The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1872-01-18

third line, and insert In lieu thereof Che
/ words 1.-THE several counties :" also by filling
the blank In the eighth line of the same
section with the word five" before the
| word '>dollars."
/ Report received and agreed 10.
/ The bill was read third time ard passed
title standing as stated.
MAJORITY REPORT.
Mr.. SPKAKRR-The Judiciary Committee
/ to whom was referred bill entitled an act
/ TO regulate the per diem and mileage ofthe
members of the Legislature have had the
! same under consideration, and have instrue-
| ted me TO report the same back TO the House
with the recommendation that IL do not
! pass
This bill proposes to fix the compensation
! OF the mem bers of this Legislature. while
the Committee are OF the opinion that the
same is now established by the Act of May
| 18th. 1871, and under the Constitution OF
this State mo alteration OF such compensa-
! ton ofmem bers shall take effect during the
session at which it Is made" All OF which
IL respectfully submitted.
w. J. WILLING, Chairman.
MINORITY REPORT.
The undersigned respectfully submits the
following as a minority report on the ques-
ton of compensation for the members OF the
Legislature.
Section 20 of article OF the Constitution
Of this State provides for the increase and
reduction OF the cOmpensa alton of members
of the Legislature. but declares that no al
teration shall take effect at the session at
which Ii is made. It il not denied that the
term ALTERATION" equally applies 20 re-
ductiOn as well as 10 an increase of such
compensation. But il is nevertheless clear
that no constitutional rule Intended 70 Sc
cure q pecuniary right to any citizen is
violated by taking away that right with the
consent of the party In whomit Is vested.
1t is therefore clear that the article in
question Is. not violated il the members OF
tho Legislature shall consent to reduction
of their compensation; but upon examlna-
ton of the statute l think it Is clear that
there is now no law In force which fixes the
COMPENSATION of mem bers of the Legislature
and therefore it deyolves upon the members
of this Legislature to fix that com pensation.
Ii is insisted by the majority that the act
passed on the 18th May, 1871, fixing the
compensation at 81 per day Is stlll in force,
and therefore any alteration of the compen-
sation therein fixed to take effect at this
session is within the prohibition of the Con-
stitutiOn.
The main argument upon which this pO-
sitIon Is based IL, that the said act of the
18th of May Is of later date by one day than
the 4th chapter of the Revised Code on the
subject OF the compensation of mem bers /;
and also later by one day than the LIST
chapter of the Code, containing the repeal
ing clause of pre-existing statutes, and that
a prior statute cannot have the force and
effect Ia repeal later one. The argument
submit is more plausible than sound.
The principle upon which later statute
Is held TO be a repeal of former enc. when
il contains an express repeal of IL, or con-
tains such repugnGncy In les provisions
that both cannot stand, 10 that no Legisla-
ture has the constitutional power TO bind its
successors by the enactment of statute
which is in itself irrepealable. That the
will OF the people as expressed by their rep
resentatives through the forms of law Is at
all times TO have the force of law without
reference 10 what preceding Legislature
may have enacted. But this principle does
not apply to the statutes under considers
ton ~ will proceed TO show. 1t Is a set
tied rule Tor the construction of all statutes
that all acts upon the same subject matter
are TO be construed together and to have
force and effect as il they were parts of the
same act. Ii is also n well settled principle
of law that a statute is TO be so construed
that every part of il Is TO have effect, and
that evrey word and provision In it shall
have ia appropriate Specification.
This last principle is not only applicable
in the construction of single statute, but
Is equally applicable when two or more
statues are passed on the same sub ect matter
and when the latter does not contain an ex-
press repeal of the former lr certainly
applies with all Its force when two statutes
on the same subject have been passed by the
same Legislature.
The presumption is. That When statute
Is passed 1t expressed the VIII of the people
and for that reason it has the force and effect
of law. If anoHler statute is passed on the
next day and it contains no express repeaI
of the former, and Is on the same subject
matter If there be a difference In the TWO
no presumption can arise that there has
been change in the public will In that
time, but on the contrary, the rule IL, that
both statutes express the true will of the
Legislature, and that the last statute IL but
the expression of their further and addition
al will upon points omitted In the first. The
two are then to be construed together, ana
both are to have Just such force and effect
as the language employed in each and both
give them. The application OF these prin-
ciples settles the question under consideTa-
ton, very clearly. On 18th day OF May,
1871, the Legislature enacted ia section 1888
of the Revised Code, that the compensation
of it's members, was a matter to be fixed by
the Legislature itself.
On the same day IL enacted sections and
8 of the Code. In the first of these sections
it was provided that from and after the
first day of October, 1871, the Code shall
take effect, and shall superSede and repeal
all pre- existing statutes OF a general nature,
the subjects OF which are herein revised
and consolidated" 1t is clear from the
reading of this section that the 'pre-exist-
ing statutes referred to were those which
are pre-existIng with reference TO the lst of
October, 1871, for that is the only date re-
ferred to; but this construction 10 placed
beyond all doubt by the next section, which
provides 'that until the Code shall go into
operation." to-wit: LIST of October, 1871,
s.all general laws In the Code of 1857. SHALL"
etc, and all acts of the Legislature, passed
at its session which assembled on the LIST
Tuesday after the LIST Monday of January,
1871. shall continue in force, etc. The plain
meaning of these two sections Is therefore
10 continue In force all general statutes, in
Guiding those of the session of 1871 to the
first of October, when the Code went Into
effect, and from that time to repeal them
wherever they contained enactments on the
subject matter Of any statute embraced in
the Code. This was the Legislative will on
the 18th of May, 1871, and IL 10 expressed
"a fully with reference to statutes passed Ey
that Legislature after that date MS before,
for the language Is that "all acts" of that
T,eOislature etc, shall continue In force
until LIST of October, 1871, and that the Code
shall supersede all pre-existing statutes
after that date. Tie Legislature having
thus expressed its will ION 12th May, that
no act passed by 1t Of general nature, the
subject matter of which was revised In the
Code. should have force and effect beyond
the Ist day of October, 1871, IL cannot be
maintained that an act passed by them and
being within this category, on tie next day,
should have operation and effect beyond the
Let of October, 1871, unless In the latter act
there be an express provision to that effect.
IL will be remembered that the Legisla-
ture. though a law-making body, IL yet
amena bic TO law; they repeal laws and en-
act new ones, but they cannot disregard
them They are as much bound by laws of
their own enactment as they are by any
other law. The fixing of period at which
statutes shall cease TO have operation. 10 as
much a Legislative power az the levying of
taxes the organization of Courts or any
other of the last number of powers, which
are indisputably within their jurisdiction ;
the power of limiting the operation CT laws
NAV be as well and as constitutioually ex-
ercised by a general statute, declaring that
ali acts passed by that Legislature shall
cease to have effect on certain day, as by
| Incorporating that power In every act which
/ they may pass, and Ii such an act were