The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-04-28
compensation is not violative OF article thirty
nine of the State constitution.

payment OF members does not mean and In,
tend that when such change is made It shan
apply to ell the members Of the General AS
sernbIy without discrimination and that there
is no authority under the same to increase the
pay Of any member, whether he be speaker
or occupy any other position OF IIust anu
confidence, without likewise increasing that
of all the other members.
On which the Committee on the Junlciafy
reported April 10, same journal, page al. flrst
column. as follows, viz: "The committee on the
Judiciary. to whom was referred the resolu-
ton of MIR. Bush instructing said committee
to examine and report as to whether sectlon
1899 of the Revised Statutes allowing the
Speaker additional compensation Is not
yiolatiye of article 80 OF the State oonstitu-
ton, have the honor to report that Ia their
opinion section 1882 Is not vlolative OF article
80 Of the constitution. That The compensation
of eight dollars per day to the Speaker is q
salary of office and not additional compensd-
tion alIolged TO him az O member"
Now, am still Speaker, notwithstanding
your funera! Grafton burying me as the LATE,
and under the construction preceding 1877,
and that which may be drawn from the re-
port of our Judiciary Committee, may prob
ably have been entitled as Speaker to my
salary of eight dollars per day until my term
of office expires on the evening OF the next
general election.
Be this as it may, have never received one
cent from the State treasury, either as mem
Der or as Speaker, for services rendered, ex-
cept for the period when the Legislature was
in session; but experimenting that my con-
cepted in the same light by those to follow
me, and that section 1882 might be used for
slight depletion Of the treasury, l used my
very best efforts to have the necessary
changes made by the Legislature OF 1878, and
regret to say that success only partially at
tended those attempts. By reference to the
journal of the House, regular session Of 1878.
it will be found that two series OF resolutions
were presented by DR.. Ryiand, some OF which
bear upon this subject; p IL, second column,
40. That the Speaker OF the House, the
chairman of the Committee on Contingent
Expenses, and the chairman of the Committee
on Enrolment, shall not be allowed or paid
for services rendered after adjournment for
which they shall be paid their regular per
diem"
Page "a, first column, fourth days pro-
ceedmgs, January H.:
a7. While the Speaker is provided with a
secretary and messenger, to preclude him
from any compensation other than that al
lowed him as q member, and Tor services rem
dered by him during vacation, for which he
will be entitled to his regular per diem and no
more"
These resolutions aimed at removing the
pernicious practice which, it was said, had
prevailed of permitting the Speaker to re-
ceive additional compensation when ser
vices had not really been performed, and
must add were prepared by me and presented
at my request by DIR. Ryland, with view Of
annulling the compensation and authority to
draw therefor, conferred by section 1889 of
the Revised Statutes, except for services ac-
tually rendered during vacation.
1t follows, think, that had | desired to be
paid for services performed during vacation
without consulting the Legislature might,
under the authority of presidents and the re-
port of the Judiciary Committee, have quietly
drawn my warrant and no one, perhaps, have
been the wiser. But this course did not ap-
prove, and therefore did not adopt, preferring
to make my report to the House in the Ian
guage which you have published with SO
much delactation and criticized with SO much
bitterness, that the Legislature might in it's
wisdom compensate me for extra services
performed, until then without remuneration,
and fix the rate Of compensation.
| The question follows as q natural sequence
edo consider that the Speaker is entitled to
compensation for extra services performed p
and my answer is, without qualification,
yes. When an officer performs services, fol-
4 which he receives no compensation whatever
he is, in my opinion, justly entitled to re-
muneration; and that upon sound principle
| too, for the simple reason that poor man is
equally entitled to occupy the chair of Speaker
as man of means. We're it otherwise, a
member of limited means, residing, for in
stance, at Shreveport, being elected Speaker
could not, unless he were to receive com
/ DeI1ShblOu, hbJbIlu VI Vic pAlIh auUl6S vi lie
office, and would, therefore, neglect them.
and probably relinquish his position; while
| the rich man, his neighbor, could; which
would be an unjust and invidious discrimina-
| ton which might work great injury and de-
| priye the State of the services of perhaps one
of the most valuable of it's servants, only be-
cause he did not happen to be possessed Of
this worlds goods.
Therefore, upon principle ] placed the
question of compensation before the Legisla-
-4,<I
allowance understood it correctly. But then
why did subsequently refuse the compensa-
ton? Again upon principle By the first
vote given by which the resolution was de-
feated | noticed that fifty seven Democratic
| Conservative members voted, whereof twenty
five in favor and thirty-two against the reso-
luton; and on the final vote, when the resolu'
! ton passed, that forty-nne Democratic-Con
servative members voted, whereof twenty
two in favor of and twenty against the
resolution. ] therefore concluded that as a
party the Democrats and Conservatives, as
manifested by their votes, disapproved this
allowance and for that reason and that
alone, declined the proffered remuneration
with thanks, which | again unhestatingly
tender to those who favored the resolution.
Is there such analogy between the position
of Auditor and that of Speaker as to justify
the charge of Inconsistency which you prefer
against me2 think not. That OF Speaker
have already fully explained Now, what Is
| the position Oh inc audltOTf Inc constitution
provides that one shall be elected, without
defining his duties, at a salary of $4,000 pei
annum There is therefore covenant be,
tween the State and the incumbent Auditor
for his whole time to be employed, both
physically and mentally to the best of his
ability, for the benefit and advantage of the
| State: SO that for the day when he is not oc-
cupied he receives precisely the same salary
as for the day he has been necessarily en-.
gagged. The Legislative department can and
does specify what shall be the duties OF this
officer. These can be changed and modified
abridged or increased within the scope Of the
duties appropriately appertaining to the gen,
eral superintendence Of the financial affairs
of the State by the legislative will at pleas
ure, without impairment OF the agreement
In 1877 the Legislature increased this super
vision by directing that the Auditor should
o be boara S bs a nac as in thy
keeping of the proper State officer the
custody of oil the valuable papers placed
before the board. and did not proride for any
odJ tn bot Sffi b1