Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1895-03-17

The following CORE pondence speaks
for itself:
Hon. r NJ. BEATTY,
Attorney General of Nevada.
Dear Sir:
Am I authorized by law to draw
warrants in payment Of per diem of
members Of the Legislature or at
taches thereof, in excess Of fifty (5O)
days for the Seventeen session.
Respectfully yours
G. A. IAGRAvE.
State Controller
Hon. c. A. LAGRANE.
State Controller Of Nevada.
Dear Sir:
Answering, your query Gam I an
thorized by law to draw warrants in
payment Of per diem members of the
Legislature or attaches thereof in ex-
cess Of tifty days service Of the Seven
teenth Session." I answer.
The question embraces two distinct
propositions, each wholly controlled
by a different section Of the same Ar
ticle Of the Constitution Of the State OF
Nevada, and must be considered ac-
cordingly. Thus divided, the matter
presents. 1st; Are the officers and en-.
ployes Of the Legislature Of Nevada,
at its seventeenth session, entitled to
compensation for their services rem
dered as snch after the fiftieth day Of
said session? This necessities the
construction and Interpretation ofSec.
IS, Art. ". of said Constitution in the
light Of existing Statutes.
There was. and is no law limiting
their salary or compensation. except
as to the same amount per day, OF
each, and that as fixed by Act Of Jan.
81, 1893, stat. 1893. p. $50. and in force
at the time Of their election or appoint
ment. They were all elected or an
pointed for the whole of the session,
and an extension by law OF the term Of
such session cannot effect them.
Therefore. they are entitled to full
pay, and if the legislative appropria-
ton for said session is sufficient,
hereby advise the State Controller TO
draw his warrant for the payment Of
and the State Treasurer TO pay each OF
them the sums to which he or she
maybe entitled. M s3 $3.50
end. Are the Senator'S and members
of the Assembly entitled TO compensa-
ton for services rendered by them as
such, subsequent to the fiftieth day of
said session? ..IarEisIIhf. E
This involves construction and in
depreciation Of Sec. SO. Art, " ofsaid
Constitution and the StatGte laws re-
lating to the subject, in force at the
time OF the election Of said Senator'S
and members of the Assembly. and
those since enacted Bv this section
"the members Of the Legislature shall
receive for their services q comnensa-
ton, to be fixed by law, but nnincrense
of snch compensation shall take effect
during the term for which the Nom
bers'of either house shall have been
elected. The said session had been
fixed by law at fifty days duration.
but by repeal, this time was extended.
The compensation Of members had
been fixed at eight dollars per day
Stat. New. 1898. p. 70, approved March
2, 1898. and Of the election Of the pre-
sent members, except "hold over" Sem
ators, the compensation of Senators
and members Of the Assembly, was
permitted 70 a maximum Of four hun
dred dollars and mileage for each reg
ular session. therefore advise yon,
that'by 40 Observation-Disclosures could
the compensation of members for the
present session be Increased" to any
sup in excess. of s4t'e.ee for each SEN
at OF. member oftAe Assembly,
The State ContFeller~sheud-yth ere..
fore refuse to draw any warrant in IA
vor of any Senator or member of the
Assembly for any sur: Or amount in
excess OF a total Of $4,000 for all of
the services rendered by him as
member of the .EeEiAature during
the seventeenth regular session of
said legislature. And it necessarily
follows that the State Treasurer would
not legally pay any sum or amount so
in excess. If either of said State Of
ficers disregards this advice. he will
lay himself and his official bondsmen
legally liable to the State for any sum
or amount paid contrary to such adj
vice,
1 have the honor tobe very res.
pectfully yours, ..t.a...,.-
RoBT. NJ. BEATTY,
Atty. Genl. of Nevada.