The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-02-03

The organic act establishing our leii4lO-
rial government confers legislative power
upon the governor and the legislative as
sembly, which power extends only 10
"rightful subjects Of legislation not incon-
sistent with the constitution and the laws
u. S. as amended by actofg-vshrdlubz
of the United States" Section 1851 Re
yised Statutes as amended by act June l9,
1873, designates specifically the subordinate
officers of each branch of the territorial
legislature and provides for theft compen-
sation and payment by thee United States
and saws mo greater number OF oflcers
or charges per diem shall be paid or al
lowed by the United States TO any terri
tory
Section 1855 Revised Statutes United
States reads: ''No law of any territorial
legislature shall be made or enforced by
which the members or officers OF
anv territorial legislature are paid any
counnensation other than that provided by
The laws Of the United States, and Sec
ZION 1883. Revised Statutes United States,
Drovides that mo legislative assembly OF
a territory shall in any instance or under
any pretext exceed the amount appropli-
ated bv congress for its annual expenses.
In the case Of National Bank vs.. county
of Yankton, 1O1 u. S. 129, Mr.. Chief Justice
Waite in announcing the decision OF me
supreme court of the United States, says:
'.Al territory within the jurisdiction OF
the United States not included IN any
state must necessarily be governed by or
under the authority Of congress.
The relation Of the territories to the gen
eral government is much the same as that
which counties bear to their respective
states, and congress may legislate Tor
them as a state does for its municipal cor
poration. The organic law of a territory
takes the place of a constitution as the
fundamental law Of the local government
1T Is obligatory and binds the territorial
authorities Congress has full and com
plete legislative authority over The people
of the territories. and al departments o.
the territorial government,
Attorney General Miller, - May. 1858, in
an opinion relating 70 the powers OF terri
torial legislation cites this decision OF the
supreme court as making the eractments
of congress supreme and n effect the con-
stitution Of the respective territories
Attorney General Garland, IN an opinion
February s, 1857. discussing the proper
construction of the act Of June ue, 1878,
amending section 1861. r. S, says that it
was the intention Of the legislature plain
ly to reduce expenses
Decisions Of the supreme courts Of the
several territories upon this question have
been uniformly in conformity with said
decision 10y the supreme court Of the
United States.
In o,,r o1ur +arri+or1- +1,a sAcond lepisTat-
i've assembly passed an act providing for
additional officers and attaches Of the eg
islature and appropriating monies out Of
the territorial treasury to pay the same,
but the territorial auditor refused to
issue his warrant 10 such officers and at
taches and a case was brought in our su-
preme court to compel the auditor TO issue
such warrants, which case was dismissed
by the court on the 18th day of February,
1893, and the mandamus prayed for was
denied.
In 1895 the Third legislative assembly,
desiring to- employ additional help, caus-
ed another case to be brought before the
supreme court, which sustained the law,
two Of the associate justices dissenting,
whereupon the auditor issued hi warrants
to the subordinate officers and attaches
employed under said law, and IN pursu-
ance Of the necessary acts of appropria-
ton by the legislature. The Fourth legis-
lative assembly repealed the act providing
for additional officers. etc, and enacted a
new law, which will be found on page 200
session laws Of 1897, chapter 81
After carefully reading all laws referred
to and the several decisions of the sew
eral territorial supreme courts and the
decisions Of the supreme court of the
United States. am fully convinced that
there IS no law Of the United States Gre
atng or recognizing such subordinate Of
fcers and employees of either branch of
the legislative assembly as this bill seeks
TO appf+@s late moneys for compensation;
that the laws of the United States forbid
the payment of moneys belonging to this
territory to any subordinate officers or
attaches Of a legislative assembly; and
that the laws of the United States forbid
the creation OF such subordinate offices
by a legislative assembly, and that my
approval Of this bill would be a participa-
ton in an attempt to use the moneys be-
longing to the territory for a purpose not
a rightful subject of legislation by ter
inconsistent with the laws of the United
States and clearly illegal.
1 come now to the second objection to
this bill as stated by me. viz: that It is
unwarranted Y any necessity Of public
service and is an extravagant expendi-
ture of public funds. I am well aware OF
the necessity and the value of an increase
In the clerical assistance permitted to the
legislative assembly by the acts Of con-
gress and would aid and assist by every
means within my power to so present the
matter TO the attention of congress as to
secure its consent 10 he employment OF
such reasonable help as the exigencies Of
the situation would seem to require.
This bill Is not in itself for a large or an
excessive amount hut IL is only the fore
runner Of other appropriations TO follow
ior the same purposes, which would at
the close OF the present session Of the
legislature. when summed up. disclose the
enormity of the expenditure to be made
out Of the territorial treasury. and the
matter is Of such Importance TO the hest
political and material interests Of orr peo-
pie that in my judgment it should he
honestly met and dealt with at the very
threshold.
am advised that under the act Of the
Fourth legislative assembly, heretofore
referred TO, the two branches Of the Fifth
legislative assembly have elected addi-
honal subordinate officers and employees.
IS follows:
IN THE COUNCIL
One assistant chief clerk at 81 pe-
day, % s...-....--...--........--S 30 q
Two assistant chief clerks. at s.
per day each. 50 days.............. $50 q