« AnteriorContinuar »
Detroit, May, 1845. DEAR Sır: Your favor of the 29th ult., asking my opinion as to the constitutionality of the clause in the appropriation bill approved March 24th, 1845, "allowing to the member from Michilimackinac for extra time before the session of the legislature, at the rate of three dollars per day, to be paid on the certificate of the member," and also whether in case you entertained doubts as to the constitutionality of the provision referred to, a warrant should be drawn before the validity of the clause was tested before the supreme court, has been received.
In reply to the first question, I would say, it is one of considerable doubt, and is so important, in the principles involved, that I have not been able to examine it as yet with that core necessary to express a decided opinion upon the validity of the act. My impression is, howeyer, that it is unconstitutional. The language of the act clearly im. plies, the money appropriated is 10 be drawn from the treasury to pay a member of the legislature as such.
The constitution declares the pay of members shall never exceed three dollars per day, No specific time is stated for which they are 10 be paid; but there can scarcely be a doubt but the construction will be, that the pay is to be for the time the legislature is actually in session. But one other interpretation can be given to the constitu. tion, and that is, the members shall receive pay during the entire terms for which they were elected, whether the legislature is in session or not. This seems to me to be inadmissible. If the legislalature can pay one member for extra time, they can pay all, and the limitation would then be a nullity. The question is of such a character, I should think you would be fully justified in declining to draw a warrant, until it is passed upon by the supreme court.
In reply to the second question, it is, in my opinion, (in case you entertain doubts as to the validity of an act of the legislature,) your duty to decline acting under it, until the constitutionality is decided by the appropriate judicial tribunals.
I am respectfully,
HENRY N. WALKER. To the Auditor General,
ANNUAL REPORT of the Commissioner of the
State Land Office.
STATE LAND OFFICE,
Marshall, December 1, 1845. To the Legislature of the State of Michigan:
In obedience to the requirements of law, I respectfully submit the following report, exhibiting the proceedings and affairs of this office during the last fiscal year: Sales and receipts from Dec. 1, 1844, to Nov. 30, 1845, inclusive.
225.40 do. at $6 88} ave. pr a. 1,550 84
former payments as pr
T'la's s'ld 6,684.59 Total am't sold for,
Receipts. On account of principal,
$20,030 63 Do. of interest,
25,437 53 Do. of penaltys
1,235 17 Do.. of rents and trespasses,
158 69 Total receipts,
$46,862 OZ Of which amount there was received at the Land Office, principal, $13,629 40 Do. int’st, penalty, rents, &c. 12,886 97
-$26,516 37 At State Treasury principal, $6,401 23 Do. do. int'st & pen'lty, 13,944 42
Total receipts at both offices on account school lands, $46,862 02
per a., 5,550 To'l ac's s'd, 2,259.25 Total am't sold for,
817,593 86 Less this am't transferred to Uni
versity interest fund, erroneously entered,
-$17,561 66 On acc't of int'st, including $3220, above mentioned
$9,467 99 Penalty,
-$10,007 22 Total receipts,
Of which amount there was rec'd at the land office, principal, rents, &c., $16,076 14 Do. do. interest and penalty, 7,271 51
-$23,347 65 At State Treasury, principal,
1,485 52 Do. do. interest and penalty, 2,735 71
Total receipts at both offices, on acc’t University lands, $27,568 88
Of which amount there was received at the
land office, At State Treasury,
Total rec'ts at both offices on acc't State building lands, $4,613 72
INTERNAL IMPROVEMENT LANDS.
Sales and Receipts. Sold to 37 pre-emption claimants
4,644.63 acres at $1 25 per acre, $5,503 80 Public & private sale, 75,917.44 do do do 91,893 93
Asset lands sold,
2,250.00 do rec'd from Trustees and
for interest on lands sold, 2,768.72 5,018 72
Received for rents,
Of which amount there was received at the
102,953 73 At State Treasury,
Total receipts at both offices on account Int.
Total am't of receipts on acc't of said lands, 79,074 62
do do for Int. Imp. and Asset Lands,
Total am't of receipts on account of all classes
Of which amount there was received
AT THE LAND OFFICE. On account of School Lands,
26,516 37 do do University Lands,
23,347 65 do do State Building Lands,
4,089 36 do do Int. Improvement Lands, 102,958 73
-$156,912 11 AT STATE TREASURY. On account of School Lands,
20,345 65 do do University Lands,
4,221 23 do do State Building Lands,
554 36 do do Int. Improvement Lands, 2,768 72 27,889 96
Total am't of receipts at both offices during the year,