The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1895-07-02
MAJOR GurHR1E's OPINION.
He Thinks Neither the Arlington Com
mittee Nor Counsel Can Claim Pay.

mittee Nor Counsel Can Claim Pay.
Hon. ". II, Worth, State Treasurer:
DEAR SIR:-You ask me to advise
you as to the proper legal construction
of the concurrent resolution of the
General Assembly of 1895, found on
page 500, public laws, session 1895, en-
titled "a resolution in favor OF Mrs.
Pattie D. B. Arlington" ratified tne
18th day Of March, A. D 1895, upon
the following points:
1st. Whether Messrs. Campbell
| Bryan and Phillips, members OF tne
House of Representatives from Chero-
kee, Chatham and Pitt counties, re
spectivelv" are entitled to pay for their
individual personal services the PEI
diem and mileage fixed by the Consul
tuition for members of the General AS
sembly, while the General Assembly
is in session.
2od. Have said committee the power
under sad resolution, to incur expenses
for counsel fees7
The power of the General Assembly
to appoint q special committee to In
vestigate this or any other matter OF a
kindred nature may be conceded Tor
the sake of argument, and l will con
fine my opinion strictly to a construc-
ton of the resolution itself, interpreted
by the words led il expressing the
legislative intent and in the light of
the provisions of the Constitution. The
resolution provides that: They CHE
committed shall find the facts from
the evidence and report said facts, and
ASP set out the evidence in full in SAID
report and make their report to the
General Assembly, if it be possible to
do so, before its adjournment, and if
not, then said report shall be made to
the Supreme Court" 1t is manifest,
from the language used, that the Gen.
eral Assembly contemplated that this
investigating committee would enter
at once upon the d charge of it's duties
while the legislature was then in ses
sion March 18th, 1895 } and that it
would be able to ''sit together, hear the
evidence" and make their report to the
General Assembly before it adjourned :;
that this committee would be n SEES
sion but a few day s at most, for the
session was then about to end, and
these same committeeman, members Of
the body, were then drawing their
regular pay a. member5, and hen 5e
there is not a word in the resolution
authorizing or contemplating any pay
whatever for their services as members
of this investigating committee. Nor
does the further provision above quoted
to the effect that if it was not possible
for the committee to prepare their re-
port in time to submit it to the Gen
eral Assembly before adjournment,
then said report shall be made to the
Supreme Court" ever by implication
make any provision for the committee
to sit together and hear evidence after
the General Assembly had adjourned.
My Interpretation of the wording of
the resolution then is, that when the
General Assembly adj mrned, this
committee, like all the other legisl1-
tive committees where it is not other
wise specially provided, became unctuS
o6iciO, except as to making a formal
report to the Supreme Court, il s cad
of to the General Assembly, of what
the committee had heretofore done. 1t
is familiar learning that whenever a
legislative body desires to have a COM
mittee from the body sit during a re-
cess of the body, it should make ex-
press provision to that effect.
In the case of Marshall VS.. Harwood,
reported in 7Gh Maryland Reports 466.
at page 482, the Supreme Court of
Maryland said: But to avoid misap-
~prehension from this approval of the
reasoning of the Judge below, we
deem it proper to say that in
our opinion, the bond of the petit
TONER could not be legally approved
by the committees on the library, ex-
cept during the session of the legisla
ture, committees have no power to
act as such during the recess of the
legislature, WnIess they are authorized
specially to do so" l see no authority
in this Arlington resolution specially
authorizing this investigating commit
tee to continue it's sessions beyond the
adjournment of the General Assembly.
and hence my opinion follows that if
they have met since the General As
sembly ad 1urned, Or incurred expenses
of any kind, or shall hereafter do s.,
the same has been, and will be, with
out authority of law