People v. Chapman

Citations

• 61 Cal. 262
• 1882 Cal. LEXIS 593

Syllabus

<p>Constitutional Law—State Prison Directors—Compensation—Mileage. ■ By Section 17 of the Act of April 15, 1880, “to define, regulate, and govern the State Prisons of California,” it was provided, that the Directors should be paid for traveling and other expenses, while engaged in the discharge of their duties, twenty cents per mile for the number of miles actually traveled; and by the same section as amended in March, 1881, it was provided that they should receive ten cents per mile for traveling expenses and one hundred dollars per month for other expenses incurred while engaged in the performance of official duties.</p> <p>Held: That the provisions of this Section—whether as originally passed or as amended—were in conflict with Section 4 of Article x of the Constitution; which provides, that “the members of the Board shall receive no compensation, other than reasonable traveling and other expenses incurred while engaged in the performance of official duties, to be audited as the Legislature may direct.”</p> <p>Id.—Id.—Id.—Id.—The Constitution did not direct the Legislature to audit and allow the expenses of the Directors; it restricted legislative power to directing how and before what tribunal or board “ audit” should be had.</p> <p>Id.—Construction of Constitution—Proceedings of Convention.—The proceedings of the Constitutional Convention and the address of the members of the Convention to the people of the State referred to and considered upon a question of constitutional construction.</p> <p>Id.—Payment of Money by the Treasurer without Authority of Law.— Money paid by the Treasurer without authority of law is recoverable by the State.</p>