¡B.. } ATTORNEY GETERAL'S OFFICE, DEAR SIR: 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 care necessary to express a decided opinion upon the validity of the act. My impression is, however, that it is unconstitutional. The language of the act clearly im plies, the money appropriated is to 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 to 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, Your ob't servant, HENRY N. WALKER. To the Auditor General. 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: t Sales and receipts from Dec. 1, 1844, to Nov., 30, 1845, inclusive. Total receipts at both offices on account school lands, $46,862 02 UNIVERSITY LANDS. Sales. 1,819.25 acres at $12 at per acre, $21,831 To'lac's s'd, 2,259.25 Total am't sold for, Receipts. On acc❜t of principal, warrants, $15,099 90 5,550 $27,381 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, 4,089 36 554 36 Total rec'ts at both offices on acc't State building lands, $4,643 72 INTERNAL IMPROVEMENT LANDS. Sales and Receipts. Sold to 37 pre-emption claimants 4,644.63 acres at $1 25 per acre, $5,505 80 Total amount of sales of University, School and State building lands, Total am't of receipts on acc't of said lands, 79,074 62 $105,727 45 $71,266 20 $184,802 07 |