Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1881-03-30

Some time ago Representative La
Touche of Lackawanna county, becom-
ing tired of the ceaseless talk in the
House, to the great hindrance of legis-
lation, and fully impressed with the
idea that it is the mission of some peo-
pie on earth to talk others to the verge
of distraction, and that these people get
into the Legislature through the over
weening confidence of their constituents
fully impressed with this, and more,
too, Representative LaTouche be-
thought him of some manner by which
an end could be put to the talk, and the
Legislature, could be compelled to get
down to hard work Nothing will
touch an average members heart 80
quick as raid on his pocket-book, and
Mr.. LaTouche bad a very brilliant
thought when be wrote to the State
Treasurer and Auditor General, max
ing inquiries in regard to the construc-
ton of the law providing for the pay.
ment of the salaries of the members OF
the Legislature, with the more practi-
cal view of ascertaining whether they
drew the extra pay of $40 per day for
the extra days served over a hundred
by authority. The State Treasurer and
Auditor General, ON receipt OF Mr..
LaTouche's letter, conferred and decid-
ed that as this was grave question OF
law, they would submit it to the Attor-
new General and be governed by his
opinion. They accordingly sent him a
copy of Mr.. LsTouche's letter with the
remark that ''as the law officer of the
Commonwealth We feel confident that
your opinion in the premises will be in
accordance with the law and the Con-
stitution"
l. The Attorney General. after consid-
ering the matter, rendered decision
(which virtually reduces the Legislative
session to one hundred days, iuasmuch
as he says in it that no compensation OF
ten dollars per day can be received by
any member after serving one hundred
days, and if the session is prolonged
the compensation is included in the sal
ary of one thousand doliars.
Attorney General Palmer enters
upon his opinion, as follows:
1.-THE 9Th section Of the end article OF
the Constitution provides that "the
| members of the General Assembly shall
receive such salary and milage fer reg
ular and special session as shall be fix-
ed by law and no other compensation
whatever for services en- committees or
otherwise. No member of either house
shall, during the term for which he may
have been elected. receive any increase
of salary or milage under any law
passed during such term"
On the llth of May, 1874 (P. Ll29),
the General Assembly liked by law"
the salary and milege to be received by
members.
The act, so far as material, Is as fol.
lows: "The compensation of mem-
bers of the General Assembly shall lie
one thousand dollars Cor each regular
and each adjourned annual SESSION not
exceeding one hundred days, and ten
dollars per diem for time necessarily
spent after tho expiration of the hun
dred days: Provided, ho,Cecer, That
such time shall not exceed fifty days at
any one session."
"Thc question to be resolved is
whether this act is in conformity or in
conflict with the provisions ofthe Con-
stitution. and its determination involves
construction of the section quoted"
Decisions Of the Supreme Court in
volving the construction Of the Consti-
tuition are quoted, and then the intent
of the farmers OF the instrument as
gathered from the consideration of the
circumstances attending the formation
are commented upon. and the Attorney
General concludes as follows:
Therefore we may certainly conclude
as well from the unambiguons language
of the Constitution as from considers-
tion Of the circumstances attending Its
formation and the mischief to be rene
died, that the convention intended to
provide salary for the members ofthe
General Assembly, and that by sal
ary they meant stipulated perioIi-
cal recompense," as distinguished from
a per diem compensation.
Does the act Of 1874 effcctuate this
constitutional reform !?
1t first provides salary of 81 600
for session not exceeding one hundred
days. If the session continued but
half hundred days, the salary of
81 900 would be earned, and doubtless
would not be declined. 1t then allows
a per diem compensation of ten dollars
for such additional time as may be nec-
essarily spent, not exceeding fifty days,
thus comforting both salary and daily
pay. The time is limited to fifty days.
but the right to provide additional
compensation beyond the salary for
fifty days implies the right to confer it
for three hundred days, or as long as
the General Assembly may choose to
sit and take it; and it further implies
the right to fix per diem compnnsa-
tion for as MANY days as the General
Assembly may choose to hold its ses-
sions without reference to salary,
thus perpetuating the very evil sought
to be rcmedied by the convention. If
this part of the act is rot in irreconcla-
BILE conflict with the provision that
members shall receive mo other COM
pensation whatever" besides a sainry,
then for this case, all established rules
of construction fail, and all common un.
derstanding Of plain words is at fault
The Constitution commands that the
members of the General Assembly
shall be compensated for their services
by salary and salary only, All 9th
er kinds Of compensation are expressly
forbidden. No man will say that, in
face of these provisions Of the organic
law, the General Assembly could pro-
vide for paying is members exclusively
by the day. To pay partly by a salary
ard partly by the day is as palpahle an