Show Sf AlE OFfiCERS PY AttorneyGeneral Breedens Explanation on It t WHAT THE INTENTION WAS Quotations From Hemarks Made by Members in the Constitutional Convention Con-vention Power Conferred Upon the Legislature to Change Salaries The Schedule as Fixed in tho Constitution Con-stitution Was Only Temporary Recognition of the Fact That tho Salaries So Fixed Were Very Low Editor Tribune There Is a misapprehension misap-prehension and consequently many misstatements a to the Intention of the framers of our Constitution respecting re-specting the salaries of State officers and the power of the Legislature to raise or lower them during the terms for which they wet elected The people peo-ple ought to know the facts Conclusions Conclu-sions hastily formed are often erroneous errone-ous Therefore without discussing or giving my opinion of the legal effect of the constitutional provision affecting State officers salaries which has furnished fur-nished such abundant food for tho newspaper writers and artists of the city I Avlll present the views which seemed to prevail concerning this subject sub-ject among the members of the convention con-vention Its whole tenor was In favor of adjusting small salaries to begin with for fear that large or even reasonable rea-sonable salaries would scare the people and possibly result In the defeat of the Constitution In order to correctly ar nyc at the Intention of the members of the Constitutional convention resort re-sort must be had 10 the proceedings of the convention Vhen the question of the salary of the Governor was being discussed Mr Squires made the following fol-lowing remarks Mr Chairman I want to call tho atten 2 tion of thC convention and especially Mr Hart to the tact that the compensation now provided will only ho during tho pleasure of the Legislature The first Legislature may change It These figures arc put In bore for the first term it might Pu not last more than one term at the figures named tlsures I No one will question the ability and Democracy of Judge Thurman In discussing dis-cussing the salary of the Attorney General he said among other things This article VJlj also provides that tho salaries ilxcti here shall continue such I until otherwise provided by law If the Legislature Imposes other duties upon him the same Legislature l If they Und In their Judgment that SHO is not enough in conslilcnilion of the extra dUlles they arC imposing upon him it will bo their duty to raise the salary In accordance with the duties that arc Imposed on the officer by dulcsU1at 102S Proc Con Com In the further discussion of the salary sal-ary of the AttorneyGeneral Mr Va nan saidJnter alta In speaking of one who might be elected outside of Salt Lake City He would certainly have to depend alono on his salary for his first term Now If the Legislature should Impose additional duties upon him still Mwt Legislature cnnnot Increase his cOCpen illoi during the term for which ho should bo elected because you prohibit thai In this Constitution Consti-tution thit is I tho Intention as I unfl r Fland it to prohibit the Increasing or 1 rrlnl hlng of his salary during he tfrjji of the incumbent all of tj > oto things ought lo He consldcrad of course Paso J 2J Proc Con Cony Mr Thurman said E In view of the suggestion mado by the gentlemen which had nut occurred to me before that a salary could not ho changed would it not bo better In this convention to provide an exception in the case of the first officers and perit the Legislature to fix It In accordance with thc increased duties that they may impost Im-post Id Mr Varlan Well I do not know Mr Chairman itoccurs to mo The Chair That is nQt before tho committee com-mittee anyway Id Mr Maloncy another sound lawyer deepdyed Democrat said I say the whole matter ought to bens fixed be-ns low as possible then let the Legislature fix the salaries Page 1001 Proc Con Con In discussing the salary for Super intendcntj of Public Instruction Mr Farr said among other things I thInk nOOO Is plenty unlll the Logis ijiluro meets I they want to they can change it Judge Goodwin said among other r things We are told today that the Legislature cnn fix it So far we have boon fixing thc Constitution so the Legislature will have no say and If this Is a superior body to what tho ordinary Legislature o this State Is 1 going to be In Gods name let us fix it f they cannot rob the man 4 entIrely and make him pay his own expenses ex-penses Page 1153 1 < Abel John Evans another able lawyer r law-yer 1 clearheaded legislator and an old line Democrat said among otherS other-S things speaking on this same subject sub-ject We provide horo Hint when the legislature legisla-ture shall meet they may provide some olrer salaries for these aricus officers but now in starting out in tho beginning of this nov Slate going before tho people with those largo HJilnricjj I say that It will he a mistake If wo do that ljago 3155 Id 1 < Mr Farr another vheelhorse in the Democratic chariot said 7 Fix those salaries n la reasonably low figure This salary i cnn bo raised by I lho roxt roglfluturo if they want that Is r what it provides for hut if you put It too large to bein with then It Is Going to frighten the peoplu No Gcn ilenicn we must pause md consider and S start In as we cm hold out t and Jot thee the-e lsUunre fix these matters as It Is reasonable rea-sonable Pago 11117 Id Mr I Abel John Evans speaks again I Hecmi K though we lose sight of the fnet that this paragraph as reported by E the committee provides that the Legislature C Legisla-ture may uiiku such changes as they may deem proper I IH not being fixed it 18 I not UE the laws of the Modes and Persians Per-sians u we are fixing It now upon trial vhlelyjit mOlt If the Legislature shall I t dormfguyiftahk lo make a change It will 1101 onlyincffor I two years Js I four ycars c i umlcllind 1 it ls not to take effect during 5 dur-ing their term i would ask whether hat la J a fact whether l the Treasurer Is elected elect-ed for Iour years Page u 11CO h4 I submit the foregoing extracts taken t tak-en from the proceedings of the Constitutional i Con-stitutional convention simply for the 5 I purpose oi advising the people of the u i hcntimcnt and apparent design of the t members of the Constitutional convention p t con-vention concerning the power conferred L t con-ferred upon the Legislature respecting the fixing of salaries of State ofllcern ci Judge Varian appears to be the only A member of the convention who gave gave T positive expression to any double relative a rela-tive to the power of the Legislature to Ifi fix the salaries o State ofllcers In accordance O I ac-cordance with whatever additional duties t du-ties that the Legislature might sec fit t r 1 f to Impose upon them S The last Legislature passed an act Increasing the salaries of the State officers I of-ficers The authority of the LegiBla S tare to do HO for the present Incumbents Incum-bents has been questioned Lawyers 1 djfior upon this question as they do upon most questions some holding t l F I the opinion that the Legislature Is prohibited 1 I pro-hibited from increasing the salaries of t the present Incumbents while others or hold to the contrary and rely upon tho it latter clause of section 20 of article m VII of the Constitution as expressive ic of the Intention of tho convention and dc granting this power to the Legislature 10 i The clause referred to roods as follows LL fol-lows The compensation of the officers offi-cers provided for by this article until otherwise provided by law Is fixed as follows The last Legislature attempted to otherwise provide by law and Increased c In-creased the Stale officers salaries and appropriated funds therefor Thero are about the facts as I understand them and not wishing nor intending to give my views us to the constitutionality constitu-tionality of the act of the Legislature I present the foregoing to tho readers of your paper that they may have before I be-fore them the whole case I will stale 1 J however In closing that there Is not a Slate officer In Utah who has any intentIon I I In-tentIon to grab salary unlawfully I i Truly M A BRKEDlflN I |