The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-04-19

al tho civil Objects, lncluuluB county Ot-
ncerss are named In this article In the
same sense that the railroad and ware
mouse commissioners are named; that all
omcers named In article V must pay
tneir ices into the stats treasury; that II
the county officers are named, they must
pay their fees into The state treasury; that
THIS statement proves county officers TO
DE not named in section 20, and this fact
proves that the railroad aud warehouse
commissioners arenot named In section
lO. This is as badas the notaries public
argument. 1t scarcely merits reply.
Section % prescribes an oath. lie is about
an oath, and about nothing else. The
oath, it is true, is al official one; but no
good lawyer, unless he should think In
haste as the attorney general evidently
did while writing this part OF his "opin-
ion," would be guilty Of asserting that
section % names officers or refers to
them In the same sense that certain Off
GERS are referred to and named in section
10.
SUMMARY.
Mr.. Speaker, have clearly shown that
the Intention OF the members OF the con-
stitutional convention was to prevent the
general assembly from doing in respect
TO salaries OF public officers what it is
proposed we shall do by the enactment
OF this bill. have also, am sure, not
failed to convince you that the people,
when they voted to adopt the constitu-
ton, having before them the formal adj
dress of the convention explaining the
most striking provisions, believed that
they were ratifying an instrument that
would prevent such legislation. ! have
oil hxy. e ;.,l. a,
the constr ution harmonizes. in the mat
ter OF official salaries, with the intent of
the trainers of the instrument and the
wishes Of the people.
1t may be said that | haye drawn my
opinion Of the meaning of article ' from
evidence outsrie its language. Bat this
fact does not weaken my position. |
have high authority for saying that "con-
struction is the drawing of conclusions
respecting subjects that lie beyond the
direct expressions OF the text. from ele-
mentS known from and given in the text
conclusions which are in the spirit
though not in the letter of the text. -
Iicber. BY this rule of construction
have been directed. and by it have sat
isficd yself that the constitution inhib-
its US from diminishing or increasing any
salary OF any public officer during his
term OF Office.
WHAT A DOUBT REQUIRES.
| do not, however. lay to my soul the
ilattering JUNCTION that have convinced
the friends OF this bill that they are the
advocates OF a bad measure, but | do not
believe that most of the members of the
house doubt--no matter how indistinet
the doubt may be-but doubt, neverthe-
less, the coDstituiionality of this bill
What, if this is true, is the duty of such
members; Let one OF the most distin-
yuished of American law writers reply
for me. Judge Cooley, in his "Consti-
tutional Limitations" says:
But when all the legitimate lights for
ascertaAning the meaning of the consti-
tuition have been made use of, it may
still happen that the construction re-
mains a matter OF doubt. In such case
it seems clear that every one called upon
to act, where, in his opinion, the pro-
posed action would be of doubtful con-
stitutionality, is bound upon the doubt
alone, to abstain from acting. Whoever
derives power from the constitution to
perform any public junction is disloyal to
that instrument, and grossly derilct in
duty if he does that which
lie Is not reasonably satisfied
the constitution permits. Whether the
power be legislative, executive or Judi
cial, there is manifest disregard OF con-
stitutional and moral obligation by one
who, having taken an oath TO observe
that instrument, takes part in an action
which he cannot say he believes to be no
violation Of lis provisions. A doubt of
legislative enactment should, in any case.
be reason sufficient Tor refusing TO adopt
il: and II Legislators do not act upon this
principle the reasons upon which are
based the judicial decisions sustaining
legislation in very many cases will cease
to be of force"
These are weiglty words. Upon their
suggestion hope you will act.
If THE ELL Is CONSTITUTIONAL SHOULD
1T BE PASSED
But suppose the constiturionality Of
the pending blu were not in question.
For the sake of the argument VIII admit
now that we have an undOubted constitu-
tional right to pass this bill Having the
right, ought we 10 enact the bill:
Undoubtedly the constitutional con-
vention, by so many times providing in
the constitution that salaries should not
be touched during the term of certain
state, county and municipal officers, had
in view purpose. What was that Dur.
poser 1t is not in doubt Every intelli-
gent citizen OF the state knows. IT was
to drive out OF the lobbies of the general
assembly officers anxious to have their
salaries increased or not diminished. The
convention said to all the officers men
toned in the constitutions you need
not 90 into the Hobbies. Your salaries
cannot be increased nor diminished dur
ing your term OF office"
Did not the convention speak wisely in
saying this Your reply know would
he unanimously in the affirmative. IL
then you can speak the same words 10
the officers OF the constitution neglected
TO name, should you not do so? The
reasons that induced the constitutional
convention TO adopt so many provisions
torbidding the reductions or increase of
salaries during the terms OF officers are
all appealing 10 you 10 defeat the pend
ing bill. Its defeat will notify all officers
appointed by the governor that they need
not enter the lobby anxious about their
salaries. Its defeat will be an assertion
that the general assembly will abide by
the undoubted spirit OF the constitution,
and will neither increr.e nor decrease a
salary during any officers term OF office.
On the other hand, the passage Of this
Dill viii be precedent that may plague
r rod q, oIlo. To-day the proposition Is to
Itt'oce' tomorrow it may be to increase
we may make salaries low. NAV
hn lhem high. The consequences viii
n swarm OF the busiest kind of busy
n iUoo. 9ees buzzing 10 have salaries in
ra da,eu or TO prevent them from being
'''uGel' These bees--buZZing buzzins!
TWll always
And gather honey all the day
From each official flower.
Cut down the salaries OF these commits