Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1881-08-03
LEGISLA TIVE PAY.
THE OPINION IN THE EXTRA
SALARY CASE.



mus aud Answer Thereto.
BY the Court; The pleadings IN this
case raise single question, Is the
plaintiff as a member Of tho Legisla-
lure of Pennsylvania, entitled to re-
ceive out Of tho Treasury OF the State
the sum of five hundred dollars in ad-
dltion to the salary, mileage, etc, al
ready paid him for his services during
the session of 1887 That depends
on the constitutionality Of the first sec
tion of tho act Of the llth Of May,
1874, making compensation TO the
members of the General Assembly in
these words: "That the compensation
of members of the General Assembly
shall be one thousand dollars for each
regular and each adjourned annual
session, not exceeding one hundred
days; and ten dollars per diem for
time necessarily spent alter the expi-
ration OF the hundred days; Provided,
however, that such timo shall not OK.
ceed fifty days at any one session"
Mileage is also provided for, and also
adjourned or special sessions at the
same rate per day. 1t is conceded
that the session OF the Legislature OF
which the plaintiff was member in
attendance, continued for one hundred
and lifty-oight days, terminating on
the 9th day of June, 1881
The provision Of the Constitution
under which this law was enacted is
in these words as found in section
eight of the second article "The MON.
bers of the General Assembly shall re.
ceive such salary and mileage for reg
ular aud special sessions as shall be
fixed by law, and no other compensa.
tion whatever, whether for service
upon committee or otherwise, No
member OF either House shall, during
the term for which he may have been
elected, receive any increase Of salary
or mileage under any law passed dur.
ing such term"
One main question to be determined
is what was meant by the words ''sal-
ary as shall be fixed by law2' Was
il intended to give q salary as gener-
ally known and understood, or per
diem compensation or was it in
tended to give both, a salary aud daily
pay2 Was il to be Il fixed Jumped
sum during one hundred days and
compensation at the same rate per
diem for the next fifty days, or not ex-
ceeding that time
In constituting Constitution courts
are perhaps not bound down TO the
form Of words used as in a private ar.
ticle Of agreement, or even an act of
Assembly. 1t is form of government;
must be expounded literally to effect
the general object must be studied in
the light of ordinary language and the
construction placed upon it by the peo.
pie. 4 f. Smith, 2GO, 26l. 3 Sergt
q Rawle, Co. A Constitution is made
not particularly for the inspection
of lawyers, but for the million, that
they may Judge of their rights and du
tics Words are not to be used in their
I1onn'ua. 'A '', sens, o1' a'e 70 nave tnelr
The State is only bound by their nat.
S's, !. s, n,''1,uB' ,,iB N, u.o'un, N IN ~ . W.
" Iols., : ~, ~" WIZ. c,p % tne pam
anu n %S'"Ta' 9s 7, u ,nea".ug ., taS w9ra sal al.
.,,. nei ~ ~ - 81 a "o.u WIN Mn''n lne
honao Mo,,un'uo o,,, ass Ss,; ~ .no pyopleLnaVe
IsJoile i"oI 'n,y ia'l,;''s., W. noou not
iooA 'pSo No u'ol'on"lles 70 sluuy lts mean
,ns. -No1 ~ ot'" NV, "a" uio''pnatios ,l ,,
tof ~ So ,.S'N.," nSm - "as "yen ne'a oy i .ne
i;st ies" ,oLvso', I'ns ~ 's's Us ouV n','o
nsuS " Anow 'uaV 1ne wO'u was ue-
sa sarvu 90 ri Ttn snS & Mo,p es,. - rs nsees, ,,
py %, ~ "ne' III. a. "".on WV " T"s0s " 'uo
nsn1" o',,"1 !" = IU,u'on haIi a. M Ma' pau ~ III uon
uSoio u~, T ~ Wv Ja IS"s " y ha', ~
"as 80 d. oo,I, ,o ~ Gn'y.S'oou ,,i ~ 'n9
,ha has n.o, ~ '"0 P0Sp'V ~ t,s pI gJ"na.S ~
;r wv p.ia pSs sc ~ ~ w ~ l .su sP'aA'
ins pooP,v " .to .no . Gn,.eu otuto9 ~ .ne
WeSP ,S.'S, Pa'S Sa "a 'uo l,'ne''en'u century !
49, oos'ol uonuvs ousis " " oe .no leooh'
onso =, oons,ues"e'on 'ue,ae'' s., stipul"'eu 70
~ soJ S'Ion w., ,Ia ~. 'V, M ,,oes, usual s' u
nnsu .a,.;nJ su1' Jy tno yoari oF ior !,
sno,seI P.i'ou' -. n'Hnarusol , usnnes IL
1a a. ne"i 'no a, sa;l0 'unsuaso' Services s,
NV NV ~ ., aip, ool1plh .mes l,is or Perious'
so,oo aos . uau,y aPP''vI 10 W 9, servants m
o''"'.oo " ~ PeiIo.s V~ioostcr ~ says
.a,',,aan nn annu"' VI Pe,.ouiVal Pny inen' ior
~ vioos s''Pu'"'ou Poiiou'oHi rec'
oip Il pen1e -, .
:, onil,n ~ MS u'ctlonary uenhes II,
a reoouPeeso, u conslueratioh made
W PeIson lor h's pains OF INDUSTRY IN
auo.ner man y ous'hcss' Dunhell, H.
~ ~, an .saS ".nSai pe.nPSnsauon eS iQr serv,
,ooS iohuoreu' pNou sun 70 DC Paid
Dy tne year DouVier ~ d., says,
"a .f lemaru OF IeGonpenss ior services
polioIlnoui 7. 'r ~ 10 usually applleu 70
Wv, .ho Iowaru . pau 70 PaollC olncerS ior
'"Y performance run. Vi onlc'al uuties'
II We WISH 10 arrive at what was
aotually meant py tue iramers OF our
present Oohsutuuoh Dy the section
clleu, we can gam much information
by looking INTO the registry OF their
Procee9'hgs' IN yolhhe : page, eOs
we nnu inc seotlon introduced by a.
&c, substantially as adopted
rms was s voted as an amendment to
one IN uiierent language All OF the
snow that tho OBJECT was
10 nave a nxed salary Tor the session
an eliort was made TO amend by
stiikinB OUT ,"Salary and inserting
.Co"lpenSdt'oM ms was rejected on
inc grounu tha' nXed salary Tor the
session was desirable and intended.
Again, when tne mater was brought
up as nhaliy inserted, the proposition
10 suoetahllato compensation, as IN