MESSAGES FROM THE GOVERNOR. The following message from the Governor was received and read: To the President of the Senate: EXECUTIVE Office, Lansing, May 23, 1901. Sir-I have this day approved, signed and deposited in the office of the Secretary of State Senate bill No. 260, being An Act to provide for the catching of carp, suckers, and red sides with nets or spears in the inland waters of Wayne county; Also: Senate bill No. 40 (file No. 168), being An Act making appropriations for the State Asylum, Ionia, Michigan, for building and other special purposes, for the year ending June 30, 1901; Also: Senate bill No. 344 (file No. 176), being An Act to amend sections 8 and 9 of Act No. 119 of the Public Acts of 1893, entitled “An Act to define what shall constitute fraternal beneficiary societies, orders or associations; to provide for their incorporation and the regulation of their business, and for the punishment for violation of the provisions of the Act of their incorporation, and to repeal all existing Acts inconsistent therewith," the same being sections 7747 and 7748 of the Compiled Laws of 1897, and to add two new sections to said Act, to stand as sections 21 and 22. Very respectfully. A. T. BLISS, The following message from the Governor was also received and read: To the President of the Senate: EXECUTIVE OFFICE, Sir-I have this day approved, signed and deposited in the office of the Secretary of State Senate bill No. 156 (file No. 52), being An Act to provide for the construction and equipping of a psychopathic ward upon the hospital grounds of the University of Michigan, and to appropriate the sum of $50,000 therefor. Very respectfully, A. T. BLISS, Governor. The following message from the Governor was received and read: To the President of the Senate: EXECUTIVE OFFICE, Sir-I have this day approved, signed and deposited in the office of the Secretary of State Senate bill No. 349, being An Act to amend section 2 of Act No. 3 of the Public Acts of 1873, entitled “An Act to provide for the payment of the officers and members of the Legislature," being section 12 of the Compiled Laws of 1897; Also: House substitute for Senate bill No. 317, being An Act to amend sections 145 and 146 of Act 206 of the Public Acts of 1893, entitled "An Act to provide for the assessment of property and the levy and collection of taxes thereon and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed, establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the State and not redeemed or purchased; and to repeal Act No. 200 of the Public Acts of 1891, and all other Acts and parts of Acts in anywise contravening any of the provisions of this Act," as added to said Act by Act No. 154 of the Public Acts of 1899, approved June 23, 1899. Very respectfully, A. T. BLISS. The following message from the Governor was also received and read: To the President of the Senate: EXECUTIVE Office, Sir I have this day approved, signed and deposited in the office of the Secretary of State Senate bill No. 553 (file No. 114), being An Act to provide for compensation for the several members of the Board of State Auditors in lieu of the reimbursement of such officers under the present laws for traveling and hotel expenses; In this connection I desire to submit the following self-explanatory correspondence: EXECUTIVE Office, Hon. Perry F. Powers, Auditor General, Capitol: Sir-I have signed and caused to be deposited today in the office of the Secretary of State Senate bill No. 553, being An Act to provide for compensation for the several members of the Board of State Auditors in lieu of the reimbursement of such officers under the present laws for traveling and hotel expenses; Inasmuch as the constitutionality of the Act is the chief point of contention, by arrangement with the auditors no money is to be drawn by them under the provisions of the law until its constitutionality shall have been settled by the Supreme Court. The claim of the auditors is that there is a large amount of work thrown upon the board, not contemplated when the Constitution was framed, and that if the measure under discussion is within the limits of the Constitution, the compensation stated should be paid them. This view having been accepted by the House and Senate, I have approved the Act so that the courts may have an opportunity to decide the matter. In this connection I desire to submit the opinion of the Attorney General, which is as follows: Lansing, Mich., May 18, 1901. Hon. A. T. Bliss, Governor, Lansing, Mich. : Dear Sir-In compliance with your request as to whether the House bill recently passed and now before you for your consideration, providing for compensation to be paid to the members of the Board of State Auditors for services rendered by them not contemplated in the Constitution, is unconstitutional as in violation of section 1 of article 9 of the Constitution of this State providing that said officers "shall receive no fees or perquisites whatever for the performance of any duties connected with their office," I would say that I am clearly of the opinion that the legislation in question is valid and constitutional, and does not violate the constitutional provision referred to. This bill was prepared by me after I had examined the question and reached the conclusion that the Legislature could legally provide for compensation to be paid to the members of the Board of State Auditors for the performance of duties not contemplated in the Constitution, and careful and complete subsequent examination and consideration has not altered, but has confirmed my opinion which is based upon the following considerations: In the first place a proper consideration of the language of the Constitution under consideration limits its application to those services and duties which are mentioned in or contemplated by the Constitution, and not to any services or duties which have since been imposed upon these officers and were not thought of or contemplated at the time of the adoption of the Constitution, and are not mentioned in that instrument. This view finds support in the early case of People vs. Auditor General, 5 Mich. 195, 201, where, in speaking of the salaries provided for in the Constitution, the court said: "The salary is not given for one thing or for another. It is given to the Governor, to the auditor, to the judge; and it must be understood, as it is plainly expressed. to be the salary for such duties as are imposed upon them officially by the Constitution. The same instrument creating the office, the duties and the emoluments, they must all be held as belonging together, and constituting a complete guide to the whole matter." This view also finds support in the case of City of Detroit vs. Redfield, 19 Mich. 376, 383. In this case the right of a city officer to compensation for the performance of duties not contemplated in the charter was at issue, and it was held that he was entitled to be compensated by the city in addition to his regular salary for the performance of duties. not contemplated in the charter. There the court said: "It is unreasonable to suppose the legislature intended that such services and to such an amount should be performed without compensation; and the Act of the Legislature requiring them, being passed long after the charter and upon a subject not within the contemplation of any of its provisions, must be considered as taking this claim out of any provisions of the charter, which might deprive the council of the power to pay for services performed under, or provided for, by the provisions of the charter, if any exist, which might have such effect." The application and analogy of this case and the language above quoted is more clear when the Constitution is considered in the place of the charter, and the Legislature in the place of the common council. Are the Board of State Auditors performing duties and services not contemplated by the Constitution? The constitutional duties of this board are fixed in the following language: "The Secretary of State, Treasurer and Commissioner of the State Land Office shall constitute a Board of State Auditors to examine and adjust all claims against this State, not otherwise provided for by general law." These are the sole constitutional duties of this board. Any other duties imposed upon it are extra constitutional and not contemplated by that instrument, and there have been numerous duties imposed on this board which do not come within its duties to audit claims not provided for by general law; thus it is made the custodian of the State House and grounds, and State property generally which is not expressly confided to some specific officer. They are the agents of the State in letting contracts for supplies, stationery, printing and fuel, and have full charge and supervision over all matters of that character. The resulting conclusion therefore is, that as the limitation upon the right of the State officers to receive fees and perquisites in addition to those rendered in the Constitution, and the authority of the Legislature to grant compensation in addition to that given in the Constitution is limited to those services which are designated and contemplated in the Constitution, and does not extend to duties not mentioned and not contemplated in the Constitution, it follows that as the officers constituting the Board of State Auditors perform numerous extra constitutional duties, it is within the province of the Legislature to provide and fix compensation therefor. I would reiterate in this letter as I have already done to you orally, that I am very strongly of the opinion that this Act will be sustained by the courts. I judge from statements made by you to me that you have no doubt as to the propriety or the justice of this legislation provided only it is constitutional. If, after this letter, you still feel in doubt I hope you will solve the doubt in such a way that the courts can pass upon the matter. The reasonableness of the measure is such that I believe it is entitled, now that it has received the sanction of both Houses and the indorsement of the Attorney General, to have its chance before the courts, and I trust that under the circumstances you will approve the bill. Respectfully submitted, HORACE M. OREN, This, then, is to notify you of the arrangement reached, so that all rights under the Act may be fully determined, I have thought it best to explain the situation fully to the two Houses, so that they may understand what is to be done. Respectfully, A. T. BLISS, The following message from the Governor was also received and read: To the President of the Senate: EXECUTIVE Office, I nominate Thomas B. Dunstan, of Hancock, Houghton county, as member of the Board of Control of the Michigan College of Mines, for the term of six years, beginning the 10th day of June, 1901. Very respectfully, A. T. BLISS, Governor. The message was referred to the Committee on Executive Business. The following message from the Governor was also received and read: EXECUTIVE Office, Lansing, May 27, 1901. To the President of the Senate: I nominate John M. Longyear, of Marquette, Marquette county, as member of the Board of Control of the Michigan College of Mines, for the term of six years, beginning the 10th day of June, 1901. Very respectfully, A. T. BLISS, The message was referred to the Committee on Executive Business. The following message from the Governor was also received and read: EXECUTIVE OFFICE, Lansing, May 27, 1901. To the President of the Senate: I nominate Charles W. Garfield, of Grand Rapids, Kent county, as member of the State Board of Forestry Commissioners, for the term of four years, beginning the 2d day of July, 1901. Very respectfully, A. T. BLISS, Governor. The message was referred to the Committee on Executive Business. The following message from the Governor was also received and read: To the President of the Senate: EXECUTIVE OFFICE, I nominate H. N. Loud, of AuSable, Iosco county, as member of the State Board of Library Commissioners, for the term of four years, beginning the 8th day of June, 1901. Very respectfully, A. T. BLISS, Governor. The message was referred to the Committee on Executive Business. |