Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1875-07-17
EIANDAMUS.
Ehe Construction OF she Legislative
Revenue Bill Sought.

EeshviIle Banner, l5th.l
- maRdamUS suit was tried before
Judge Baxter yesterday. 1t was the
case Of Neil :. Brown, jE., UerSlGS Comp
trOiler Gaines. The following charge of
Judge Baxter to the jury contains the
summing Up of the points involved:
Z" If the relat0r prepared or assisted in
preparing indexes lOr the journals OF the
senate and house Of representatives, he
is entitled as compensation 10 two hum
dred dollars The statute made it his
duty to remain a sufficient length Of
time after the adjournment of the legis-
latuTe to file all pspers OF the house, Of
which he was clerk, aud for the time re-
quired for filing and completing the
same he is allowed the per diem pay
that was paid for his services as clerk
while the legislature was ia session, which
it was said was six dollars per day. The
legislature also made il his duty, in con-
junction with three other clerks, to have
published the journals Of the general as
sembly, and for the above services the
comptroller is directed to issue his war
rant to each Of said clerks respectively
for thirty cents per page for copying and
experimenting printing said journals,
and the question is whether each one OF
those clerks is entitled to thirty cents
for every page contained in the jour
nails, or whether it was the intention OF
the legislature to pay thirty cents per
page for copying and experimenting
the printing OF the journals, and the
amount to be divided between the
four clerks according to what each
one did. / am constrained to say L
think the latter the true construction. l
think so, first, because l think the lam
gusge will fairly have that construction;
because that seems to be the highest
price heretofore paid; and third, because
If that is not what the legislature meant,
then it meant to give those clerks double
as much as they claim for the act di-
Tects that they have published the jour-
nas OF the general assembly. The gen.
eral assembly consists Ct the senate and
house Of representatives; and if each
clerk is to have thirty cents for every
page OF the journals of the genersl as
sembly, he will be entitled to
thirty cents page not only
for the house, OF which he was
clerk, but also OF the ether house, and
that would be to allow four times as
much as has ever before been paid. IF
the Jury should believe that il was ne
cessary, in order TO complete the journals
for publication, that The clerks should
have had the papers with them for in
spectiOu and examination, in order that
they might correctly superintend the
printing u the journals, then the jury
will allow the per diem for the time they
so had them II the proof shows that
it was necessary to return any pa
pers directed to be filed until the
iuTnals had been copied and printed,
the rentOr wO1ld be entitled to his
per diem for so much time as was re-
quired to prepare and file them after the
journals had been printed. In accord
srce to the above charge, the jury re-
turned the following verdict in favor of
mir. Brown: IndeXing journal Of the
house, 5000; ten days for fling papers,
$50; 1000 pages at thirty cents per each
page, for copying and experimenting
the printing Of journal, $500; total, $3.50.