State ex rel. Weldon v. Thomason

142 Tenn. 527
CourtTennessee Supreme Court
DecidedDecember 15, 1919
StatusPublished
Cited by53 cases

This text of 142 Tenn. 527 (State ex rel. Weldon v. Thomason) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Weldon v. Thomason, 142 Tenn. 527 (Tenn. 1919).

Opinion

Me. Justice Bachman

delivered the opinion of the Court.

The present controversy is succinctly stated in the agreed case submitted to the chancery court of Davidson county) under the provisions of sections 5206-5210 of Thompson’s Shannon’s Code, and is as follows:

Agreed Case.
“There having arisen between relators and the defendants a substantial controversy as to the rights of relators and the duties of defendants respecting the matters hereinafter disclosed, the following statement of facts and of issues arising therefrom has this day been agreed upon between counsel representing the relators and the defendants through themselves and Special Attorney Edward J. Smith, representing them:
“(1.) Relators were members of the Legislature of the State of Tennessee from Shelby, Madison, Henry, Grundy, Knox, and other counties, having been regularly elected thereto in Novembér, 1918. They were duly inducted into office and were in constant attendance upon the Legislature during its sittings of 1919, and are entitled to all sums that were lawfully appropriated to and may lawfully be claimed by legislators for seventy-five days of service.
“(2) Relators - live away from Nashville. They incurred while in attendance upon the Legislature of [531]*5311919, in the matter of stenographic hire, postatge, stationery, attendance" npon committees, other'than recess committees, and personal and living expenses incurred while serving at the capitol and in Nashville as legislators, considerable snms of money Relators have received their $4 per day and $4 mileage as provided by the Constitution, but have not been reimbursed the expenses incurred by them in Nashville during the 1919 legislative session. The appropriation of $150’ to each member of the General Assembly was made to reimburse each member for the expenses incurred as above specified.
“(3) It is further agreed that the Miscellaneous Appropriation Bill, filed herewith as Exhibit A, but not to be copied, was regularly passed by the Legislature and approved by the Governor on April 1.7, 1919, being chapter 135 of the 1919 session. It is agreed that either party may read, therefrom such portions as may be deemed pertinent, and that no other certification is needed.
“(4) It is further agreed that the General Assembly of 1919 adjourned sine die on April 17, 1919.
“(5) Relators have made demand upon the comptroller through themselves or counsel for the issuance of his warrant upon the treasurer for said $150 each, but the comptroller refused and still refuses so to do, being advised that the appropriation of $150 is illegal and unconstitutional.
“(6) It is further agreed that there is or will be in the treasury out of the current year’s State collections a sufficient sum of appropriated moneys to meet the appropriation provided for the legislators by the aforesaid Miscellaneous Appropriation Bill.
[532]*532“(7) The section of the Constitution brought into review is No. 23 of article 2, as follows: ‘The sum of $4 per day and $4 for every twenty-five miles going to and returning from the seat of government shall be paid the legislators as a compensation for their services.’
“(8) It is further understood that there arises upon the foregoing statement the question as to whether the appropriation of $150 is constitutional; and it is expressly agreed that this question is to be submitted to the Honorable John T. Lellyett, chancellor, as an agreed case under the statute, with the further stipulation that this shall he treated as a mandamus suit upon the comptroller and treasurer, and that judgment will he rendered as in such cases, and that this agreed case shall he treated as a bill for mandamus and a demurrer thereto with further stipulation of no further defense upon the part of these defendants than demurrer. It is further agreed that the costs will abide the event of the suit, and that either party may appeal directly to the Supreme Court, if not satisfied with the decree of the chancellor.
“(9) It is further agreed that the final decision in this cause will be determinative of the right of each and all of the legislators of the $150 appropriation.
“Respectfully submitted.
“E. J. Smith.
“Joseph Higgins-
“State of Tennessee, Davidson County.
“Edward J. Smith, special attorney for the State, and representing Messrs. Thomason and McAlister, and Joseph Higgins, solicitor for relators, each makes oath in due form that the foregoing is a real contro[533]*533versy, and that the same is submitted to the honorable court in good faith as an agreed case, as provided by statute.
“Edwai® J. Smith.
“Joseph Higgins.
“Swo^n to and subscribed before me this 10th day of June, 1919.
“[Seal] Bessie Hughes, Notary Public.”

The chancellor sustained the demurrer filed by respondents adjudging that the appropriation sought to be made was in contravention of section 23,. art. 2, of the Constitution, and dismissed the proceedings. In the view we take of the ease there arise but two questions .decisive of the controversy: First, the power of the Legislature to make appropriations for the necessary expenses of the members of that body when viewed in the light of our constitutional provisions; and, second, the binding effect of the admissions made or stipulations entered into between counsel construing the language used by the Legislature in making the appropriation in question. . It is, of course, to be conceded at the outset that the appropriation .made is unconstitutional and void, if the same can by proper construction be held to be an effort on the part of the Legislature to increase the compensation of the members of that body beyond the amount mandatorily fixed by section 23, art. 2, of the Constitution. By all rules of constitutional interpretation the amount therein designated as compensation to the legislators is to be deemed a direct limitation upon the power of the Legislature to make any other or different allowance for that purpose; it is the mandatory and conclusive [534]*534direction of the people upon the subject, to alter which every branch of the government is equally powerless. It is also well settled that the acceptance of public office at a fixed salary precludes the allowance of a greater or additional amount.

“Public office is taken and held with the emoluments and burdens which the law imposes, and the burdens are or may be far beyond the compensation allowed in many cases. But this gives no valid claim for additional compensation.” McHenderson v. Anderson County, 105 Tenn., 609, 59 S. W., 1020.

These propositions are elementary, and were the questions before us those involving the compensation of the members of the Legislature as distinguished from their expenses as disignated in the appropriation act, there could be no doubt of the invalidity of the appropriation sought to be made.

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Bluebook (online)
142 Tenn. 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-weldon-v-thomason-tenn-1919.