In Re Advisory Opinion.
| Decision Date | 31 March 1947 |
| Citation | 41 S.E.2d 749 |
| Court | North Carolina Supreme Court |
| Parties | In re ADVISORY OPINION. |
In the matter of Advisory Opinion concerning constitutionality of proposed legislation to provide subsistence and travel allowance for members of the General Assembly.
General Assembly advised of lack of authority to provide for such allowance.
On March 28, 1947, the following Joint Resolution No. 979 was received from the General Assembly of North Carolina:
Be it resolved by the House of Representatives, the Senate concurring: Section 1. That the Chief Justice and Associate Justices of the Supreme Court of North Carolina be, and they hereby are, respectfully requested to furnish to the House of Representatives and the Senate an Advisory Opinion as to the constitutionality of House Bill No. 276, providing that each member of the General Assembly shall be entitled to the same subsistence and the same allowance for transportation as provided by law for State officials and employees.
Sec. 2. Inasmuch as the session of the General Assembly is now approaching its end, it is respectfully requested that this Advisory Opinion be furnished at the earliest.possible time.
Sec. 3. That this Resolution shall be in full force and effect from and after its ratification.
The substance of the accompanying House Bill No. 276 is set out in the first paragraph of the above resolution.
The following responses were made by the Chief Justice and Associate Justices of the Supreme Court on March 31, 1947:
Raleigh, N. C, March 31, 1947 To the Honorable L. Y. Ballentine, Lieutenant Governor ex officio President of the Senate, and the Honorable Thomas J. Pearsall, Speaker of the House of Representatives:
In re Constitutionality of House Bill No. 276
Joint Resolution No. 979, requesting the Chief Justice and the Associate Justices of the Supreme Court to indicate whether in their opinions House Bill No. 276, if duly approved by both Houses of the General Assembly, would be a valid exercise of the legislative power, has been received and carefully considered. This bill would provide subsistence and travel allowance for members of the General Assembly in addition to the compensation fixed for their services by constitutional provision.
The people of North Carolina, speaking through their Constitution, have fixed the salaries of members of the General Assembly for the term of their office at $600 each, with additional compensation in case of an extra session. Art. II, Sec. 28. A proposed amendment which would have augmented this amount with an expense allowance...
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