Richland beacon., 1875-06-19
From n q. Bulletin
An 0pen Letter to Clinton.

liberty Of addressing public officer
concerning the duties Of his Office |
do so now, not for the purpose Of an
moving YOU, but to make few su~-
gestiuns relative to the payment of
the salaries of judges. You can have
no motive in postponing it, whilst
they suffer as often as it occurs. |
address your understanding, as
operated on by ycur oath Of office.
You have sworn to support the Con-
s,itutiun Of this State, according TO
your ability and understanding. Let
me here remark hat even those most
inimical to YOU do not question either
your ability or your understanding.
| am sure YOU possess both Com
pare the following provisions of the
Constitution and laws Of this State:
Art 80, Con. "The members of the
General Assembly shall receive from
the public treasury a compensation
for their services. which shall he eight
dollars per day during their attend
ance, going to and returning from the
sessions of their respective Houses.
You will admit that any enactment OF
theirs, or any sanction Of yours,
(oficial of course, which is calbula-
ted, in any manner or form, to pay
them more than this, is clearly uncOn-
stitutional They number, G be-
lieve,) on joint ballot, one hundred
and forty-eight members. They were
in session ten days at the Extra Ses
sion, and appropriated $4,000 for
their mileage and per diem.
The Governor approved the act,
and you have either PAID or have
sanctioned the payment of this sum.
Is the act constitutional ? Do you so
understand the 39th article? If SO,
there is end, at once of this sugges-
ton.
Again, they have made their war
rants for this eight dollars per diem
receivable in payment of licenses, etc,
thus attempting to give them a pref
erence, and you have sanctioned il.
Suppose they had passed an act to
have me paid my salary in preference
to that of my brother judges would
you consider such an act binding on
you? Let me apply TIE law: Legis.
lators are paid IS per day by authori
tv of the Constitution; District
Judges are entitled to $4,000 per an
mum by the 34th article of the same
Constitution.
The legislative and judicial depart
ments are co-equal brances of the
same government-necess int
grals of the same unit. They art
therefore equals, which the govern
) meut, as a whole, should uphold a.
such. Wherein is the constitution
ality of any act to be found, whicl
authorizes the Legislature to prefe
itself in the payment of its per diem
and the necessarily consequent sub
ordination of the judiciary? Is tn
compensation of one any more sacre'
to the Constitution than the other
If such so-callled legislation is bind
ing at all, what is to prevent tb
I Legislature from perpetually absort
, ing all the annual revenuas Of th
l State, belonging properly to the gen
: eral fund, and thereby eifectually pr,
venting the judges from ever realiz
:, ing one dollar of their salaries? ?
You will not fail to understan
that, if it can give legislative wal
rants a preference for one hour, it ca
do so for the whole term Of th
: judges; yea, through all time. Ad
to this the other fact suggested.
it can appropriate one per cent for pt
u diem more than the eight dollars a
a lowed by the Constitution, it can al
8 propriate every dollar of the gener;
= fund. That instant it can depal
D from or rise superior to the limits I
u the Constitution with impunity, it
L at liberty to drive with a coach al
IS four over the entire domain of co
stitutional government. DO you tbl
"a understand the Constitution l
IT not suggest that you should disobey
W legislative enactment whenever it
re merely IF doubtful cons,itutionalii
Even he courts will not 90 81 ia
- but certainly sir, you are authorize
,r to, and would he protected in stern
III refusing to give force and efficacy
a any act, the uncon-titutionality
of which, is as demonetrable a. al
probled in Euclid | know it b
been customary for legislators to a
,s- propria.e large sums Of the pub
m. money for the payment Of their mi
" age. Travelling committees have be-
as multiplied beyond, far beyond nec'
he sity, the result, if not the purpo:
IS. of which has qeen to increase legis
tive expenses and to enrich fayorit'
IL ! have searched the Constitution
in vain TO find one syllable 10 it wbi
er- authorizes the payment of mileage
I'm members of the General Assembly.
"They shall receive for th'
services (Which | understand to me
lat their entire services) eight dollars
is. day during their attendance, going
'se and returning from the sessions
ST. their respective bodies" and not
dy cent over. Do you understand
i'm Constitution to mean hat they sh
receive eight dollars per day duri
their attendance, etc, aid mllea
a going to and returning from
ar. sessions Of their resp' Give bod
If these enormous annual eSpch