stitution, even though their compensa- gentleman, whom I desire to treat at me, the salary of the officer should be all times with the greatest respect. All reduced. The duties of other officers that I intended to intimate was, that, may be, and probably will be, increased. after we have specified particularly in The duties of the Superintendent of this section, what these salaries shall Public Instruction will in all probability be, it involves a little inconsistency, to be increased as the State continues to say the least, to declare that the Legis- advance in population. Hence it seems lature may at any time increase or di- to me impossible for us to fix the minish these salaries. This was all that amounts of these salaries in the ConI intended to say; and I certainly stitution in such a manner that they meant no discourtesy toward the gen-can remain permanently and be such as we shall desire to have them hereaftleman from Wayne. ter. Consequently, I am in favor of the provision adopted on the motion of the gentleman from Wayne; but I think its operation should be somewhat restricted by the amendment which I have proposed. tion might not be so high as they Mr. GIDDINGS. I ask a division of the question on this amendment, so as to take the question first on inserting the words, "by a two-thirds vote of the members elect to each House." The PRESIDENT. A division being called for, the question will be first taken on inserting the words just stated by the gentleman from Kalamazoo, (Mr. GIDDINGS.) Mr. LOVELL. I move to amend the amendment by striking out "twothirds," and inserting "a majority." The amendment to the amendment was not agreed to. : The question being taken on the first division of the amendment of Mr. HOLT, to add at the end of the section the words, "by a two-thirds vote of the members elect to each House," it was not agreed to; there being ayes 18, noes 40. The amendment of the gentleman from Muskegon, (Mr. HOLT,) seems to me very objectionable. It provides that the salaries shall not be changed during the term for which any of these officers The question then recurred on the second division of the amendment to were elected. How would this provision operate? The Legislature may, in its The question then récurred on the add at the end of the section the words: wisdom, see fit to change the salary of first division of Mr. HOLT's amendment." but not during the term of office for the judges of the Supreme Court, re- Mr. HOLT. Mr. President, I think which such officers were respectively ducing the salary, we will suppose, that some provision similar to that elected;" so as to make the last clause from $3,000 to $2,500. But that re- which I propose should be incorporated read: "It shall be competent for the duction could not take effect during in this section. We have already pro- Legislature to increase or diminish the the term of any of the incumbents. vided, by the adoption of another salaries herein provided, but not during The effect, therefore, of this provision amendment, that the salaries named the term of office for which such offiwould be that the newly-elected judge in the section may be increased or cers were respectively elected." The second division of Mr. HoLT'S would receive a salary of $2,500, while diminished by the Legislature. Now, his associates would receive $3,000. it seems to me that there should be amendment was not agreed to. Mr. WINSOR. Imove to reconsider There would be a similar discrepancy some safeguard or restriction in regard of salary if the compensation should be to the increase or diminution of these the vote by which the Convention increased. Hence, I think any provis- salaries; otherwise there will be an in-adopted the amendment of the gentleion of this sort would be very objection- cessant wrangling in regard to a change man from Wayne, (Mr. MCCLELLAND,) able. The amendment of the gentle- of salaries. It seems to me impossible by which the last clause of the section "It shall be man from Wayne (Mr. MCCLELLAND) for us to fix salaries in the Constitution was made to read thus: did not meet my approbation; I voted in such a way that they shall perma- competent for the Legislature to inagainst it; but the Convention has nently remain at the amounts desig-crease or diminish the salaries herein seen fit to adopt it, and, of course, Inated, and still be such as we shall in provided." The PRESIDENT. Did the gentlehave nothing to say against the decis- the future desire to have them. It is ion. Bnt I think this amendment to be presumed that this Constitution man vote in the affirmative? Mr. WINSOR. I did. makes the section still more objection- will continue in force a number of Mr. CONGER. I hope, Mr. Presiable; and I hope it will not prevail. years, during which time the duties of It certainly ought not to prevail. these several officers may be, and dent, that this motion will prevail. So probably will be, considerably changed. far as I am concerned-I do not know We know that in years past, various how it may be with other gentlemanchanges have been made in the duties I dislike to spend some time in carryof these officers; and we have reason ing a proposition through the committo expect that such changes will be tee of the whole, or through the Conmade hereafter. It was strongly urged vention, and then hand it over to its at an earlier stage of our session enemies, to be slaughtered at their here, that the duties of the Audi- pleasure. It may be good tactics measure to tor General should be somewhat for the opponents of a changed; that sales of lands for taxes get it in such a position. My friend should be made in the several coun- from Wayne, in leading off in this ties, thereby relieving the Auditor effort this afternoon, has done well; Mr. STOUGHTON. Mr. President, General's office from the present du- and many of those who voted for fixin the remarks which I made in rela- ties in connection with this business. ing the salaries in the Constitution, tion to the motion which, I now learn, If such a change should hereafter be have rushed on after him, so that we was made by the gentleman from made, of course the duties of that have undone the work of this morning. Wayne, (Mr. MCCLELLAND,) I certainly office will be diminished very materi- I desire, however, that we shall now intended no discourtesy towards that ally; and in such a case, it seems to reconsider the proposition, and leave Mr. UTLEY. If it be in order, I wish to move to strike out this entire section. Mr. GIDDINGS. I hope we shall have an opportunity to make our amendments before such a proposition is entertained. The PRESIDENT. As a matter of conrse, if a motion is made to strike out the section, amendments designed to perfect the section will first be in order. the salaries as we have fixed them. Mr. WINSOR. Mr. President, I have Williams, Woodhouse, Wright, and Yeomans This morning I asked the Convention made this motion to reconsider in good―42. to empower the Legislature to author-faith. As a member of the com- FEES AND PERQUISITES OF STATE OFFICERS. ize a county to give the circuit judge a mittee on salaries, I think the amend- Mr. BILLS. I move to amend the little additional salary, if it should be ment of the gentleman from Wayne, section, by striking out the words, deemed necessary; but that proposition (Mr. MCCLELLAND,) does away with "they shall receive no fees or perquiwas objected to, because, it was said, it the force and effect of our labors. If we sites whatever for the performance of would give too much power to the desire to leave salaries to be regulated any duties connected with their offices;" Legislature. Yet the very gentlemen by the Legislature, let us say so in and inserting in lieu thereof the followwho argued most strongly that they plain words. Let us not accomplish ing: "They shall not be entitled to any wanted the salary of the circuit judge the purpose by a long section of this fees or perquisites for the performance a fixed thing, not subject to change by kind, pretending at the outset to fix of the duties of their respective offices, the Legislature or by the counties salaries, and then closing by a declara- but all perquisites received shall be and among those the ever-present and tion that the Legislature shall have paid into the State Treasury." ever-watchful gentleman from Branch, power to nullify or reverse all our ac(Mr. LUCE,)-have joined in accom- tion. If we desire that the Legislature plishing another purpose the slaugh- shall have control of this subject, let us ter of this article. Still, sir, there is a say so in brief and unmistakable lanshrewdness about this which might guage. well be imitated by myself and some of my friends who voted for fixing salaries in the Constitution. I hope that we shall stand by our work somewhere, or give it up entirely and go home. This is one of those cases where, if I knew the Latin quoted by my friend from Clinton, (Mr. DANIELLS,) the other day, about being taught by an enemy, I should desire to apply it in the case of myself and my friends. Mr. CONGER. I call for the yeas and nays. The yeas and nays were ordered. YEAS-Messrs. Alexander, Andrus, Barber, The PRESIDENT. The motion to Mr. President, the clause as it now stands provides simply, as it was probably the intention of the committee that it should provide, that the fees received shall not inure to the benefit of the officers. I desire by this amendment to provide that such fees as shall be received by these officers in the discharge of their official duties, shall be paid into the treasury of the State. Mr. DANIELLS. I should be glad if the gentleman from Lenawee, (Mr. BILLS,) would tell us what the perquis ites of a judge will be. I believe that a judge has the right to take the acknowledgment of a deed, for which he would be entitled to twenty-five cents; and I do not know but that he has a right to perform the marriage ceremony. Mr. GIDDINGS. If there are any perquisites attached to the office of judge, I would like to know what they are. Mr. DANIELLS. It seems to me rather a picayune business to insert a provision of this kind. Mr. SAWYER. Mr. President, I have sat here during this morning, and thus far this afternoon, and have heard the discussions on this subject. I wish to judge of this matter in a serious light; and, though I desire to occupy as little time as possible, that the Convention may proceed with its business, I will say that, were I dealing with this subject as under my own control, I should Mr. MUSSEY. Mr. President, I not want to bind my hands in such a reconsider having been agreed to, the hope that this amendment will prevail. manner that I could not make a bar- question now recurs on the amendment There seems to be a little squirming gain at a future time for procuring the offered by the gentleman from Wayne, about it; and gentlemen would have services of those whom I might need, (Mr. MCCLELLAND,) to make the last us think that it is a matter of very at as cheap a rate as possible, consis-clause of the section read as follows: small consequence. But it is well tent with the honorable and faithful "It shall be competent for the Legis- known that much has been said, and a performance of those services. I deem lature to increase or diminish the sal-good deal of feeling has been excited, it very proper that the Legislature of aries herein provided." this State shall be enabled in the future to modify the action which we may take in regard to salaries, if, in consequence of any change of circumstances, it should be necessary, and to allow just such salaries as may fully compensate the officers of our State for their services. Five or ten or a dozen Mr. CONGER. I call for the yeas and in regard to the perquisites of these State officers, or the fees which have been received for statements in regard yeas nays were ordered. to tax-titles and matters of that kind. The question was taken, and the I do not wish to disguise the fact that amendment of Mr. MCCLELLAND was in drawing this part of the section my not agreed to; there being yeas 36, understanding was that it would prenays 42, as follows: clude these officers from receiving YEAS-Messrs. Aldrich, Blackman, Bradley, any of these fees. But on further years hence, one dollar may be worth as Brown, Coolidge, Corbin, Crocker, Desnoyers, consideration of the matter, I prefer Duncan, Duncombe, Hazen, Henderson, much as three dollars are now worth; Holt, Huston, Lamb, Lawrence, Lovell, Luce, that the clause should be modified in and hence, the salaries specified in this McClelland, McConnell, Miller, Morton, Mus- the manner proposed by this amendarticle may be practically much great-grave, Norris, Purcell, Rafter, Sawyer, ment, so that neither these officers, nor er than they are to-day, and may be kenburgh, Walker, P. D. Warner, M. C. any of the clerks in the various deat that time vastly more than will be Watkins, Willard, and Winans,-36. partments, shall receive these fees and necessary to procure the services of NAYS-Messrs, Alexander, Andrus, Barber, perquisites, but that all moneys recompetent men. Hence, I consider it Bills, Cave, Chapin, Chapman, Conger, Drinceived for the labor of these public necessary for the interest of the State, Germain, Giddings, Holmes, Howard, Ken- officers in any way, shall be paid diand not calculated to do injustice to ney, Leach. Longyear, McKernan, Miles, rectly into the State treasury, rather any one, that the Legislature should Murray, Mussey, Ninde, Pringle, Richmond, than that these officers should receive Sheldon, Stoughton, Sutherland, Thompson, have some control of this subject. Turner, Tyler, Utley, White, Winsor, Withey, I the fees and then pay them over to the 1 treasury. These fees amount to quite this article, if adopted in its present the means allowed, he cannot ema considerable item. In the Auditor form. ploy the necessary assistants for any General's office, I apprehend that they Mr. GIDDINGS. The mere fact that greater number than seven. He finds are annually larger than the salary a man may take one hundred dol- it difficult to obtain competent men to which that officer has been receiving lars, outside of the provisions of this take charge of these institutes in his for the last fifteen years. I desire that Constitution, has no pertinence as an absence; and he does not feel disposed these fees shall go where I think they argument on this question; for any to appropriate any part of his salary properly belong. These public officers other officer may do the same. I base for this purpose. But it is not to be and their clerks are employed to attend this proposition entirely on the fact denied and I do not wish to lead any to the public business for the State; that the salary named in this section is one astray in regard to this matterand whatever is earned in those offices to be the entire compensation of this that the Superintendent does, as he should, I think, go into the State treas- officer. He ought not to have any has stated to me definitely and distreas-officer. ury. I hope the amendment will pre- other compensation; and I think that tinctly, expect to receive himself so vail. the people ought to know what he is much of these sums of one hundred to receive. The Superintendent has dollars as will pay his expenses in atstated, I believe, that he does not re- tending these institutes; that is all. ceive anything for his expenses. I think he stated this when I saw him here in this hall, about the time of our convening; and the gentleman from Allegan (Mr. WILLIAMS) informs me that he also heard him say so. The amendment was adopted. SALARY OF SUPERINTENDENT SUPERINTENDENT OF PUBLIC INSTRUCTION. Mr. GIDDINGS. Mr. President, I now desire to present an amendment which I have already suggested. It is the only change which I have much desired to have made. I move to amend the section by inserting after the word "thousand," the words "five hundred," so as to make the salary of the Superintendent of Public Instruction $2,500. I think that this increase is proper; it is only giving this officer a compensa tion somewhat proportionate to the services which he renders. one Mr. HENDERSON. That is what I supposed; and it was for that reason that I raised the question. Mr. CONGER. Mr. President, I would inquire whether, by the amendment adopted on motion of the gentleMr. MUSSEY. Mr. President, I man from Lenawee, (Mr. BILLS,) this regret to occupy time upon this ques- section has not been so modified as to tion, but still I feel it my duty to do provide that no perquisites of that kind what I can to present the facts in re- connected with this or any other office gard to this matter. In the first place, can hereafter be received by the incumthe present Constitution provides in bent. If money is set apart for the exregard to these officers that "they penses of teachers' institutes, it seems shall receive no fees or perquisites to me that, under the clause as it has whatever for the performance of any been adopted, the Superintendent Mr. HENDERSON. Mr. President, duties connected with their offices;" would not be permitted to appropriate during the informal discussion of this and in the same article the salary of for his own expenses any part of that proposition this morning, it was stated the Superintendent of Public Instruc- money. I ask that the clause as that the Superintendent of Public In- tion is fixed at one thousand dollars a amended by the amendment of the struction does not now receive any oth- year. Now, under that provision, the gentleman from Lenawee be read. er compensation than his salary. I Superintendent receives thou- The PRESIDENT. The clause as have since heard it stated that he is sand dollars annually as his sala- amended reads thus: "They shall not allowed his expenses-that in connec- ry. There has, however, been be entitled to any fees or perquisites tion with every teachers' institute that an appropriation made by our Legis- for the performance of the duties of he holds throughout the State, a hun- lature from year to year, providing for their respective offices, but all perquidred dollars is allowed him for his ex- the expenses of teachers' institutes; sites received shall be paid into the penses. Now, if his expenses are paid and I believe the last Legislature pro- State treasury." him, I do not think it right to increase vided that one hundred dollars should Mr. CONGER. Now, as I underhis salary. I think the argument all be appropriated for the expenses of stand, the provision of the law is that hinges on this one point. If no ar- such institutes, not to exceed eighteen the Superintendent of public instrucrangement is made for paying his ex- in any one year. This matter of tion shall hold so many teachers' instipenses, then I think we should increase teachers' institutes is under the control his salary; but I think the fact is that of the Superintendent. He appropri- Mr. MUSSEY. May hold. he receives an allowance for his expen-ates that money for paying his expenMr. CONGER. May hold so many ses and hiring his assistants. He is teachers' institutes; and there is a cerMr. WILLIAMS. I would inquire obliged to employ others to assist him tain sum appropriated to pay the exof the gentleman whether, if this arti- in carrying on these institutes. He penses of these institutes. I asked this cle be adopted in its present form, any attends to this duty so far as he can morning, when we had this subject perquisites or traveling expenses can with the appropriations which are under consideration, whether the be paid this officer any more than any made, without drawing upon his salary. traveling expenses incurred by this other officer. The present law may Ordinarily, as he himself states, he officer in going over the State were provide for allowing him his expenses; endeavors to reserve enough out of paid by the State; and I then underbut the effect of this constitutional these appropriations to pay his ex- stood some one to say that the only provision would be to abrogate any penses. This allowance for expenses expenses allowed him were for holding such provision of law. would increase the entire amount of these teachers' institutes and for the Mr. HENDERSON. I understand his present salary to about $1800. As traveling in connection therewith; that that the law now allows this officer one I stated the other day, the Superinten- his expenses in traveling from county hundred dollars for his expenses in dent, under the pressure of business to county on other business connected connection with each teachers' insti- and on account of his time being so with the educational interests of the tute. largely occupied, has felt at liberty to State were not paid by the State in Mr. WILLIAMS. I do not know appoint for the last year only seven any way. Now, if this officer does his whether such is the law or not; but at institutes, instead of eighteen-not duty, he should visit each county any rate I apprehend that a law of that because the latter number is not neces- of the State at least once in each kind would be unconstitutional, under sary, but from the fact that, with year, or once in every two years; ses. tutes. and with this traveling there In regard to the allowance for trav- anything beyond the amount which is necessarily connected considerable eling expenses generally, I under- may be fixed in the Constitution. expense. If the amendment adopted stand that the traveling expenses of There are reasons which very strongly on motion of the gentleman from Len- this officer in coming from his resi- incline me to think that, if the salary awee would, by its letter or its spirit, dence to this place, or in going from of the Superintendent be fixed at two prevent this officer from applying for here to his place of residence, are never thousand dollars, then, as he is rethe payment of his expenses, the ap- paid by the State; but if, in the dis- quired in the discharge of his duties propriations made for the expenses of charge of his duties as Superintendent to travel almost continuously throughteachers' institutes, then I am in favor of educational matters, he is required out the State, his traveling expenses of increasing the amount of his salary. to go from the Capital to any particu- should be paid. If he is obliged to With this view, I shall favor the propo- lar point-for instance, to attend a draw upon his salary for the payment sition; and I call for the yeas and nays meeting of the Board of Regents of the of his traveling expenses, his inclinaon the pending question. University-the State pays his expenses. tion would be to travel as little as posMr. MUSSEY. I meant to have This will illustrate the cases in which sible; and thus there would be a tempmade an explanation upon this expenses are allowed. tation to neglect the duties properly point. I do not understand that Mr. CONGER. I had supposed that devolving upon him. Now, it must be the holding of these teachers' institutes this officer could not receive his travel-apparent to every member of this Conis imperatively made a part of ing expenses in that way, because if Ivention, that if the Superintendent of the duties of the State Superitendent. recollect aright, the courts have de- Public Instruction is to be in the highIt is not directly and necessarily a part cided against the constitutionality of est degree serviceable to the State, it of his duties as Superintendent of any such allowance. The heirs of is important that he should be almost Public Instruction under the Constitu- Judge Whipple brought a suit, I be- continually traveling about in different tion, but is an extra or extraordinary lieve, to recover for traveling expenses parts of the State. We have in this duty. For instance, if he were made in connection with the performance of State, fifty or sixty organized counties; by law a member of the board of con- his duties as judge, in traveling to and so that this officer can, in the course trol, or of the canal board, or any other fro on his circuit. The Supreme Court of the year, spend only about one week board, the duties imposed in this way in that case decided that under the in each county, even if he devotes all would be extra duties, for which he constitutional provision there could be his time in traveling from county to would be entitled, as I understand, to no allowance for traveling expenses; county. extra compensation; and these duties that such an allowance would be un- I desire to call attention to the furin connection with teachers' institutes constitutional. I do not know that I ther fact, that in order to make this offiare in the same sense extra duties. remember accurately the particulars cer in the highest degree serviceable to of the case; but if such be the ruling the State, it has been deemed proper by of the courts on this question, then we the Legislature to provide-and I think should vote upon the salary of this of- it has been very properly providedficer with the understanding that he is that the Superintendent should hold not to be allowed traveling expenses; teachers' institutes in different parts of and if the Superintendent must pay the State. From my knowledge of these his own traveling expenses, then I institutes, I deem them very valuable. think his salary should be raised above I think that the services rendered and the amount now named in the article. the money expended in connection with these institutes, have been highly advantageous to the educational interests of the State. Mr. CONGER. The gentleman will allow me to ask whether the law does not provide that these institutes shall be held under the direction of the Superintendent of Public Instruction, defining the officer by name? Mr. MUSSEY. When I say that these are extra duties, I mean that they are not a part of this officer's constitutional duties. The law does provide If, on the contrary, the State pays the that the Superintendent may hold these traveling expenses of this officer, I institutes; that they may be held un- have no objection to permitting the der his direction; but his duties in salary to remain at the amount named connection with these institutes have in the article. If we allow that officer a salary of-two always been considered as additional Mr. FARMER. I desire to ask à dollars to each county, supposing there thousand dollars, it is only about forty duties, for which he was entitled to ex-question for information on this sub- are fifty counties in the State. Now, tra compensation; and the appropria- ject. Do not the duties of Superin- sir, if the Superintendent is a live tion referred to has been made with tendent of Public Instruction, as pre-man, scribed by law, necessarily compel him go-ahead man, having a an earnest, active, thorough, Mr. GIDDINGS. I understand the to travel through the State? suitable appreciation of his business, and pergentleman from Macomb (Mr. MUSSEY,) Mr. CONGER. I suppose that they forming his duties efficiently, what. to say that the Superintendent receives do; at any rate, as I said before, he county would begrudge him the small this money as extra compensation. ought to be required to visit every pittance of forty dollars a year for the This, I understand, is not the fact. county in the State at least once in two important services which he renders? He uses the money to employ lec-years. Many gentlemen in different parts of the State would be willing to amount out of their own pockets, pay that rather than lose the services of this officer. this view. turers, etc., simply providing that his Mr. BILLS. I am disposed to favor ་་ * that he may feel at liberty to be almost continuously upon the wing-traveling through the different towns and counties, giving to educational matters that attention which they require. In order that he may do this, let us give him such a salary as we should desire to receive if we were in such a position, with such duties to perform. $2,500 is a small salary for this officer, if he is obliged to pay his own traveling Mr. GIDDINGS. Ido; and I would like to ask the gentleman his opinion as to whether, under the law read by the gentleman from Berrien, (Mr. COOLIDGE,) there is any provision which allows the State Superintendent to take one penny out of the treasury for his personal expenses. It provides simply that the money is to be expended by him. he should be allowed a salary of more inform the gentleman that in 1861 the from the treasury one penny for travthan two thousand dollars. One Legislature altered that provision, eling expenses. This will undoubtedly thousand dollars will not pay his trav- substituting "five days" for "ten be the effect of the amendment adopelling expenses, and other expenses days," and "one hundred dollars" for ted a short time since on the motion of incident to the discharge of his duties;" two hundred dollars." the gentleman from Lenawee, (Mr. but supposing that one thousand dol- Mr. President, I desire to say that I BILLS.) We must act on the underlars would cover those expenses, a shall vote for this proposed increase of standing that the whole compensation salary of two thousand dollars would salary for reasons different from any of of this officer is to be included in his I salary. leave him the wholly inadequate sum those I which have heard stated. Mr. MUSSEY. I would like to ask of one thousand dollars. If we desire concur in the remarks of the gentleman to secure the best services of this offi- from Lenawee, (Mr. BILLS.) I believe the gentleman, whether he means to cer, we should pay him such a salary that this State can pay the Superin- give that as his opinion as a lawyer? tendent of Public Instruction as much as our towns and our second class cities pay the principals of union schools. East Saginaw pays the principal of its union school $2500; Saginaw City pays the principal of its union school $2000. Now, cannot the State afford to pay to the Superintendent as much as one of these little towns pays a teacher? Can the State expect to get an officer of the first talent, who will be willing to discharge the duties of Superintendent, tion to act intelligently in regard to Mr. THOMPSON. I wish to in-without any extra allowance for the this matter, whether we decide that the quire of the gentleman from Lenawee necessary expenses, connected with the Superintendent shall have $2,000 or (Mr. BILLS,) whether or not we are to discharge of his duties, unless we are $2,500 as his salary. In regard to this understand that the Legislature appro- willing to pay at least as much as is allowance for expenses, I apprehend priates money year by year to pay the received by the principal of a union that it has nothing to do with the saltraveling expenses of the Superin- school? We are all in favor of advan-ary whatever. Wherever the business tendent of Public Instruction? cing the interests of education-of ex- of the State requires the Superintendtending educational facilities; and it ent to go in the discharge of his duties, seems to me that we should be willing I think the State is bound to pay his to give a liberal salary to the officer traveling expenses; and such expenses who stands at the head of our educa- I believe have been allowed in his case, as in the case of all other State officers. tional system. This is my impression; and I entertain it with a good deal of confidence. expenses. Mr. COOLIDGE. If the gentleman from Lenawee (Mr. BILLS,) will allow me, I will read the provision which I find in our Compiled Laws upon this subject. I do not know that it has been materially changed since its enactment. The provision on page 797 of the Compiled Laws, is as follows: Mr. MUSSEY. I wish the Conven Mr. HOLT. Mr. President, I wish to say a few words in favor of this Mr. GIDDINGS. I desire to ask amendment. There is one class of duties performed by the Superintendent one question. The gentleman from "SECTION 1. The people of the State of of public instruction to which no refer- St. Clair, (Mr. CONGER,) alluded to a Michigan enact, That whenever reasonable assurance shall be given to the Superintendence has yet been made; I mean the case in which the Supreme Court had ent of Public Instruction that a number not duty of holding teachers' conventions made a decision upon the subject of less than fifty, or in counties containing a population of less than twelve thousand in- or local educational meetings. These allowing traveling expenses to judges. I understand that the same rule aphabitants, whenever twenty-five teachers of meetings or conventions are largely on common schools shall desire to assemble for the increase, particularly since the re- plies to all classes of our public officers. the purpose of forming a teacher's institute, cent law providing for county superin- The court laid down the principle that and to remain in session for a period of not less than ten working days, said Superintend- tendents; and in all probability the traveling expenses could not constituert is authorized to appoint a time and place number of those meetings will continue tionally be allowed. Now, I do not know for holding such institute, to make suitable arrangements therefor, and to give due notice to increase. No appropriation of any how there can be any provision for the kind is made for these meetings; no payment of traveling expenses, when thereof. portion of the expenses connected with this Constitution makes no such prothem is paid by the State, either in the vision, and when the courts have exway of traveling expenses, or in any pressly declared that any such allowance is unconstitutional. other way. I am informed that very little is drawn from the State treasury Mr. MUSSEY. The very nature of by the Superintendent for traveling ex- the duties of the judges is to travel penses. I hope that this amendment from county to county. On the conincreasing the salary of this officer to trary, the State officers are local offiNo appropriation is needed to twenty-five hundred dollars will be cers. The adopted. I should myself be in favor pay their traveling expenses. of fixing the salary at three thousand matter is submitted to the board of dollars, if I thought the proposition auditors, who audit the claim, and allow what is deemed just. By looking could be carried. over the reports of the board of auditors from year to year, the gentleman will find in every one of them an allowance for traveling expenses of this officer incurred in the discharge of his "SECTION 2. For the purpose of defraying the expenses of rooms, fires, lights, attend ance or other necessary charges, and for procuring teachers and lecturers for said institute, the Auditor General shall, upon the certificate of the Superintendent of Public Instruction that he has made arrangement for holding such institute, draw his warrant upon the State Treasurer for such sum as said Superintendent shall deem necessary for conducting such institute, which sum shall not exceed two hundred dollars for any one institute, and shall be paid out of the general fund. "SECTION 3. Said Superintendent, in case of inability personally to conduct any institute, or to make the necessary arrangements for holding the same, is authorized to appoint some suitable person or persons, for that purpose: Provided, That not more than eighteen hundred dollars shall be drawn from the treasury in any one year to meet the provisons of this act." Mr. LUCE. Oh, I guess it could be carried. Mr. GIDDINGS. I hope that the |