117 N.C. 146 | N.C. | 1895
It is not controverted that the legislature may create a special commission, as, for instance, to examine the Treasury Accounts, and require that it shall consist of members to be designated from their own body and fix its compensation. Gode, Sections 3360 and 3361. Such special commissioners are not disqualified to hold other offices as members of the General Assembly, for instance, being expressly excepted by Article XIV, Section 7, of the Constitution. Nor can it be denied that the legislature has power to authorize a committee of its body to sit during vacation and fix its compensation.
The question before us does not turn upon the power of the legislature, which is undeniable, but upon the construction of their action. The uniform action of Congress and the legislature so far as our researches extend has been to expressly authorize such committee to “sit in vacation.” Inasmuch as the existence of all committees in the absence of legislation necessarily determines upon the adjournment of the body to which they belong, certainly there must be an explicit enactment that the sessions of the committee can be held after such adjournment, or at least a clear unmistakeable implication to that effect from the words used in the act or resolution creating the committee. ¥e do
When a committee is empowered to sit iri vacation, the resolution must provide the compensation and for the expenses of the same, otherwise there is no authority of law for their payment. Certainly the members cannot draw yyer diem as members of the legislature, for by the Constitution, Article II, Sec. 28, the per diem is allowed only during the session of the General Assembly and is limited to sixty days, which the members of this committee had already drawn, as well as their mileage allowed them in such capacity. We must look to the resolution itself for any authority for payment of either compensation or expenses. That provides only for “the necessary expenses of the said committee while actually engaged in said investigation.” Since, as stated above, the meaning of the
It was strenuously and it would seem seriously argued
Error.