The Forrest City times., 1895-02-01
TUE LAW IN THE CASE.
hx Ex-Attorney-Gener Clarke
 s.rding tho Payment of Legisia- kess.. Committee Clerks, Etc.
LITTLE ROCK, Jan. 1, 1so6

ssve the honor to report IS follows:
 ar a,n urable to find auy law which makes
 duty of the secretary ol s.aee' state iauu 2
 iI rcnort to any other officer or tri-
 ma rhe law provides for certain quarterly
 .. al. from the land commissioner and secre.
 of state to the governor, aud the lniorma.
 anfained in these reports may be utilized
 V -avernor in connection witA his message
 na General assembly. In order to do this
 ~ny have such quarterly reports printed,
 nSdition to these reports the governor
 nower- under the constitution, to call
 The heads of any of the executive de.
 osnIs for information concerning the
 ss and transactions of their respective
 pes and this information he may have pub
 sd and printed. And when so printed 1t
 st he done under contract for the purpose
 ;nnsIv entered into. Other than as here
 icated thero is no duty imposed upon the
 ssrs named to make any report to any
 ar ofrt eer or body, nor at any stated inter-
 And If any Of these officers make a for
 renort voluntarily, at any other time, there
 flaw for imposing upon the state the ex.
 se of printing and distributing the same.
 to neither or not the state is under ex-
 Enp laws. legally chargable with the pay
 nt of c.erks of committees, and for news
 rars and postage stamps, we have at this
 no law which authorizes the appointmen
 rerlxs ef the several committees organized
 inc respective houses of the general assem
 The general assembly has pow,r to provide
 inc appointment of as many clerks as in it's
 agmeut may Dc necessary; there is no limlta-
 n either as to the numbe to be employed or
 salary to be paid 10 them. But neither knse acting separately and distinctly for Sen has power to create committee clerk.
 ps and consequently 10 power 10 impose hdn the state the burden of paying any such
 may be employed by resolution. By section
 article Is Of our constitution 1t is made
 e duty of the general assembly to
 k the salaries and fees of all of. kcers in the state," and to "hx the pmber and salaries of the clerks and em.
 oyes Of the different departments of the ate" Up to the present tune, this require Iegt has not been compiled with. 50 far as the Sgislative department is concerned, in any Iay that will authorize the employment and syment out of the state treasury Of commit. ke clerks although the subject of the char racter and numb3r Of oiIlcers and employees Of ke several branches of the general assembly kas been dealt with somewhat in detail The Allure to include committee clerks among the kuthorized employees is significant of q purpose kot 10 have them employed Ut the expense of khe state, sections 3J43. etc, Sandells & Hills Digest Until statute IS enacted authorizing Ihe employment of such clerks. you have no tgal right 10 draw your warrant on the treas. hry in payment for services said to have been Rendered. by persons as committee clerks A kesolCtion IS wholly ineffective for the purpose ! conferring this authority upon you. This is l lain under section 2g Of article Of the con ktitution which is as follows:
 I Section 29. No money shall bs drawn from lhe treasury except in pursuance of SPECIFIC Appropriation made by law, the PURPOSE of .knich shall be DISTINCTLY stated in the bill knd the maximum amount which may be krswn shall be specified in dollars and cents" When th5 general assembly shall pass bill providing for the number Of clerks that may Do Employed in each house. and fixing the salary |io be received by them. and shall then make a specifc appropriation for the purpose of pay Eng these clerks, IL will become your duty to crsw your warrant n their favor or course, the constitution gives to each house the ex- elusive right to appoint its own officers. But ihe power to appoint 10 an existing office or place Is quite distinct from the power to ere. ate the ofice or placs to be thus filed The power to create the cIerkship is with the gen. era assembly, while the right 10 appoint some which the clerk is to serve.
 In the case Of the State vs. Wallichs, 14 Ne braska 439, 5. C. l6 N. w. Rep. 4Si tho su- preme court of Nebraska considered Ques- ton very similar to this branch of your in. qury, anu It's decision involved consideration of fconstitutional and siatuatory provisions sub santlaiiy the same as those which govern in inis state In disposing of the case the court ln It's opinion says: It will not be cl laimed that without additional legis alton either house can employ clerks of committees and direct their payment out of the public treas. ury The legislature. although the aw-Taking power Is nselt regulated and controlled by law. Therefore. fl additional employees are desired, the law must be so framed as to au- tnorize their employment. .. There is no statute hxing the pay of clerks of commit tees or autnC riZlng them to receive 8 or any other sum per day. The certificate Of the pre- solng oincer Of either house stating that the party mentioned is entitled to compensation H per diem and mileage to the amount al- io"ed oy law does not authorize the auditor 10 araw warrant for any sum whatever. un- iess the statute has fixed the amount of such compensation, which in the case under consid- satlon II Is clear has not been done"
 t.... mouse oi the Legislature imp.iedly pledges him. seii 10 devote his time and services during the session 10 the interests Of the state. The sutes are of such nature that they cannot elosen because Of their supposed fitness for sae posltlt n and their knowledge of the ants VI VI the people Of the state and are supposed to aTspIeseht lh'lr views in the passage of bills. h, ..se ,s serVlees must be personally performed " she members; and clerks Of standing com. ,niseees ,ae or the legislature are unknown to our ss" Ana until such law is enacted there is u ao authority either to employ such clerks or to psy ior their services"
 NOT can 1t be said that the expense of em- poy @ n2 committee clerks may be provided for or onuer general provision 10 pay contingent .1penses of the two houses. NJ expense is in iha n the sense that this term is used .I sne law which is not incurred without de ,htsa' ,hs' foresight or expectation" The very fact sas' sass the number of the clerks and the compen- ,ih oh that ach Is to receive Is fixed by a reso. rla.-- PA7StV py eaCn house before th3 em- hhii.,neut or the clerks SHOWS that this lia- nnats @ is ln no wise unexpected or contingent NpIH any emergency casually developed.
 rant ,o ns o Sour authority to draw your war .n pay meht for stamps and newspapers rraahed to members Of tho general assembly ,n- rneer u solution Of the respective houses in ;Lo IS oplhion the general assembly has full au- st,,,,y, st,y, oy oiil passed as directed by the con. nes'-h' 10 provlde tor the distribution of ais, sllaiers, and as d means of facintGt ng thls 6o to supp ly the necessary postage. ,ss So no. thNlk such q distribution 10 be of q il cs. nt tubt would justify the assumption that ,ns,, .i De fesorted to as means tor the pay n, tho VI tie just debts Cf the state for defray- spstaie .ue necessary expenses of government to to s,.lloni common schools. to repel invasion or nn6olp 6oppLess lnsurrveti0n," and that therefore, of ,ha ouo requirements of section 31 of article istri sue constitution. n bill providing for such 2 n,s;o u. oa ot newspapers must be passed by a.neso, ny ol two thirds of both houses Of the Asneral ass embly.
 aw general assembly may pass such a io .nl r me reasoa that this body may neees y nm ... which is not expressly or by ,..oe.estiy lul l1catiOn r1r Oh ha