Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1882-02-28
THE LEGISLATIVE SALARY,

Judge Turnkey Flies a Notable Dissent.
When Judge Turnkey took his seat yes
terday in the supreme court he said I
was not present when the opinion OF the
court was delivered in the case OF tho
commonwealth &c rel. Charles S. Wolfe vs..
Samuel Butler, or / would have filed y
dissenting opinion but file it now
The opinion urges very strongly that the
act of May II, 1871, violates the constitu-
ton. The opinion in full is as follows
Having the conviction that the fist
section of the act Of May II, 1874, clearly
and palpably violates Section 8 of Article
ri. of tie constitution, | would affirm
the judgment of tho court below. That
act, now sanctioned; by the decision Of this
court, will likely be deemed in harmony
with the constitution during its life.
shall not undertake the bOotiess task Of
giving reasons at length for the belief that
it is repugnant in letter and spirit. AT
best a dissenting opinion could be little
moro than an elaboration Of the opinion of
the learned judges of tho common pleas,
which SD we'll sustains their Judgment TO
their reasons few points might be added
which, among many, were fully discussed
by the counsel of the respective parties. l
shall remark but one, namely: The consti-
tuition declares that two specific forms of
compensation for legislative shall be al
lowed for entire regular and special
sessions, and :orbids all others.
The members OF the General As
sembly shall receive such salary and
mileage foc regular and special sessions rs
shall be fixed by law, and no other COM
pensation whatever, either for service upon
committee Or otherwise They shall have
salary and mileage for each session. This
excludes salary for any other period. Sal
ary for the session is directed, and all
other divisions OF time are excluded
but salary by the session is for a
sessions salary ior the whole session
and not part it il; for the entire service
of member at any session paid for, and
as plainly means one sum as does salary
for year or annual salary. The pro.
hibitory words aimed at committee service
by no unreasonable Interpretation can
limit or modify the declaration that the
members shall receive no other compensa-
tion than the salary and mileage fixed by
law for the session. The intention is to
prevent any increase of the members sala
ry and mileage after his election, Is etfec
tually as section 13 of article III prohibits
the increase of the salary or emoluments
of any public officer after his election. An
uncertain sum does not meet the require
ment. To fix salary and allow daily pay
to be added leaves it to the members
to increase their compensation while in
Office very much at their pleasure. The
word salary as applied to session means
stipulated recompense for service at the
session, and was used with the context to
prevent compensation by daily pay, to
limit the pay of members to a certain sum,
aud is not synonymous with wages as used
in the constitution of 1778, Or with COM
pensation as used in the constitutions of
100 and 1885. think the words such
salary and mileage for regular and special
sessions as shall be fixed by law should
be taken in their ordinary sense, as the |
people who adopted the constitution COM
monty understood them. believe they |
mean stipulated sum for each session and |
not daily wages or daily hire or salt |
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