Goodnight v. Moody

Citations

• 3 Idaho 7
• 26 P. 121
• 1891 Ida. LEXIS 7

Syllabus

<p>Section 8, Article 3 of the Constitution Construed — Sessions of Legislature Designated. — Section 8, article 3 of tbe constitution designates the different sessions of the state legislature as follows: 1. The first session; 2. Sessions to be held biennially after the first session, commencing on the first Monday after the first day of January, and every second year thereafter; 3. Sessions convened by the governor.</p> <p>Compensation of Members of Legislature. — The first paragraph of section 23, article 3 of the constitution applies to the regular or biennial sessions only, as to the per diem compensation of members, and the aggregate of per diem allowances.</p> <p>Same. — The second paragraph of said section 23 fixes the per diem of each member, except the presiding officers, for the first session of said legislature, and for sessions convened by the governor, and does not limit the aggregate per diem allowances for said first session.</p> <p>Writ of Mandate — State Auditor to Issue Warrant. — A writ of mandate will issue to compel the state auditor to issue his warrant, to pay the per diem of each member for each day’s attendance, upon the first session of said legislature, regardless of whether such member has already received, in the aggregate, three hundred dollars for per diem allowances for said first session or not.</p> <p>(Syllabus by the court.)</p>