Milford chronicle. [volume] (Milford, Del.) 1878-1974, 1929-03-15
LEGISLATURE AGREES
TO COMPROMISE ON
MILEAGE CLAIMS BILL

uSI VI Tie Ou0 I1uuuT6u anu t1rSL
General Assembly of the State of
Delaware, for expenses connected
with said session-and submit the
following as my objections to the
Bill:
1.-THE intent of the Bill, as 1 under
stand it, is to recognize and author
ize the payment of a claim of
Member of the 101st General Assem-
bly, for expenses incurred in trans
porting the individual Member of
the said General Assembly, from his
home to the place of sitting of the
101st General Assembly and there
from to his home.
81 am advised by the Supreme
Court of the State that under the
Constitution and the Laws of the
State of Delaware, the Members of
the General Assembly of the State
of Delaware are entitled to mileage
in travelling from their homes to
Dover and returning from Dover to
their homes during the session of
the General Assembly, but that the
appropriation for mileage in order to-
be justified under the Constitution,
must be limited to reasonable ex-
penses actually incurred.
"In view of the Supreme Courts
decision, the right of the General
Assembly to pay themselves mileage
is sustained, and the question rails
ed by Senate Bill No. II, which is
now before me, is the validity of the
appropriation authorized by said
Bill.
mot having at hand any informa-
ton as to how the claimant who
benefits by the Bill, obtained trans
portation to and from the place of
sitting of the 101st General Assem-
bly, and his place of residence, or
the number of days in which he
actually incurred an expense for
transportation, and the amount of
such, I am not in position to ap-
prove the appropriation authorized
by Senate Bill No. II, as a reason
able expense actually incurred.
"In the event the sum authorized |
to be appropriated by Senate Bill |
No. II, to a Member of the 101st |
General Assembly as an allowance
for an expense of the 101st General
Assembly, is not for transportation |
to and from the place of sitting of |
the 101st General Assembly and the
Members place of residence, during
the session of the said General As
sembly, 1 am unable from the lang
uage of the Bill to determine what it
covers and am therefore precluded
from approving it.
IT regret that under the circum-
stances I cannot bring myself to ap-
prove the Bill and 1 therefore re-
turn it without my approval to the
House in which it originated.
Yours respectfully,
Governor"
The letter from the Chancellor
and judges to the Governor follows:
ITO the Honorable,
c. Douglass Buck,
Governor of Delaware,
"Dover, Delaware.
Sir
1--WE have the homo rto acknowl-
edge receipt of your letter of the End
instant, addressed to the Chancellor
and Judges, in which you ask our
opinion upon the two questions
therein stated. The questions are
as follows:
'First-Are the members of the
General Assembly of the State of
Delaware, under the Constitution !
and Laws of the State of Delaware,
entitled to money for mileage in
from their homes to Dover
and returning from Dover to their
homes during the session of the {
General Assembly?
'Second-Would an Act passed :
by the General Assembly appropria-
ting money as an allowance to
member of the last General Assem- J
bly, for expenses connected with
said session. in the form of the sew
snteen Acts enclosed herewith and i
not disclosing the nature of the ex-
Denses, and whether or not it was t
4 proper expense, be constitutional t
f approved by me?' c
1--WE take up these questions in l
he order stated.
"In considering the first question, l
here are two constitutional pro- a
risions that are particularly peril
lent. They are the following: 1
"Article II. Section Is. The men, C
,ers of the General Assembly, ex- I
ept the presiding officers of the re- n
pective Houses, shall receive as
for their services a v
yer diem allowance of ten dollars, l
nd the presiding officers per diem n
Allowance of twelve dollars for each
lay of the session, not exceeding I
ixty days; and should they remain
onger in session they shall serve
Without compensation. In case a
pecial session of the General As
emily be called the members shall
eceive like compensation for per-
cd not exceeding thirty days.
article VIII. Section 6. No mon
Y shall be drawn from the treasury
'ut pursuant to an appropriation
made by Act of the General Assem-
ly; provided, however, that the
of the members of the
Heneral Assebly and all expenses
with the session thereof
nay be paid out of the treasury pur-
uant to resolution in that behalf;
"a -
1.-THE first quoted section (Section
6, Article ID specifies the compen-
alton which shall be- received by
he members of the General Assem-
~, and under well established /
rinciples of Interpretation, no other
mount than that specified can be
aid to them as compensation for
srvices, either directly or Indirect
7. 1t is permissible, however, for
he General Assembly to appropri-
to funds to cover expenses con-
ected with the sessions of the Gen
raj Assembly, as is manifest from
le recognition of power to that end