The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-06-13

New ORLEANS, June II, 1875.
Charles Clinton, Esq.,, Auditor Of Public Ac-
counts:
Su-I do not now recall single instance in
public officer concerning the duties Of his Office.
do so now, not for the purpose Of annoying
you, but to make few suggestions relative to
the payment of the salaries Of judges. You can
have no motive in postponing it, whilst they suf-
fer ss often ~ it occurs. address your under.
standing. ss operated on by your oa' h OF Office:
You have sworn to support the Constitution Of
this State, according to your ability and under.
standing. Let me here remark that even those
most inimical to you do not question either your
possess both. Compare the following provisions
OF the Constitution and laws OF this State:
Art. 50. Con. The members Of the General
Assembly shall receive from the public treasury
compensation for their services, which shall be
eight dollars per day during their attendance,
going to and returning from the SEES ions Of their
respective Houses" You will admit that any en-
.ctment Of theirs, or any sanction Of yours.
manner or form, to pay them more than this, is
clearly unconstitutional They number, II be-
heve,) ON joint ballot, one hundred and forty
eight members. They were in session ten days
for their mileage and per diem.
The Governor approved the act, and you have
either paid or have sanctioned the OF this
sum. Is the act constitutional? Do you so un
ut once, Of this suggestion.
Again, they have made their warrants for this
eight dollars per diem receivable in payment OF
Licences, ETC., thus attempting to give them pref
they had passed an act to have me paid my sal
airy in preference to that of my brother judges;
would you consider such an act binding on you !?
Let me apply the law Legislators are paid So
Judges are entitled to 5000 per annum by the
S4th article of the same COnstitiOn.
The legislative and judicial departments are
eo-equal branches Of the SINE government
therefore equsls, which the government, ss .
whole, should uphold as such. Wherein is the
constitutionality of any act to be found, which
authorizes the Legislature to prefer itself in the
sequent subordination Of the Judiciary! Il the
compensation Of one any more sacred to the Con-
stitution than the other? II such so-caUtd legls-
lation is binding at ALL what is to prevent the
Legislature from perpetually absorbing al the
to the general fund, and thereby effectually pre-
venting the judges from ever realizing one dol
lar Of their salaries!
You will not fail to understand that, il it can
give Legislative warrants q preference for one
hour it can do for the whole term of the judges
yea, through all time. Add to this the other
fact suggested. If it can appropriate one per
cent for per diem more than the eight dollars
allowed by the Constitution, it can appropriate
every dollar Of the general fund. That instant it
can depart from or rise su erior to the limits OF
the Constitution with impunity. it is at liberty to
drive with coach and four over the entire do
main Of constitutional government. Do you thus
understand the Constitution? do not suggest
that you should disobey legislative enactment
whenever it Is merely Of doubtful constitution
atty.
sir you are authorized to, and would be protected
in sternly refusing to give force and efficacy to
any act, the unconstitutionality OF which, is IS
demonstrable as any problem IN Euclid. know
it has been customary for Legislators to appropri-
nent Of their mileage. Travelling committees
have been multiplied beyond, far beyond neces-
sity, the result, II not the purpose, Of which has
been to increase legislative expenses and to en-
rich fayorites. have searched the Constitution
in vain to find one syllable in it which author
ICES the payment Of mileage to members Of the
General Assembly.
They shall receive for their services (which I
dollars per day during their attendance, going to
and returning from the sessions Of their re-
spective bodies" and not one cent over. Do you
understand the Constitution to mean that they
shall receive eight dollars per DAY during their
Ing from the sessions Of their respective bodies
II these enormous annual expenses are unconsti-
tutional should they not be rejected by an officer
sworn to support the Constitution TO the best OF
his understanding and ability? And i they wero
eliminated from among the objects Of the Gen.
erl Appropriation bill, might not an oppressed
people feel some relief whilst they might behold
5heir pledges paid and the eelf-respect Of the
State government restored? No court in this
STATE can lend its authority in coerciDg You to
obey any law which is clearly unconstitutional:
Judges know they are entitled to the punctual
quarterly payment Of their salaries.
The Constitution and laws 80 declare, and 1t il
not in the power Of the Legislature or any one
else to destroy or to circumvent this right con-
stitutionally. II it is not then sir. your ability
TO 90 manage the general fund % to insure our
payment is made apparent, and We think it con-
the universal desire Of the people, who are
taxed for tho purpose, that We should be paid.
wish to present other suggestions, but must
close this letter with what has been said with the
assurance that I am, respectfully, your obedient
servant. E. NORTH CULLoM.