New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-27
The Secretary road the section.

begin at home. If we intend to pass law
which shall be effective in the future, W.
must give an example of obedience to thos
laws ourselves. The gentleman from
Ouachita (Mr. Ray talks about constitu
tional provisions and constitutional
rights and all that sort of thing
but there is nothing in the consti
tuition. as far as l know, which give
a license to the different branche.
OF the General Assembly to expend eacl
| session the money of the people TO til,
amount OF millions of dollars. There il
| nothing in the constitution which permit.
| the senate and House Of Representatives tt
| appoint committees to traverse the State
from one end to the other and draw con
structlHe mileage therefor, and extra pei
dlem Tor their services. There is no an
thority in the constitution tor the extrava
CANT expenditure of the public money which
characterized the last session of the Gen
eral Assembly. l can not for my life con
celve why we can not enact a law now
which will limit us in our expenditures
during the present session. l can not
Imagine Why we can not pass a law
providing that no standing committee
shall employ a clerk, and fixing the
number and defining the duties OF
the employees of the General Assembly.
fail to see why we can not pass a law re-
strlcting the President of the Senate in the
appointment of pages. and the Sergeant-at-
Arms IN the employment of porters, etc. If
there are officers whose offices are created
By law to last for certain length Of time
we can easily except them from the opera
ton of this law, and make it applicable to
all other officers Of the present General As
sembly. If our system of disbursing the
money appropriated for the Legislature is
defective, let us correct the defect, and be-
gin with ourselves first.
Mr. Thompson said the section only ex-
empted from the operation Of the law, during
the present session, the Secretary, assistant
secretary, and other officers created by law.
Mr.. Lynch will state that this bill was
reported by the committee of which l am
chairman, under instructions received last
Saturday, but it is not by any means the
same as it was originally. voted against
many of its provisions. My colleague (Mr.
McMillen) and the Senator from Ouachita
Mr.. Ray) misunderstood the scope Of the
bill. 1t is intended to regulate the compen-
sation of all the employees of the present
General Assembly whose salaries are not
fixed by law. Such was the intention and
understanding of the committee.
Mr.. McAlillen moved to strike from the
bill all in reference to Warrant Clerk.
Mr.. Blackman--I do not think there is
any necessity tor the motion to strike out
Ii L understand the matter correctly, we
can only pass and make effective law
which will regulate the expenses of the
General Assembly. If we pass law for
the government of future Legislatures, it
can be repealed at any time. This bill pro-
poses to regulate the expenses of the Gen
eral Assembly, to define the number of EN-
ployes and to fix their compensation. Such
a law is not, in my opinion, retroactive,
from the fact that no law has been passed
providing for the employment of clerks
porters, pages, etc, i'll the General Assem-
bly,. 1t would not even be retroactive if it
provided for the reduction Of the salaries of
the Secretary of the Senate and the Clerk
Of the House of Representatives. There is
a special law fixing their compensation, but
it Is within the power of the General As
Sembly at any time to reduce their salaries. |
Mr.. Ray-Such law could only 60 into
ntO operation after its passage.
MIR. Blackman-Certainly it would only |
AXE effect after its passage, but it is |
OPTIONAL vita us at any time to pass such |
| law. The Secretary of the Senate has a |
light to receive his present salary until the |
legislature sees tit to change it.
Mr. Ray-It can only be changed by re-
Deaiing the law.
Mr.. Blackman-The clerks and other en-
'loyes have not been employed under any
peclal law, and their compensation can be
hanged at any time. Suppose the Presi-
lent of the Senate had seen tit to employ
hundred SergeantS at-arms or two hundred |
nd fifty pages: is there any law by which
ve could be forced to make an appropria-
ion to pay these appointees Certainly
lot. 1t seems to me that we can at any
lme change the compensation of the EN-
loyes, and even abolish the Office of Sec
etary
Mr.. McMilen-You can not abolish his
alary.
Mr.. Blackman-As soon as the Office is
polished the salary is abolished | consid-
I that unless the General Assembly makes
his bill operative at the present time. it
III not be reform measure. Under the
institution we have not the power to bind
lture Legislatures. The House of Repre-
had, about two weeks ago, fifty
'ur employees, and during the last session
had 25O. l would be ust as willing to lay
lis bill upon the table, and pass simple
bill, as to adopt it as it stands
present.
Mr.. Lynch will again state that this bill
pplies to the employees of the General AS
,mbly during this session.
Mr.. Blackman-I do not so understand it
ON Senator Ray. Do you mean to say
lat it applies to everything except the of
GERS whose salaries are fixed by law and
lat no other clerks nor employees can be
aid than those provided for in this bill!
Mr.. Lynch do.
Mr.. Blackman-Suppose the House Of
representatives. has employed two hundred
erks and other employees, will they not
ave to be paid ont of this appropriation,
Mr.. McMillen They will be paid out of
lie contingent fund of the House of Repre-
ntatives. The House of Representatives
ill spend their one hundred and five thou
nd dollars III their own way. and if you
ave the office of Warrant Clerk, you will
ave two hundred thousand dollars on the
arket besides.
Mr.. Blackman-The Warrant Clerk is
IMPLY authorized to pay the money, and
IT to draw the warrants. If the proper
licers approve fraudulent warrants they ,
i'll be paid, whether you have Warrant
ERIK or not. He can not issue certificate t
Indebtedness. During the last session of I
e General Assembly you authorized him {
draw warrants and pay the per diem of
e members, but no such power is given {
N in this bill.
Mr.. McMiien-I1is authority was almost 6
limited during the last session. I
Mr.. Ray-I desire to make an explana- /
IN OF the law upon this subject. '
can not see how lawyers can Gisa- |
zee as to the legal purport of this bill t
In my opinion, we have no right, under t
e constitution, to pass retroactive meas
es; and what is meant by a retroactive t
easure is a measure which affects events
ready passed. The law at present defines i
e salary of the Chief Clerk of the House, l.
e Secretary of the Senate, the minute t
erks, etc, and it also fixes the rate of Il
to be paid to other employees V
the Legislature, but it does not define l
e number Of the latter. There is the i
eat difficulty which ia left to the House a
Representatives and the Senate to settle t
they may see proper. Now, if this law p
Guild pass to day. we would repeal these a