Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-09-19
THE VETO.
uu,EKNuK rAr,i,uS srUhKs
way ue Ecturucd tho JOINT Wrso'utiun on
Mcmuo,r' ray -wIsnom sud common
sense In inr NCsssEe.

sage vctoug the appropriation rsnlution
ts Us follows
10 ne senate of ne Commonwealth o' Pc"'-
GINTIrMGN / herewith return without |
my approval, tho concurrent resolution Oi |
thc Senate, aS follows
Rss0lrtd That { u the House ol Repre-
| Soutaliycs ruucuD tho appropriation com
mtttcts oI the respective bodies be, ard
! they are, hCrCby instructed to report tho
| appropriation bill for the pay of souatOts
! aud members up to aud including sept.
! 10 1883 aud that said committees hr
! instructed Ia report no other apprOprta
! tion bill except for officers and emplcycs.
" The 20 h section vt Article I'LL ot the
constitution provides that every order,
| resolution or vote to which the Concurrence
ut both houses may br necessary except
on thc question ot adjOurumCuD shall h'
presented to the governor, and, before II
shall take effect, br APPROVED 10y hln, az,
being diSappruvtd, shall bc Iopassoi 10y two
| thirds ui both Houses, according to the
rulrs aud regulations prescribed III case "'
y bi,i.'
This scctrpuis tue only warrant tor the
presentation to me uI tho resolution h'Io
with returned and which | decline ln
approve ol iur the following reasons
violation oi rnc Constitution.
Ii is III violation Of the constitutional
prov i,luu requiring a separate orgauizatiun
ut the two Houses OF the Legislature.
J.uGer the cuuati,utlon of l1IG the General
Assembly consisted at but Que body, Ihe
constitution uf 100 divided the Gcuc'al
Assembly iuto two Houses each having IN
iudorendcut organization. This soIara
tion has been continued 10 the present
time under the amended constitutions,
aud rluStItnllTn tho
SECOND section ~ the thud article, recuE
uilas the committees Ot the respective
bodies rs essential and necessary IN pCr
frCtIng lo .islatiuu. Tho Senate has no
power or control over the House com
, ruittacs, aud the House has none over
the Senate committees Tho concurrent
resolution presented to me - not only
I futile aud void OF any conclusive effect
upon either House, but violates the con
' atituuOnal principle Of separate urEan@a
. tIOu, and Is "A clear and distinct departure
% from former precedcnts. Ii the lnuoya
tlpu here attempted should obtain the
currency OF practice, It would result in
the eutiIe Obutcratiou of tho functions
lltendcd t. he exercised by the committees
y ut the two Houses in the consideration OF
! legislation and the destruction Of their
p independent and separate character con
teWplatCd by the constitution. This
. reason, alpue, wouldbe suthClcutto induce
. Juc to withhold my approval Ot the IcSolu.
I tIrn. but there are other objections To- II
: equally cogcut and conclusive.
ID The resolution iuvOkes from The cSeCr.
: ti5e his opinion upOn the bill bo. O.c tie
1 same has been passed by the Legislature
, aud land before him in due constitutional
g form 1t would be maniiestly improper
b rov him to give such an opinion. This res
| l.,fr, ,Y- N,t mi Il the
/ respective bodies To report an apprOprIa
, tion bill for the pay Of senators and
I members of the extraordinary st ssiOn now
? being held up to and including September
| 10 1888, aud not 10 report any Other
appropriation bill except for officers auC
, employees. BY the presentation of thi,
- resolution to me | am asked to give ny
q Judgment iu advance upon a subject Lha
, | may have To pass upon hereafter, wher
= appearing before me III the form OF Il bill
When u completed legislative act Is pre-,
4 soufcd u me | will be ready u give IN,
- Judgment thereon. defer until then th
e presentation OF my views u the LegIsll
p lut,.
ID why 1t Is unCunstitutionaI.
- The resolution contains two dIstIuC
=, Provisions. one Is au instruction 10 th
/. committee to report blll OF CERTAIN
.e have already stated my objections TO thi
branch Of the resolution. The other pru
vision Is an instruction to the cOmmlttc
Al to report no other appropriations to tn
"a pay - senator's aud members after sept
~ 10. In this obstruction ! am asked I
l., join. II this branch of the resolution
IA Intended 70 affect the compensation {
> members as fixed by the act OF Assembly,
A suggests several legal inquiries % m,
" called upon, as aT, t. give II yalldt
is by my signature. The act OF Assemb'
m OF May IL, \. ID. 1874, provides that ia
I'd compensation Ut members Of the Lss
~, stature shall be 80 per diem at eac
nd adj juIned or special session." This a,
ID was the law at the time OF th3 election {
all the members or the present Lngif
lature. The thirteenth section
the third article OF the constitution pr
- gIdes that " no law shall extend the ter
- OF any public Off .ial or increase or dimi
~, ism his salary or emOluments, after Ia
=, election or appointment" 1t Is true u
~ resolution before me is not in the form
" w. a law, but if it las any purpose, or q
~, have any possible effect, IN its ConCludtr
w. provision, IL IL that there shall not be a.
-, Law passed making provision for the pa
az ment Of the compensation o. senators a
u" members after September 10 If tho mel
DGlb vi lllC h1oDuAOt1 NHtlN bO NbllLlth
any pay for this SESSION, IL il not compete
for the Legislature 10 deprive them OF
a. in whole or in part. In other woIds, II
II public officer has u legal claim to cOmpe
nc satiOn tor any period Of time it is 4
"a within the power Of the Legislature,
'i- the passage of law or resolution, 10
ny minish that compensation by the rcful
u. OF remuneration for a part of that time.
'uy indivIduai Privileges OF Legislators.
Nv Nv OF course it is entirely competent
~; auy member of the Legislature who IL
m fit 30 tn do to waive the whole or any "
- tion of the compensation To which he M
be entitled. could not, and would n
interpose any obstacle TO such volunta
ne relinquishmeut of pay. That, hOwev
aid can be done withOGG either let or hir
III rance from the executive, and there
re- no reason, in law or prOpriety,
IKE asking his prior approval. There is
he enabling act needed to accomplish sucl
'ry renunciation. | am now considering
IAN resolution only so far as | am asked
W, give il validity in an indirect effort at a
verse legislative action upon tho comp'
sation of public officers after their electl'
INC The first clause of tho resolution is
eS instruction to logislato, the second cla'
Ia direction not To legislato. The SUBJ
lily with which II deals is the compensate
mt. Of the Legislature itself. The oompens