The Somerset reporter., 1891-04-02
State House Commits sion.

Buildings. rlis .tuu ittre referred that
art OF the report relative 10 the legality
# the expenditures of The Commission
ers TO Senator Spear Of that committee
aud he made report TO TIE Chairman sub
stantially as follows;
In accordance with the Instructions of
your committee o me TO Inquire into the
legality of the expenditures of the COM
mission created by the laws OF lYs9, 10
supervise the enlargement of the State
| Houre, have performed that duty and
herewith submit my report.
The report of the commission to the
Legislature would, upon its face, indi-
cate an overdraft OF The appropriation
for the enlargement of the State House,
but lind, as matter Of fact, the com
mission did not oVeIdraw the appropria-
lion, and that the apparent overdraft re-
suits from the expenditure from the CON
tingent fund and the appropriation for
furniture and repairs, said oyerdfaft be-
ing expended principally for the boiler
house and furnishing tae House OF KEEP
| resentatlves. This leaves hui Two ques-
tons for consideration. Did the COM
mission have a legal right under the
clause in the resolve which says land for
lie reasonable expenses Of the commits
sion " to take saiariesF Whether tie CA
penses were reasonable, that Is, too high
| or too los, Is a question of fact not OF
law, which am not required TO discuss.
The question then arises, is the phrase
| "reasonable EXPENSES" or 50 far as the
law is involved, the term expenses as
used IN the resolve limited merely to the
money actually paid out by the commls-
| sion, or Ia it broad enough to cover the
salaries Of the commissioners | think
1t covers both. This is undoubtedly the
construction the two able lawyers on thC
commission put upon the resolve, and
probably without any examination Of the
authorities but on the generally accepted
principle that neither States nor indiyt-
lals expect TO receive the benefit of q
valuable service without due compeusa
ton therefor.
Iu the absence Of any authority to the
contrary, this proposition might proper
" be left with the construction placed
upon 1t by the lawyers on the commits
,ion- on the ground that in the absence
Of such authority the opinion Of the law
ye,s in the commission is as good As She
opinion of equally good lawyers OIL But
there is both authority and prece' lent for
tn action of ihe commission in taking
salaries
In support of this proposition Mr..
Spear cites the opinions OF the Attorneys
General OF the United States, vol A. page
81; Nathan Clflord, Attorney General,
% Court of Claims 269 ,277; Dunwoody's
cnse
Continuing, Mr.. Spear says Salaries
and compensation for services are ex-
penses. During the entire administra-
lions of Washington, John Adams.
Thomas jefferson and the fist term Of
Madison, som atlmes by special acts, and
| sometimes in the general APPROPRIATION acts
the provision for the diplomatic corps con-
sisted OF SO much money "for the ex-
penses of foreign intercourse" to be eX-
pended in the discretion of the President.
Under these acts the President fixed the
4alsries of al our foreign ministers.
consuls and ENJOYS, and these salaries
we're paid out of the sums thus appro-
priaied.
There are numerous decisiona which
show that when money is appropriated
''to pay expenses it must mean those ex-
penses which are necessarily incident to
The work to be done.
deem these citations sufficient to es-
rabl sh The legal proposition that the
commission had right to pay themselves
sal 4ries uLder the resolve of 1889.
J The second question involved In con-
nection 18th this report is whether the
Governor of the State could legally take
compensation for his services as a mem
ber OF The commission, even admitting
| inst the other members of the commits
sion could do SO.
. No objection can be based on section
G, srticla If tfe constitution, which says
The Governor shall at stated times re-
GIVE for his services compensation
which shall not be increased or diminish
ed during his continuance in office.
elective for his services,' as what!
As Attorney General? No. As Secreta
ry of Site? No. Simply and solely for
| his st rvices as Governor. This section,
| hen, can have reference TO no other
efllce or employment, He received a.
| commissioner M addition to his salary as
| Governor Ii Lowe VS.. Bracket, "A Gal
SCI, the court says in regard 10 the right
Of the Attorney General to receive co M
nensqtion for services as examiner, in
addition to hi. salary, under constitu-
tional provision in substance Ike was
| that;
After having thus performed his ser
vice, which under the constitution is
wholly foreign to his office, and which
is not and cannot become part of his
onlcial duty as attorney general. If the
Legislature has seen f. to compensate him
for this uronl :ial service is no con'titu-
tional impeachment to hinder them from
SO doing.
Article 8. part lst, sections of the con-
stitution reads;
No person holding any office or place
under the United States, this State, or
any other power, shall exercise the office
Of G vernon.
Was the position on the commission
under the resolve of 1889 an "olilce or
place within the meaning of the consti-
tution2 | think not 1t is obyious that
Office and place are used in the constitu
tion as synonytnous terms sod apply to a
consti utional Office. Several opinions
are cited to maintain this position.
1t seems TO be very clear from the nu-
merous authorities on the subject that a
position on the State House Com mission