The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-02-02
House Chair Stands Pat, Backed by
Attorney-General Kuhn's Decision
Against Seven-Days' Pay For
Legislatures Employees,
Legislators Vote Against Cut, But
Will Have To Begin Mandamus
- Proceedings
-sPEAkER BAKER,
(From a staff Correspondent

| odlu SptdhcI Ddhcl' sSSNNiN"''
the house mad broken away from him
and concurred il the senate's resolu'
ton 10 pay legislative employees seven
Gays salary week instead Of Il street
Ter diem as advised by Attorney-Gen
eral Kuhn. II don't want any one TO
think am fool enough to take the
opinion OF any cornheld lawyer as
against that or Tie legally constitutes
legal adviser OF the state.
The force of the arguments oil
! those people seems TO be that II
graft has become gray-headed, We
ought TO respect IL fer hat reason,
Il will accept service, i! mandamus
proceedings are instituted, and Will
do everything TO expedite final de
cision. but | insist that IL shall be an
authoritative one
The house of representatives yeste''
day afternoon settled the question or
weekend salaries for employees, which
caused a break between a majority or
the members and the speaker las,
| week, by voting Ga TO SO 10 concur
In a senate resolution TO pay full time
The resolution was introduced by
Senator Guy Miller in the senate. aud
passed without argument. IL reads:
Whereas, IL has been the custom OF
the Legislature for q period or Owe"
so years TO pay not only its officers
and employees, but also its members
for seven days a week, thereby plac-
ing a construction on what Is meant
by the words per diem; and
Whereas, IL Is a well-established
principle OF law that the construction
OF statute uninterruptedly acqui-
esced in for 9 long period will not be
disturbed except by Legislative enact
ment: and
Whereas II mas been uniformly held
by the courts In all cases involving
what Is meant by a per diem COM
pensation for actual attendance, that
weekend recesses are not regarded |
as permanent cessations OF the busi- |
ness OF legislation, but In the nature |
Of adjournments from day TO day |
when In legal contemplation the bust
ness Is progressing, and that II was
never intended that remuneration |
should cease during such adjourn
ments; therefore be il
Resolved by the senate 1.-THE house !
of representatives concurring), Ths-
the speaker aud clerk of the house
and the president and secretary OF
the senate are hereby respectively |
Instructed To certify the pay OF the
several officers and employees In the
house and senate seven days in each |
week
When the resolution was received
in the house, Rep. Dusenbury, OF Isa-
ali 10 nhat nf a. M
mittee on judiciary, opposed u, re- |
ferring to the opinion handed down
last week by the encouragement.
y Paul King, clerk of the house, has |
expressed mis- willingness to go TO the
supreme court with this proposition /
on mandamus proceeding, and THAI
would be the proper method TO have |
the question settled once and Tor all.
"said Rep. Dusenbury. II would call
the attention OF the majority members |
OF the house to the fact that two
years ago the minority party had only |
two representatives, and now has IL
III we continue this high-handed pro |
cedure, the next session may see us
in the minority Let friendly man
damus proceeding be started, and set. |
tie the matter properly.
Rep Verdier, OF Grand Rapids, re-
piled TO Dusenbury, saying that less
than 10 persons were opposing the
full-time pay. Verdier then made the
astonishing statement that the attor-
.ney-general, in giving his opinion, had
quoted only part of the opinion In the
principal case on which IL was based.
that OF Moren VS.. Blue, in Alabama.
He proceeded 10 read the remainder
of the opinion, which would seem 1
support the contention that employees
were entitled to full pay except where
legislature adjourns for long period.
After | had found this out, went
to Mr. Kuhn" said Verdier and he
said You little devil, have you been
reading that case% Then he said.
.Jon't you know that an attorney
reads the part of an opinion that wi
favor his own case?
KEEP. Warner. who with Clerk King
spent several days looking mp the law,
read what he termed a brief, To H."
effect that per diem had been taken
10 mean seVen-day pay ever since The
establishment OF the state In 1887,
aud that this usage had been accepted
az the basis of legislation He said
that where a custom had grown mp
like that, it became law.
Rep. Whelan and Rep. Mcbride
Joined III the diseHssioH,-Co Col Graves
moved TO table the resolution, but lost
ty vote of SO To Al. The resolution
vas then adopted BY vote of Go to
81, the poll beng as follows:
Aye-Reps. ANDERSON, Ashley, Ans
tin, Averill. Baldwin, Ball, Browh.
GuIpham. Chamberlain, ler,
Clark, Gopley. Cummins, Decker. Dunn.
Flowers. Gard Giles, G. NJ. Green. ID.
A. Green, Haviland. Heckert, Henry,
/ Hinkley. Holcomb, Holland, Jensen.
Happier. Kemerling. Kerns, knight.
Leonard. Mcbride. Mo Ee 6chern, Nc
Naughton, McNitt, Mart2. MilIikin.
Morford. Morgan, MOI rison. Myers.
Samuel Odell, Ogg, Parks, Pearson,
Rankin, Russell, Smith, Stevenson.
Stewart, Unsoeld, Nerdier, Walker,
Warner. Waters Wheeler, Whelan,
Willoughby, Wood. Woodruff. Wood
worth, Yaple, Yeo-64
Nay-Reps. Bierd. Bricker, Catlin,
Chambers, Currie, Dnsenbury. Ewing.