Northern Wisconsin advertiser. [volume] (Wabeno, Wis.) 1898-1925, 1907-07-18
WELL KNOWN PRovis
ION OF FUNDAMENTAL LAW.
LEGISLATORS IN A NAP
judiciary and Revision Committees,
Reference Library Experts and
Others Fail to Recognize Familiar
Legal Point in Measures to In
crease stipends.

Madison, July IL.
1t was discovered yesterday that all
the bills passed by the legislature pro-
viding for raises dn salary for va
rious state officers and emplyes are
unconstitutional.
oh grief!
1t was discovered that all these bills
provide for an increase of salaries
iduring the terms of office OF the pres
ent incumbents.
Section rs of article of the state
constitution says:
The legislature shall never grant
any extra compensation to any pub
tic officer, agent, servant or contractor,
after the services shall have been
rendered or the contract entered into;
nor shall the compensation of any
public officer be increased or dimin-
ished during his term of Office"
An investigation discloses that the
court reports are full of decisions
such as:
This provision applies only to off,
Gers who receive fixed salary from
the state treasury" and
| If at the time a clerk of a COM
mittee of the legislature is chosen,
there is statute in force which fixes
his compensation, an act passed after
his employment which increases it is
void
AS result of this disclosure there
is weeping, wailing and crashing of
teeth, for some Lad spent part of the
prospective increase in entertaining
friends in celebration of the passage
of the bills. Among the officials elec-
ted are:
Attorney General Frank L. Gilbert,
whose salary was increased from So. 900
year to $1,000.
Insurance Commissioner George E.
Beedle, whose salary was increased
from $500 to $1,000.
Banking Commissioner M. C. Bergh.
whose salary was increased from $1,000
to $4,000.
Assistant Secretary of State A. T.
forge. whose salary was raised from
$4,000 to $2,500
Incorporation Clerk Samuel T. Walker.
whose salary was increased from
81 200 to $500
Deputy Insurance Commissioner M.
W. Waite, whose salary was increased
from $500 to $1,000.
| In addition to these increases there
was an important reorganization in
the Office of the attorney general,
which provided for a deputy attorney
general whose salary should be $4,000.
The salary of the first assistant attor-
ney general. which hitherto has been
$4,000, is increased to $4,000. The sal
airy Of the second assistant, which
heretofore has been $1,000, is increased
to 1880, and the third assistant, who
heretofore has been known as law
examiner" and drew salary of $500,
is given under this reorganization
$4,000
All these are included in two bills
The one recognizing the attorney
generals department. was signed and
published yesterday and is beyond re.
call or remedy except by repeal.
the other hill. providing for the in
surancc commissioner, banking COM
missioner, deputies. assistants, clerks,
watchmen. policemen and laborers.
went to the governor last night for his
signature.
The bills with the unconstitutional
provisions passed the scrutiny Of the
Legislative library. the revision com
assembly. the attorney general and
mittee. the judiciary committee of
both houses, the committee on state
departments. a tvro days debate In the
assembly, the attorney general and
L. NJ. Sturdevart. who as executive
agent is assisting the governor in read
ing the bills sent to the executive Office
for the signature of the governor
There is pathos as well as humor in
the situation because some of the in
creases were exceedingly meritorious
and cannot be made available for the
present incumbents. In the case OF
Banking Commissioner Marcus c.
Bergh the increase would not be made
available for three years He was
appointed In 1905 for term OF FIVE
years, and under the constitution could
not have his salary increased until the
end of the term for which he was ap-
pointed
The constitutional provision here in.
VOWED is well known. Because OF IL
the older members of the supreme
court are drawing less salary than the |
newer members. and will not enjoy !
the increased salary voted years ago /,
by the legislature until their present
terrus expire.
Even the Madison common council
took cognizance of this principle in /
voting salaries to aldermen. for none
of the aldermen holding over las: .
spring can enjoy the salary voted. 1
New Oirecto- Of the Mint