The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1882-03-01
THE LEGISLATORS WIN THEIR
CASE.
Decision of the Supreme Court on
the Salary Question

PHILADELPHIA, Feb. 21.-The Su-
prene Court yesterday decided the
Legislative salary question in favor
of the Legislators. The Constitu
ton provides that the members OF
the General Assembly shall receive
''such salary and mileage for reg lal
and special occasions as may be fix
ed by law" and no other compensa-
ton. In 1874 an act was passed to
give Legislators what has been call
ed q salary OF $1,000 for one hun
dred days service and $40 day for
every day over one hundred provid-
ing that the number over does not
exceed fifty. Last year the Attor-
ney General pronounced the extra
SO day unconstitutional. The
State Treasurer refused TO pay the
members the extra $500. The mat
ter was taken to the Dauphin coun-
| ty court, and Judge Pearson refused
a mandamus or the ground that the
word salary referred to the $1,000,
and that 1t covered all the pay
which the members could demand.
The per diem being beyond that
sum, was unconstitutional. The
Supreme Court was unanimously of
a different opinion. Chief Justice
Sharswood delivered the opinion,
which is as follows
ITO justify court in pronounc-
ing an act of the Legislature uncon-
stitutional and void, either in whole
or in part, it must be able to vouch
some exception or prohibition clear
ly expressed or necessarily implied.
The doubt is to be resolved in favor
of the constitutionality Of the act.
This rule OF construction is so well
settled by authority that it is unnec-
essary to cite the cases. Where the
contention is rs to the meaning of
the word, the rule is that if any
meaning, technical or popular. viii
sustain the exercise OF the power it
is sufficient On the other hand, if
the strict or legal meaning would
have the effect to limit or destroy
where the same popular acceptation
OF the word would support the act,
it must be resorted to. Several cas-
es are quoted TO show that the pop
ular meaning Of the word, if broader
than the technical meaning, must
be adopted, but not If the effect be
to limit or restrain the general grant
of power. If the trainers of the
present Constitution had gone back
to the language of the Constitution
Of 1776 and provided that The
members of the General Assembly
shall receive such wages and mile
age for regular and special sessions
as shall be fixed by law" the pres
ent cor .ention would not have aris-
en-.
Yet, according to the most ap-
proved photographers, the words
wages and salary are synonymous
They both mean one and the same
thing-a sum of money periodically
paid for services rendered. Are We
to look TO the debates in the con-
vention for the meaning of the
word ? Surely not. The majority,
for all that appears, may have been
of opinion that the word salary was
as comprehensive as compensation,
and was o more fitting word to use
in application to such an honorable
and important position. Ii it had
been their intention to prohibit a
per diem salary they could have
easily said SO in very few words
The truth is that If there is any DIFF
ference in the popular sense between
wages and salary it Is only the APP
plication OF them to more or less
honorable services. A merchant
pays wages to his servant. He
sweeps the floor, makes the fire and
runs errands. But he compensates
his clerk or salesman with salary
Had the act of May II, 1874. said
salary of SO per diem it would have
been good English and perfectly in
telligible to the common mind.
It is contended that the evident
object of the clause was to shorten
the sessions of the General Assem-
bly,. II this was the object the
word was very unhappily chosen.
4 much simpler and more effective
mode would have been to provided
rate per day, diminishing from
day to day as the session continued
It is hard to believe that the conven-
ton thought that the General As
semblv would be influenced by so
sordid and unworthy motive. We
ought to be careful not to hamper
the power OF the Legislature by any
narrow, strained construction, as it
may be very important hereafter, in
view of what seems growing evil
frequent absence of the members
Ito provide that members who are
not present and do not record their
votes on the final passage of the
bills shall not receive their salary
for that day. II, however, they re-
ceive round sum for the session, it
would deprive the Legislature of the
power to make such a provision"
Saved by Oil.