Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-03-28

A committee Of Is were created by the Fortieth
legislature TO be known as the tax survey commission.
Three members Of the senate were appointed by the
president Of that body; four members Of the house
were appointed by the speaker. and eight public
spirited and capable persons who are private citizens
were appointed by the governor.
According to the act creating the committee the
members were to receive as compensation the sum OF
$40 per day for each day they actually served, TO-
gether with railroad fare, hotel, telegraph, telephone,
postage and express expenses incurred in tn dis
charge Of their duty. A sum Of $4,000 was appro-
priated to defray the compensation and expenses of
the committee.
Representative A. H. King Of Throckmorton de-
clared the act was in violation OF the constitution Of
the state. He invaded the court. Finally certified
questions from the court of civil appeals were passed
on to the supreme court Of Texas Tt was a knock
out for the lawmaker members Of the committee,
when this tribunal answered. 1t was declared that
they could not take down $40 per day for their serv-
ices as the constitution decreed that SIS was the pay
of a legislator. AS for the private citizen members
of the committee they were all to the good. Each
member received $40 per day and all expenSS incurrd
while in actual service of the state. AS to the consti-
tutionaI provision the high court decision reads:
"The legislature is forbidden to provide any greater
compensation for the services Of the members Of the
legislature than the stated per diem and mileage"
Dillon on municipal corporations was quotd by the
learned members Of the supreme court as follows:
ct is a we'll settled rule that a person accepting a
public office with a fixed salary is bound to perform
the duties Of the office for the salary. He cannot
legally claim additional compensation for the dis
charge of these duties, even though the salary may be
a very inadequate remuneration for the services.
Neither can he recover extra compensation for Incl
dental or collateral services which properly belong TO,
or form a part of the main office. An express con-
tract to pay such extra compensation or an express
allowance of 1t IS void"
This is the law Of the commonwealth according TO
the high court decree: "the trial court erred in It's
holding to the effect that the resolution was uncon-
stit7utionaI and void in so far as it directed the pay
ment of money out of the legislature contingent eX-
nense found for the expenses Of the legislative men,
hers of the committee; but the trial court did not err
In the Judgment to the effect that the resolution was
unconstitutional and void in SO far as it directed the
navment Of money out Of said fund for compensa-
ton to the legislative members Of tn committee. The
trial court did not err in the holding to the effect
that the resolution was valid In so far as it directed
the navrnent of money out of the legislatures con-
timed expense fund for compensation and expenses
of the members of the committee who were not men,
bers of the legislature"
FORMER Gov. Oscar B. Colquitt is chairman of the
tay survey commission. He is a lawyer. Senator A.
= woods and A. J. Wirtz and Edgar E. Witt are
r,er,bers of the commission. These gentlemen are
,owvers- There IS a former senator Ga prominent
,awver) "a private citizen appointed by the COVER
nor" Judges Of the court OF last resort interpreted
tte constitution for the lawyers and the lay members
IF The tag survey bureau or commission. A report
mill he submitted to the special session of the legisla-
t,,~o ~ the activities Of the tax survey. 1t will be
t,ra shed out by lawyers who are lawmakers and law
walkers who are laymen at the coming special seS-
sion in the month Of April.