Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1881-04-22


to prevent, and to which you have particu
larly directed my attention for information
| will accordingly refer somewhat in detail
to this branch of the subject in illustration
of the evil.
BY the constitution, article 3, section 80
mo money shall be drawn from the treas
ury of the state by an order or resolution, mol
except in accordance with an appropriation
by law, and any such law shall distinctly
specify the sums appropriated and the OBJ
ject to which it shall be applied" When
an appropriation is made according to law
the constitution prescribes further how Il
shall be drawn. Article Q, section Q: "Tht
Comptroller shall grant, under regulations
prescribed by law, all warrants for money
to be paid out of the treasury in pursuance
appropriations by laws" and further, same
article Sec. B.; "The treasurer shall receiv
the money of the state" y "shall disburst
the same for the purposes of the state, ac'
cording to law, upon warrants drawn by the
Comptroller and on check countersigned by
him and not otherwise; he shall take re-
ceipts for all money paid by him."
The summary of these fundamental and
wise provisions is that no money can be
drawn by any order or resolution, nor can
any money be paid out of the treasury OK,
cept by warrant or check countersigned by
the Comptroller, and that only in pursuance
of an appropriation by law. There is nc
law prescribing the number of the clerks
and employees OF either house, nor their com
pensation. 1t has been the practice for each
house, by its own separate order, TO make
any number and to fix whatever compensa-
ton it choose. Upon the order of each
house, and at times upon the order of the
chairman of the Committee on Claims, they
receive their pay. There is no law authorz,
ing any payment upon any such orders
there is no law authorizing the chairman OF
the Committee on Claims, the presiding of.
flcers of the Senate or House, or all com
bined, to dshurse the public moneys to the
officers and employees or upon their order
There is no contingent fund either allowed
by the Constitution or appropriated by law
to either house, or both houses, or TO the
presiding officers, either of them, or to any
committee TO disburse at their will and
pleasure
There was appropriated the sum of $780,.
900 to pay the legislative expenses of last
session, The per diem of members is fixed
by the Constitution, and, therefore, is held
by the court in itself to be an appropriation
according to law. Under the present prac
tice of discussing this appropriation the
whole fund Is left to the disposal of the or.
ders of either house, without responsibility
or Accountability to any governing authority
and only limited in their use by the exhaus.
ton of the fund and, accordingly, this large
appropriation even was overrun by the sum
of $4,000. This should not be SO, and IL Ii
not authorized, but forbidden, by the con.
stitution. The party claiming any portion
of this fund must show TO the treasury that
he is entitled by laW TO be paid out of IL
and then he receives it upon warrant Or the
countersigned check of the comptroller. Nc
one is entitled to draw money from the
treasury otherwise; no order or resolution
Of either house or both, no order of the pre-.
siding officers or either, or of any committee
of either house, or the chairman of any,
have the power to draw upon this fund
from the treasury; II Is by the virtue of law
alone, and there is no law giving TO them
this authority. There is neither system nor
law in the disbursement of this large fund.
A law was passed in 1870 establishing a
system, but 1t was repealed at the session
following in 1879, and we hevo nothing
more upon the subject. Hence the excuses
and to which propose briefly to allude.
There are III members in both houses o.
the legislature. At the last session there
were 1906 officers, employees and beneficiaries,
exclusive Of ministers Of the Gospel. The
stationery, mileage and per diem Of mem.
bers for the session was S577G7. Tho sta.
tionery, mileage and compensation of the
officers, employees and benefciaries of the
Senate and House, exclusive Of the clergy
was $59,276. The details Of this extraordi.
nary expenditure for tho officers, &C., is more
aggravated even than the naked fact ITSELF
though that Is certainly ms bad as IL can be.
There is no space for lengthy detail, but II
is proper to say generally that the constitu.
ton, article ., section 80, provides that "no
extra compensation shall be granted by the
General Assembly after the service shall
have been rendered, nor shall the salary or
compensation Of any public officer be in
creased or diminished during his term Of
office"
But, contrary 10 the spirit, If not 10 the
letter Of this declartory provision, at the
closing days Of the session extra allowances
and additional compensation were made b
a number Of officers and employees true,
not by the General Assembly, but by the
more reprehensibie ana dangerous practice
the separate orders OF each house, and
they were all paid.
Again, by the constitution, article 3, sec
ton 10, the compensation Of members Is
fixed at 80 per day, and IS per day add.
tonal To the presiding officers Of both house /;
and yet, Notwithstanding this provision for
a precise payment, additional compensation
Is allowed 10 members, 10 III number, aud
b each the sum Of $3.50 for service ON the
Engrossing Committee, and additional pay
10 clerks Of committees, who are already
under pay, for general services, and they
were paid.
Again, by the net Of 1858 chapter o and
now in force, only lhe chief aud reading
clerks and doorkoepcr II the house, and the
secretary aud assistant doorkecpcr Of the
5ena,s Of the preceding General Assembly,
were allowed 10 attend the meeting II tho
succeeding General Assembly, and payment
Of any other officer Of a preceding General
Assembly was expressly forbidden Not.
withdrawing this positive prohibition, ~
many ~ 10 officers and employees not author.
ized 10 attend were present at the opening Of
last session, and got their pay COR H. Bat
similar details are 100 extensive for this com.
municaiion, for could refer 10 many Others