, 1888-01-13

expenses for Secretary's office, two thousand dollars
$4,000"
But inasmuch as this So, 900 was appropriated for the office
of the Secretary exclusively, it left at most S25,6SO to cover
per diem of members and officers, mileage of members,
printing, rent, extra clerk hire, light, fuel, stationery, and
other incidental expenses of the legislature.
There is nothing in the documents submitted to me to
show what disposition has been made of this appropriation
by Congress to defray the expenses of said 18th session of
the Arizona legislature. | shall, therefore, assume, for the
purposes of the question under consideration, that it was
properly applied. But it is evident, both from the Gov
ernor's communication and from the printed statutes of said
18th session laws of the legislature, that heavy appropria-
tons were made by that body and directed to be paid out of
territorial funds in order to cover legislative expenses not
only unprovided for but forbidden by the laws of Congress.
For example, the act above quoted go Stat, 1888 says
that " in no case shall the expenditure for public printing in
any of the Territories exceed the sum OF two thousand five
hundred dollars for any one year"
And yet it appears from Governor Zulick's said communi-
cation that " there was appropriated for printing bills, letter
heads, and other printing for the 18th legislative assembly,
twelve thousand one hundred and thirtythree dollars (S12,
1885, and for printing daily journals, bills, reports, etc, for
the 18th legislative assembly, seven thousand eight hundred
and %thirty-four 70-100 dollars 1884. 10y" Making an aggre-
gate expenditure for printing alone OF Si9,96I,fO, beng an
excess of S~17,467.7O above the amount limited by the said
law of Congress.
Again, in the face of said act of June 10, 1878, enumer
ating and defining with great particularly the subordinate
officers of a territorial Legislature, and fixing the amount of
compensation of each, it appears that the Arizona legisla-
ture, at its said 18th session, employed, IN addition to those
authorized by said act of Congress, no less than fifty clerks,
assistant clerks, and committee clerks, beside four pages,
two janitors, and two doorkeepers, at an aggregate cost of
1913, 600. This troop of subordinates seems to have been a
remarkable one, both on account of its numbers and the
magnitude of its salaries.
L find that the pages presumably small boys were paid
S240 each, and inasmuch rs the Legislature could not, under
the law, sit longer than forty days, this would be Sc per
day-precisely the per diem allowed by law to the honorable
members of said Legislature,
Again, while the laws of Congress allowed to the chief
clerks Of the respective branches of the said Legislature Sc
per day, | find an assistant chief clerk and an assistant enroll
ing clerk in each Of said branches, four in all, at a salary of
S720 for said forty days service, making $18 per day, being
just three times the per diem allowed by law to the honor
able members Of the Legislature. This certainly seems to
have been an extraordinary display of legislative hberalty,
especially so in view of the fact that there is nothing what
ever in the documents before me to show that said clerks
made any division of their salaries with their muniticent
benefactors.
1t further appears that the honorable legislative council of
Arizona, although consisting, as we have seen, of only
twelve members, employed no less than nineteen committee
clerks, at salaries ranging from $500 up to $40 each, for
said forty days service. These salaries, as will be seen,
amounted to 80 per day for the $3.50 committee clerks, and
to $3.50 per day for the $40 clerks. 1t further appears
that said legislature appropriated ~s3,O7o8o to pay for news
papers for the use of its members-there being thirtysix
members all told. This amounted to a little over S85 to the
member, being upward of 50 per day each.
AS we have seen, section 1855 declares that "no law of
any territorial Legislature shall be made or enforced by
which y \ = the members or officers of any territorial
legislature are paid any compensation other than that pro-
vided by the laws of the United States.
But in apparent disregard of said section the late Ari-
IONA Legislature enacted d" that the sum of nine hundred
and sixty dollars $4,000 be appropriated to compensate the
members of the house for services not paid for by the United
States government; forty dollars $40 to be paid to each
member. And the sum of one thousand and eighty dollars
($1,O8O) be appropriated to compensate the members of
the council for services not paid for by the United States
government; ninety dollars 500 to each member, upon the
certificate of the secretary of the council and chief clerk of
the house" (See Session Laws of Arizona, 1885, p. 345.l
1t would seem, however, as If said Legislature had
sought to avoid n conflict with said section 1855 by means
of the peculiar phraseology in which it clothed its aforesaid
enactment. AS will be observed, the act referred to reads
d" that the sum = > y be appropriated to compensate
members x = y orservices not paid for by the United
States"
But what oere these services "not paid for By The United
States q"
AS we have already seen, section 1858, r. s., provides
that " the members of each branch of the several territorial
legislatures shall receive n compensation of six dollars per
day during the sessions, herein provided for &c.
How, then, is it possible, in the face of such a law, to
nationally claim that the members of a territorial Legislature
are not paid by the United States Government for all the
services which the said Government authorizes them to per
form?
Will it be argued that the members of the Arizona leg
islature had hOo different ktndS of Legislative services to per
form, and that for one class OF these services they receive
compensation from the Federal Government, while for the
other class they receive none? If so, it may become i'm
portant to inquire what particular kind Of territorial laws
are understood to be made at the expense of the United
States and what at the expense of the territories.
1t seems to me that when Congress passed an act calling
into being the political body, known as the territorial legs-
lature of Arizona, fixing the boundaries of its Legislative
jurisdiction, and designating the measure of compensation
which its members should receive for their services, the evil
dent intention was that the F5derdl Government should pay
said members for all the legislative services which the Fed