, 1888-01-13

atoms 9, Of money recently made by the legislative assembly
of said Territory to defray the expenses Of its 18th session,
and requests an opinion touching the legality of said appro-
prlalons; and, as the result of such consideration her
leave to report the following:
In order to properly answer the question propounded,
IT. Will be necessary, first, to consider the nature, source, and
units OF the powers OF a territorial legislature as defined by
our highest Judicial tribunal; after which, it will be in
order to notice the various acts Of Congress bearing on the
same question.
1t has been held by the Supreme Court of the United
States, that N
"Subject to the limitations expressly or by implication.
imposed by the Constitution, Congress has full and complete
authority over a Territory, and may directly legislate for
the government thereof Itmay declare a valid enactment
of the territorial legislature void, or a void enactment
p. 129)
In the course of the same decision the Court says
"The Territories are but political subdivisions of the
outlying dominion ofthe United States. Their relation to
the general government is much the same as that which
counties bear to the respective States, and Congress NAV
zafions.' y % D'lUi 0's""'-
Now, it has been held that san ordinance of q mnnici-
pal corporation must conform strictly to the statute giving
power to pass the ordinance in question, or its PROCEEDINGS,
lin passing such ordinance) will be void CSee Sedgwieef,
on the Construction of statutory and Constitutional law, d.
399, and authorities there cited.
This brings us to inquire what is the measure of legis-
lative power with which Congress has seen fit to clothe our
territorial legislative bodies?
Section 1851 of the U. S. Revised Statutes provides that
"the legislative power of every territory shall extend to
all righttul subjects of legislation not inconsistent with the
Constitution and laws of the United States"
Numerous acts of Congress have from time to time
extravaganza.
Illus, secIdon Io0z OF N Y. d. ReVlSed Statutes, pro-
vides that 'tho sessions of the legislative assemblies of the
several Territories of the United States shall be limited to
forty days duration"
Section 1858, R. s., provides that "the members of
each branch of the several territorial legislatures shall re-
celve a compensation of six dollars per day, during the ses-
slons herein provided for, and they shall receive such mile
age as now provided by law: Pr0Uided, That the President
of the Council and Speaker of the House of Representa-
tlves shall each receive a compensation of ten dollars per
day
Under the organic act of Arizona, the number of her
legislative officers was limited to nine members of the
Council and eighteen members of the House of Representa-
tives. But by a subsequent act of Congress, to wit, an act
approved June 10, 1873, 90 U. S. Stat, 1881, the Council
men were increased to twelve and the Representatives to
twenty-four in number.
The act just mentioned, while repeating section 1861.
Revised Statutes, 0he section referred to by His Excellency
as fixing the number of subordinate officers of the legisla-
ture), provided, as follows
"That the subordinate officers of each branch of said
territorial legislatures shall consist of one chief clerk, who
shall receive a compensation of six dollars per day; one
enrolling and engrossing clerk, at five dollars per day; ser
geant-at-arms and d%oorkeeper, at five dollars per day; one
messenger and Waterman, at four dollars per day each; and
one chaplain, at one dollar and fifty cents per day. Said
sums shall be paid only during the sessions of said legis-
la!tures; and no greater number of officers or charges per
diem shall be paid or allowed by the United States to any
Territory. And section 1861 of the Revised Statutes is
hereby repealed and this substituted in lieu thereof: Pro-
0ided, That, for the performance of all official duties i'm
posed by the territorial legislatures and not provided for in
the organic act, the secretaries. of the Territories, respect
lively, shall be allowed such fees as may be fixed by the
territorial legislatures. And in no case shall the expendi-
ture for public printing in any Of the Territories exceed the
sum of two thousand five hundred dollars for any one year"
Ihls act would seem to have been interpreted by the
Arizona legislature as only intended to limit the amount of
legislative expenditures which it might incur at the cost of
the Federal treasury, while leaving the territorial treasury
entirely at Its mercy.
l cannot think that such is the meaning of the law.
When Congress declared that "the subordinate officers of
each branch of said territorial legislatures shall consist ola
chief clerk and certain other officers enumerated, whose
compensation shall be a given sum per day, it evil
IDENTIFY did not mean to say that 'the subordinate officers OF
each branch of said territorial legislatures shall consist Of
chief clerk" etc, and such assistant clerks and other sub
ordinates as the territorial legislatures may choose to en-
Iploy and pay out Of territorial money.
1t is true the said act declares that "no greater number
| OF officers or charges DGr diem shall he maid or allowed bV
the United States to any Territory And if this single
phrase stood alone and constituted all the legislation on the
subject, it might possibly be so strained in its construction
as to leave a territorial legislature at liberty to employ us
many subordinate officers and at as great a cost to the Ter
ritory as it might choose. But said phrase must be read in
connection with the preceding sentence, declaring that the
subordinate officers shall consist Of a given number and be
paid a given compensation.
1t must also be construed with section 1855 Of the
Revised Statutes, declaring that "no law of any territorial
Legislature shall be made or enforced by which the Governor
or Secretary of a Territory, or the members or officers OF
any territorial legislature are paid any compensation other
than that provided by the laws of the United States"
We are also to take into consideration the fact that from
time to time Congress has made appropriations for the pur-
pose of meeting annually all necessary and nr0upr eyDpnsps