud i therefore IN violation of the
provisions OF Article !, section 50, of
The Constitutions; aud that part of il
which makes provision for the Incl
dental expenses of the Legislature,
conflicts with Article >, Section II. OF
Tie Constitution.
IL is no; questioned that the effect OF
the bill j. to- AID saine $4,000 or ST.,
600 tn the liabilities ~ the state on ac-
count OF the salaries OF members of the
present Legislature: nor can il be tie
MED that they viii hc the recipients ot
a corresponding benefit. A. a conSe-
quence. should 10 become a law, mem
aeIs Of the Legislature will he adding
to their COMPENSATION during the tern
3 for which hey have been elected
T which, a before stated, i prohibited
toy the Constitution.
All readily admit that the addition
{ directly OF auy sun whatever 10 tn,
o. per diem ui members Of tile lcei>la
lure, by action 81 the two houses in
crested . in violation ai the Constitu
lion. think IT equally a violation o
. thar ms ruucnt - Eoach the same en-,
A., by other means, however indirect.
The last clause Of Ac. ). Section Q
1 If the Constitution expressly declare
that 'no claim against the STATE tex
I cCpt salaries or compensation of oil
GERS fixed 10y law shall be passed upol
uy the Legislature without haVin
y been considered AMI acted upon b,
4 The Bogrl al Examiner
fhe bill expressly sets apart min
thousand dollars 10 be used by TIA
~~ergsant-at Arms Of the two House
d "a bc paid cot a directed 10y resold
, lion of those bodies. Justice 10 TIA
members Of the Legislature demand
III. presumption hat they viii not ct
IS der any portion of the money meI
4 toned TO he paid out except in the Iii.
charge Of just claims held by "thc
parties ; nor can We presume that the
/ viii order the pavIneut Of claims hel
! against themselVcsor their ereeaHt-a
Arms. In a word, it j. only fair an
reasonable To- suppose that orders wi
ie be confined 10 the payment OF claim
ar properly chargeahle to, and payah
bv the State (: and il such claims onl
:. are TO be paid ont Of that fund, then
~ * clear that before these payments 90
IN cons.itutioGally be ordered by ii
? Legislature they must be acted upu
n bv the Board Of Examiners.
! am aware that my conclusion
upon the subject under considerable
differ from those Of the Supren
- Court. a. represented III Ash IS. Pa
IL kinson. . New. Reports.
ho ON questions OF constitutional la'
| will a. ali times, when / can 90
nc ~~cientiousIy do 20. take pleasure
IL being guided by the Judiciary: l.
ry when their reasoning fails to c1nNin
my Judgment of the correctness
- lhCir cCnclu> ous. duty. and my OF
Ella! oath require that follow the Il
or iates of my OWN conscience.
N our Governments j. divided in
three independent departments. 4
IL officers in each take the same oai
ii; Neither swcars to support the Cons
he tuition ~ construed BY the others. 1
each declares ~ effect that he viii
'' 80 To the best OF his ability. a diet
he; cd by his Judgment and conscience
During my term Of Office | shall ,
dcavor Ia comply with the ohlicatio
which assumed AZ the beginning.
cannot do s. hy following adv
which my Judgment ropudiaies.
lol In conclusion, allow me to add, Il
he | stand pledged 10 thc people OF q
lor State to observe the strictcst econni
possible in the administration Of
ol Office OF Governor.
j. j. my purpose 70 fUliill that Piled
i. to the best OF my ability.
-. Very respectfully submitted,
j.. II. BRADLEY, Governor