The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-05-26

mileage between the State Treasurer White
and Ex-Judge Tapley, a member of the Leg
islature of 1875. The printed form of the
request sent to Judge Tapley was this
STATE OF MAINE.
In COUNCIL, April 1e, 1879.
Ordered, That the Treasurer be directed to for
ward 10 each OF the members and attaches of the
Legislatures for the years 1872, 1878, 1874 1875,
1876, 1877, 1878 and 1879, respectively copy of
the opinion of the Judges of the Supreme Court up
ON the subject of mileage in response to questions
submitted to them by order of the Governor and
Council March, and that the same be accom-
paid to and received by each and request that the
amount be returned to the Treasury without delay.
In COUNCIL, April 16, 1879.
Read and passed by the Council, and by the Gov
ernor approved.
-. Ell. COVE, Secretary Of State.
A true copy-Attest: Z. H. COVE.
BANGOR, March 10, 1879
Hon. ALoNzo GARCELoN, Governor Of Mdne-Sir:
10 the questions proposed we have the honor to
By r. s., ch. 115, sec. 6, "each member of the
Senate and House of Representatives shall be paid
an annual salary of one hundred and fifty dollars
for the regular annual session of the legislature and
two dollars for every miles travel from his place
of abode once in each session." The limitation of
once once in each excludes the idea of more than once
titled.
fest by recurring to the provisions relating to Fees
and Costs in ch. 116. 1t is there seen that when
the Legislature intended fees for travel both ways
this intention is expressed in language which leaves
no doubt on the subject.
Thus by sec the travel of the Sheriff and his
Deputies is four cents mile, ''the travel to be
computed from the place of service to and from the
place of return by the usual way" Appraisers on
execution levy are entitled to trave tthe rate of
-cents mile going and returning home" Jurors
and witnesses by sec. IL are allowed six centsa
mile for their travel out and home"
When there is to be travel but one way it Is
specially so limited as by secs when Coroner is
allowed "ten cents mile for travel from his resi-
dence to the place of inquest, while by the same
secton tne Ju[yman is to receive flour cents mile
The members of the House and Senate are there
fore not by existing law entitled to two dollars for
every ten miles OF travel returning home to their
respective places of abode.
The travel Of members of the Legislature to the
sherifs and others "by the usual way ''' u '"'
JOHN APPLETON, wM. wIkT VIRGIN,
WILLIAM G. BARRows, ARTENIAS LIBBY,
CHARLES DANFoRTH, JOS. w. SYMoNDS.
STATE OF MAINE,
y, TREAsgRER's OFFICE, AUGUSTA, May l, 1879.
To Hon. Rufus P. Tapley.
Dear Sir:As directed by the order Of the Council
of the 10th ult and in accordance with the opinion
of the Supreme Court relating to the matter Of mile
age you are respectfully requested to return this
office the sum of SIT that being the amount of ex-
cess of travel you received for the Legislative ses-
sion of 1875. Yours Respectfully,
CHAS. A. WHITE Treasurer
The following is Judge Tapley's reply:
SAco, May 9, 1879.
Hon. Chas. A. White, Treasurer of State.
Yours of date of May /, 1879, asking for re-
turn of SIT, was to-day received, and in reply
have to say By the 7th section of the 4th article
in Part Sd OF the Constitution of Maine, it is
provided, that
The Senators and Representatives shall receive
such compensation as shall be established by tlaw
put no law increasing their compensation shall take
erect during the existence of the Legislature which
enacted IT,. THE expenses of the House OF Repre-
sentatiyes, in travelling to the Legislature and
turning therefrom, once in each session and
more, shall be paid by the State out of the public
treasury TO every member, who shall reasonably
attend in the Judgment of the House. and does
not depart therefom without leave"
The members of the House of Representatives
have thus constitutional right of reimburse,
ment for such expenses, which right cannot leI
ultimately be abridged by any Legislature
while this provision stands in the Constitution.
1t will be perceived that this section deals
with compensation and Expenses of travel
ling as separate and independent subjects and
puts one under limitation of change leavinS
the other to be regulated by each Legislature'
One is to be fixed by law-"established hv
law''-contemplating permanency of rate: the
other is not required to be established. hut
may be fixed at each session.
The present revision of the statutes of this
State went into operation the first day Of