Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-25

Legislative assemblies of the several terri
tories of the United States" (section 1855
of the Revised Laws) it was declared that
mo law of any territorial legislature shall
be made or enforced by which the gov
ernor or secretary of territory or the
officers or members of any territorial leg
islature shall be paid any compensation
other than that provided by the laws of
the United States"
By the same act the subordinate officers
of each branch of territorial Legislatures
are specified, and their compe nsation
fixed. This provision-186l of the Re-
vised Statutes-is as follows: "The sub
ordinate officers of every branch of tho
Legislative assemblies shall consist of one
chief clerk who shall receive compen-
sation of IS per day; and of one assistant
clerk; one enrolling clerk; one engrossing
clerk; one sergeant-at-arms; one door
keeper; one messenger and watchman,
who shall receive compensation OF 70
per day during the session, and no charge
| for n greater number of officers and at
PENDANTS, or any larger per diem shall be
allowed or paid by the Unitsd States to
any territory"
n
Gan act making appropriations for leg's..
lative, executive and judicial EXPENSE u
the government for the fiscal year end g
June 80, 1879, and for other purpos' !"
repealed section 1861, differently entittNg
some OF the subordinate officers and
ducing the compensation of some; 1T
the restriction of said section 1861, to- !:
''That no charge for greater number o
officers or attendants, or any larger For
diem shall be allowed or paid by the
United States to any territory" was re-
enacted in the words sand no greater
number of officers or charge per diem
shall be paid or allowed by the United
States to any territory"
1t will be observed that the Organic Act
did not specify the officers of the legisla-
ture, or their com pensation. 1t did not
inhibit payment in addition to that al
lowed by the United States, either to the
governor, secretary, members of the leg
islature, or it's officers; nor did any act of
congress special to New Mexico, or COM
mon to all the territories, until January
20, 1873, forbid such appropriation OF the
territorial funds, or enumerate the OIL
GERS allowed and to be paid by the United
States.
It is logical to conclude, as remedies
are not provided, except to cure evils,
that the legislators, in the exercise OF
their power, had regarded payment to
themselves and their officers, and the Off
GERS OF the other branches of the govern
ment, out of the territorial treasury as
rightful legislation, and that congress,
though recognizing the power as existing,
cid not regard it legitimate for trustees
of public funds to apply them to their
own advantage, and imposed the restric-
tion to prevent the continuance of such
abuse but it does not appear that further
restraints as to the disposition OF the ter
ritoral funds were deemed either essen
tlal or legitimate.
Congress by the act of January %,
1873, constrained due regard by public
servants of their obligations, by the pre-
vention of the application of the funds In
their custody to their own benefit, and
notified the legislators that 1t would fur
nish certain officers at certain compensa-
ton, and that no greater number, or
greater charge per diem would be paid or
allowed by the United States. Neither
the number nor the pay of the officers
having been before specified, congress
was bound by the acts of it's authorized
agents in their organization and opera
tion, and il became imperative, conse-
quently, to limit the liability of the Unit
ed States for the ex penses of these bodies.
No limitations, however, upon the legis-
latures were expressed either in the act Of
'73 or that of '78, and it is difficult, if not
nationally impossible, to infer that in ex-
empting the Unites States treasury con-
gress simultaneously contemplated pro-
Electorate over the fscs of the territories.
No legislation of this nature exists, and
it can not be created by judicial impli-
cation. If casus omissus the deficit can
not be supplied by the courts. An inten-
tion, if in the opinion of the court enter
tanned, and not expressed by the legisla-
ture, is quod voluit non dixit, and can
not be enforced. Courts can not assume
the functions of legislatures.
But, no matter what the status, con-
gress advising the territorial legislatures
that only those officers authorized by it
would be paid by the United States,
warned them that if other persons we're
employed or appointed they would not
be recognized as claimants against the
United States treasury, and no provision
would be made for them.
It may be said that congress served a
caveat upon the legislatures that at their
own risk would they engage other subor-
dinates than those enumerated, and it is
submitted that notice not to act is rec
ognition of the power, as right, to act,
where the right and power to restrain
specifically exists in a superior and is not
exercised. Congress intended to forbid
payment other than that allowed by the
United States to the governor, the secre-
tary and members and officers of the leg
islature, and did it, unequivocally. 1t in
tended to limit the officers to be paid out
of the United States treasury, and did it
distinctly, but did not clearly, or, by log
ical implication, prohibit the employment
of other subordinates and provision for
their payment by the Legislatures, ar d
therefore the conclusion seems irresi.;
ible that they did NOT intend to restri
the legislatures in the exercise OF thels
discretion as to their necessities.
1t may be readily conceived that CON-
gress, having furnished the aid it deemed
essential, recognized it as wise not to in
terfere with the legislatures in further
providing for themselves, if necessity
should develop.
The legislatures of territories are, rela-
lively, as absolutely within their limits
as are those of the states. The latter are
restrained by theirconstitutions, and the
constitution of the United States, and
the other by the constitution of tire
United States and the laws in pursuance
thereof which is but the constitution in
effect
Legislatures of the states are law un-
to themselves within the provisions of
their constitutions, and in their organize
tions, they are the arbiters of their wants.
Legislatures of territories, though de-
pendents and subjects of congress, are,
except as restricted by the constitution
and the statutes applicable to them, un-
restrained in their right to organize and
provide for themselves, Imposer of