The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-05-01

- - ''--st' ~ 49, - t--.----t ~'ts
A friend has furnished rs the substance
q Judge Hansockf remarks on the back
pay question
Judge Hancock said:
Without assuming that the lcl 81 Con-
grcss. Increasing the compensation of mem
beTS. is free from just censure. II NAY be
we'll enough to invoke. az this early day.
the sober second thought, and examine
this act IN the clear light Of the Federal
Constitution, aided I,y precceents. admitted
facts and dislassionate, unbiased reason.
The Constitution Provides-artiele /, sec
ton 6--'.The Senators and Representative
shall receive compensation for their services.
TO be ascertained by law, etc.
And by section 1, same article. il is pro-
yided that ..All legislative power shall be
vested In Congress: and further. That
each bill passing both houses before 1t be
comes a law. shall be approved by the
President, unless withheld BIZ him over ten
days and, when returned 10 Congress
within ten days with bis veto may stiil be-
come law by a vote oftwo-thirds Of each
house
1t Is, therefore. manifest that the Consti-
tuition clothes Congress with the power, and
imposes on il as duty. to fix the compen-
sation of It's own members. II matters not
whether the amount Of compensation may
be ascertained by an act OF the enacting
Congress OF by that Of preceding one,
since by the Constitution the power
ana duty arc devolved on the leg
islative branch OF the government, and
each Congress is alike responsible for the
manner of its exercise. It is a power con-
fided to the sound discretion of Congress.
Whether the trainers OF. the Constitution in
so granting this power acted wisely OF not,
is not now an issue That such is the Con-
stitutiOnal provision, all must concede.
Hence the passage Of a law fixing the COM
pensation, Is wise or unwise, provident or
improvident, just or unjust and cannot, in
any proper legal sense, be otherwise char
acteriZed. INSCRIPTIONS writer's for the
sensational press, the vulgar minded, whose
chief reliance Is opprObrious epithets
may indulge their tastes to their own graft
fication, but viii add nothing TO enable US
TO arrive at a correct understanding Of prin-
-ciples, or to determine wise and Just
policy.
The people, by adopting the Constitution,
clothed their Senators and Representatives
with the unqualified right to do what they
have done. The act is of legal and binding
force, and to be considered and passed upon
as any other law passed by Congress under
the warrant of the Constitution. If an. ex-
Orbitant compensation had been fixed, it
would become proper subject of censure
on the part Of the people. And this raises
the question, and the only question that
really does exist 'swhether the compensa-
tion voted is unreasonable or not2n While
am sure that calm reflection will satisfy all
fair minds that have stated the only ques-
ton that legitimately exists, yet I am aware
it is objected that the increased rate of pay
was made retrospective, so as to include the
enactors of it in its advantages, or such of
them rs would receive more money under its
professionalism under the old law. As to all,
this objection will not hold, for many of
the members froms remote States received
no increase, while some would get less UNI
der the new than the old law. The. second
objection is, that if the law had been
prospective it would not have been
so bad; voting money into their own peck
cts is the point of objection. But ] think
I have demonstrated most conclusively, that
under the Constitution every Congress,
either by tacit acquiesence in the act of some
preceding Congress, or by its own act, land
IN principle there can be no difference) de-
It would certainly be list as censurable to
permit a law to remain in force that fixed
the pay of members at an exorbitantly high
rate, OF at a manifestly too low rate, as to
pass one that did the same thing. Now, in
support of this view, or of the right and
duty of each Congress underline Constitution
to fix the compensation Gifts members orto
see that it is determined at such an amount as
viii be a fair and just compensation, let us ex-
anime the legislative precedents on the sub
ject, and see how the trainers of that in
strument and their cotemporaries interpre-
ted this power.
Congress, at its first session, commencing
March 4 and ending September 20, 1889,
passed an act, approved September -, of
that year, FIXING the pay of Senators and
Representatives, including members OF that
Congress, at SO per day for every day of
attendance, or detention by sickness on the
way to, at, and on the way from the seat of
government, and also allowing for travel
ing expenses SO for each twenty miles of
necessary travel for each round trip. This
act also provided that from and after March
4, 1895. the con, Densation should be Sc per
day for each twenty miles of travel
nact appr0ked March 10, 1896. repealed
the 81 clause, and left the rate of pay at SO
per day, and mileage as before March 4,
1795.
On March 10, 1916, an act was approved
changing the compensation from Sc per
day to salary Of 1000 per annum, with
mileage as fixed under the previous law.
On the sixth of February, 1917. an act
was approved repeating the act of March 10,
1916, and providing that this repeating act
should not be so construed as to revive any
former act on the subject; but It was so
framed rs not to effect the compensation Of
sitting Senators and Representatives; and
made It necessary for the members of the
next succeeding Congress to serve for moth
ing or to regulate their own compensation.
An act was accordingly passed by the
next Congress, approved January %, 1918,
providing compensation at the rate of So
per day, and 50 for each twenty miles Of
travel. This act was retrospective, ex-
tending back to March 4, 1877.
On the sixteenth Of August, 1886, an act
was approved changing the mode of pay
ment from IS per day to a salary of SO, 600
per annum, with mileage as before. The
third section made this act applicable to the
Congress which passed it.
The seventeenth section of an act APP
proved July 2s 1866, provides that each
Senator and Representative shall receive as
compensation So, 600 per annum, ito be
computed from the first day Of the present
Congress- and twenty cents per mile for
travel, being one-half Of the former rate,
but excepting from tsis< reduction of
mileage the accounts which had already
accrued. Hence, for that session the nile
age remained as before. although the salary
was increased from three to i've thousand
dollars, relating back nearly a year and
half.
The recent act passed at the close of the
last Congress provides for compensation at
the rate of 81 500 per annum, and actual
individual travelling expenses of the mem
bers for the future Cofgress. and 81, 500 per
annum, ds9neieg tkeFfffom az ailoro7ce for
mileagr stationary, etc, fgr the members Of
the Congress which enactfd il, and NOT al
lowing sren actual csgeasesQf fra1sling