The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-04-19
Tkr Bulletin.
OFFICIAL SALARIES
Can They be Increased or Dimin-
Ished During Terms OF
Officer
Armament of Hon. =. +. AtbrtSnf, OF
lack sOu County. In the H0use
of Represenunttvcs, April
10th. 1877.

reducing tne salaTNs VI tic iaito"i ah'
warehouse commissioners In the nous
yesterday, Mr.. Albright. Of Jackson, de
livered the following able and interest
ing address:
Mr.. SPEAKER: The consideration o
this bill has suggested important ques
lions which should be determined before
the roll is called upon its passage. A
this time it is my purpose to discuss
several OF these questions, in the hop
that what shall say may aid the mem
bers in arriving ut wise conclusions II
reference to them. l therefore ask tn
attention of the house.
THK PURPOSE OF THE BILL
Is to diminish the salaries of certain
officers of the state. TO diminish to-
high salaries is without doubt the dut.
OF the general assembly; but the reduc
ton must be made under the provision
of the constitution, aud therefore n
member of this house, however anXiOu
he NAV be to diminish the salaries ii
question, however firm he may be in tn
opinion that they are too high, can con
scientiously vote for this biii II he ma,
any doubt that the constitution does not
nhbit the proposed reduction.
This fact makes important this ques-
ton: Does the constitution of the state
fairly construed. inhibits the general
assembly from diminishing the salaries
of the officers whose salaries are
proposed to be- reduced by the pending
bills
The officers are the railroad and ware
house commissioners. The term Of the
present commissioners commenced jan
uary lst last, and will end December 81,
1878. The salary of each commissioner
is So, 800 per annum. The bill pending
proposes to diminish the salary to II. 800
per annum. and make the reduction apply
10 the present commissioners as well As
10 their succe ssors in Office. That the
salaries fixed in this bill. il enacted.
would be the salaries of the successors OF
the present commissioners, is doubted
by no one; but it is not so evident that
the general assembly may constitution
ally reduce the salaries of the commits
sioners now in office during their current
term OF office. Indeed, there are strong
reasons tor the assertion that this cannot
be done, some of which propose now
to state to your hearing.
CONSTITUTIONAL PROVISIONS.
No change can be made in the COM
pensation vi members OF the general as
sembly during the term tor which they
may have been clected.-Lf. ". SIC.
Fl, Constitution.
The salary OF neither the governor
lieutenant governor, secretary OF state
auditor of public accounts, treasurer, SIT
perintendent of public instruction, MOI
attorney general can be either increased
or diminished during his official term
Art. Y, Sec. 20: Constitution.
The salary OF neither OF the judges o
the supreme court can be increased o
diminished during the term for which h
was elected.-Ayt. VI, Sec. !, Constttt
ton.
Ine salary OF n.iti,,i vf ia. judges {
the circuit court can be increased or d
mlnished during the term for which h
was elected.-A1f. VI. Sec. 10, CoHstit,'
ton.
The salary OF neither OF the judges o
the superior and circuit courts, nor o
the states attorney, OF Cook county,
can be increased or diminished during
his continuance in Office. Art. VI, Sec
7, Constitution.
The tees, salaries or compensation o
no municipal officer, who is elected OF
appointed tor definate term OF office
can be increased or diminished during
such term.-Art. IA, Sec. II, Cons HtH
ton.
The compensation Of no county Off Ger
can be increased or diminished during
his term OF ottice.-Art. Y, Sec.l0, Cons
titution.
WHAT THEY INDICATE, AND AN ARGu
MENT.
These constitutional provisions midi
cate, in my opinion, a purpose on thu
part Of the trainers of the constitution t,
provide that the salaries OF all officers un
der the constitution-the salaries of tn,
incumbents Of all the public offices in III,
state, those created by law under tn,
constitution as well as those established
by the instrument itself--shouldb be Meth
er reduced nor increased by the genera
assembly or by county or municipa
authority during the official term
of such officers. But, strange as il MAY
appear, the abundant caution OF the con
stitutional convention OF 1870, which in.
duced II to repeat i'll every article of the
constitution mentioning the salaries o
officers, the emphatic words: 1.-The fees
the salaries, the compensation shall b.
neither increased nor diminished during
the terms Of Office" has furnished al
argument to prove that the salaries O
certain officers created by laws enacte,
under and by authority OF the constitu
creased by the general assembly DURING
the official term of such officers. In hi
sa,9piniou," dated February 70 last, an,
the senate Don. F. Plumb, chairman O
,nr r ,U Etfsan .ay {. -ailrnaas Al
"Hsd 8. ueen the design OF the trainer
of the constitution TO make this principle
universally applicable TO all such officer
(ofhcers elected or appointed under or il
pursuance of the constitution or laws o
the stale), a simple section TO that eiiec
would have declared their purpose, AN
IL would have been unnecessary to repea
the same 80 frequently in connection wit
distinct classes OF officers"
The attorney general speaks wit
great assurance, and is entitled TO do 81
because Of his great ability; but eve
greatness in law sometimes stumble,
and in this matter the law adviser OF Ia
state has been thus unfortunate. Ii
not, ] submit; . correct construction I
Z say: Had IL been the inteation OF III
law maker to do certain thing h
some other manner tina
in the manner in W bic
which it is said he did do it," But thI
is the rule by which Attorney-Genera
Edsall has satisfied himself that the ~
thors OF the state constitution did no
intend, when they wrote the instrument
70 make the principle that salaries shOul
De neither increased nor diminished dur
ing otnclal terms universally applicabl
70 all officers elected or appointed unde
or In pursuance OF the constitution O
laws OF the state. With the learned a,
torney-genersl am compelled to taxi
issue on this question, and believe
shall not fail to convince you that il wa
the design OF the trainers OF the consti,u