Montana Attorney General Opinion 15-440

Opinion No. 440 J,egislative Assembly-SaJaties and Expenses-Speakel' of House of Representatives--Journal, Au- thenHcation of. HELD: The Speaker of the House of -Representatives is not entitled to salan' for two days in coming to Hel- ena to authenticate House Joul'lJal, but if appropriation of Legislature for in- cidental expenses is sufficient, his ex- penses may be paid therefrom. February 3, HJ34. You have asked my opinion concern- ing the legality of the claim of Honor- able D. A. Dellwo, Speaker of the House of Representath'es, for two days' salary amounting to $24.00 and rail- road fare and other expenses amount- ing to $15.10 incurred on a trip made hy him to Helena to approve the House Journal. r wish to call attention to the follow- ing statutes: Section 68 provides that the journal of the house of representa- tives must be authenticated by the sig- nature of the speaker; Section 75 pro- vides that the speaker of the house shall receive the sum of $12.00 per day "during the session of the legis- lative assembly." No provision is made by statute for any pay of the speaker after the adjournment of the legisla- ture. On the other hand, Sections 73, 76 and 78 provide that the clerk of the senate and the chief clerk of the house of representatives shall receive $10.00 per day each; that after the close of the session certain duties shall be dis- charged by them for which services they are paid the sum of $50.00 each. :-10 such pro,;sion is made for either the president of the senate or the speaker of the house although it is un- doubtedly true that in many instances the house journal is not complete for the authentication of the speaker at the time the house adjourns. In the absence of any statute author- izing the payment of salaries after -the close of the session, I am of the opin- ion that none can be paid. In its ap- propriation for the legislature the sal- aries of the members are provided for but since no express provision is made for payment of salaries after the ad- journment of the legislature it must be assumed that such provision was in- tended for the regular salaries. Even if there had been express provision for salaries after the close of the legisla- ture, in view of Section 75 and Article V, Section 13, of the Montana Constitu- tion, it is doubtful if such provision would be legal. The legislature did make a special appropriation for incidental expenses. It is my opinion that so far as Mr. Dellwo's expenses are concerned it was the intention of the legislature to pay them out of the incidental expense ac- count and if there is money remaining in this fund these items may he paid therefrom.