Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1883-09-26
ANOTHER VETO.
Governor Pattison's objections to
the Resolution of the LegisIa-
tors paying themselves
to September 10, &c.
WHY IT is UNCONSTITUTIONAL.

The resolution contains two distinct
provisions One is an instruction to
the committee to report bill of a GER
tain character and for definite amount.
The other provision is an instruction to
the committee to report no other ap-
preparations for the pay to Senators
and members after September 10. In
this instruction | am asked to Join. If
this branch of the resolution is intend
ed to affect the compensation of men,
bers as fixed by the Act of Assembly,
it suggests several legal inquiries to
me, called upon, as | am, to give it
validity by my signature. The Act of
Assembly of May IL, A. D. 1874, pro-
vides that the compensation" of men,
bers of the Legislature "shall be $40
per diem at each adjourned or special
session" The act was the law at the
time of the election of all the members
of the present Legislature. The thir-
teenth section of the third article of
the Constitution provides that "no law
shall extend the term of any public
officer, or increase or diminish his sal
ary or emoluments, after his election or
appointment" 1t is true the resolu
tion before me is not in the form of a
law, but if it has any purpose, or can
have any possible effect, in its conclud-
ing provision, it is that there shall not
be any law passed making provision
for the payment of the compensation of
Senators or members after September
10. If the members of the Assembly
shall be entitled to any pay for this
session, it is not competent for the
Legislature to deprive them of it in
whole or in part. In other words, if a
public officer has legal claim to COM
pensation for any period of time, it is
not within the power Of the Legisla-
ture, by the passage Of q law or reso:
luton, to diminish that compensation
for part of that time
INDIVIDUAL PRIVILEGESO OF LEGISLATORS
Of course, it is entirely competent
for any member of the Legislature who
sees fit so to do to waive the whole or
any portion of the compensation to
which he may be entitled / could not,
and would not, interpose any obstacle
to such voluntary REIMBURSEMENT of
pay. That, however, can be done
without either let or hindrance from
the Executive, and there is no reason,
in law or propriety, for asking his prior
approval. There is no enabling act
needed to accomplish such a renunca-
ton. am now considering the reso-
luton only in so far as | am asked to
give it validity in an indirect effort at
adverse legislative action upon the
aompelsatipn OF publil officers after
their election. The first clause of the
resolution is an instruction to legislate,
the second clause direction not to
legislate. The subject with which it
deals is the compensation of the Leg
islature itself The compensation of
members at extraordinary sessions is
Gxed by the act of 1874. That law
cannot be modified, OF repealed, by
resolution, but only by another act of
Assembly. Such act of Assembly can
not be passed at this session, for the
general subject of fixing the rate of
compensation of members of the Leg
islature was not the purpose for which
this session was convened, and was not
designated as q subject for legislative
action in the proclamation of the Gov
eraor.
NOT THE WORK OF THE SESSION.
This session of the Legislature was
convened by me solely for the purpose
of having q clear and most vital COM
mand of the Constitution executed by
the General Assembly. In my procla-
nation conYening the two houses !
designated the subjects for legislative
action, aud cited the mandate of the
fundamental law imposing upon the
Legislature the imperative obligation
for the passage of apportionment laws.
Three months and more have expired
since then, and, instead of the passage
of the laws commanded by the people
in their Constitution, / am presented
with resolution concerning the
| amount of pay the members shall re-
ceive for a session the duties of which
are as yet undischarged ! am impell-
| ed to these observations, not only by
the unusual character of the resolution
itself, but also by the unusual time at
which it has been taken into considera-
tion by the Legislature. 1t has been
customary heretofore for the Appropri-
alton bill to be passed and sent to the
Governor at the close of the session,
when most of the duties of the Legisla-
ture were finally performed, and the
rest in forward state Of completion
This resolution reaches me many
months after the day on which the
Legislature was assembled, and when
its important and mandatory constitu-
tional duties remain unexecuted. The
question Of the pay Of members is the
least important matter relating to this
session. The paramount subject that
should engage the legislative attention
is the execution of the Constitution, ,uL-
der which the two houses exist and the
whole government Of the State coheres,
by according to the people in all sec
tons and of all interests their import
ant right to fair, equal, just and timely
representation in the halls of legisla-
ton. 1t would be better to hold in
allegiance any discussion of the ques-
tion of pay while such duty, so sol
cmnly enjoined, remains unperformed.
! EXPENSE NOT A CONSIDERATION.
Considerations of expense have no
place in the determination of the prop
| osition whether or not the mandate of
the Constitution shall be obeyed by
the representatives chosen by the peo-
pie for that purpose. If the fundamen-
tai law shall remain unobeyed by the
Legislature and its supremacy unvin~
dicated no partial REIMBURSEMENT of
pay by those responsible fer the de-
fault will serve to salve over the
wound inflicted upon the sacred and
| nnderl y inr Low Of the Statn On the