Part 31

III

The brief silence that Jones and his invitation to supper had caused among the Councillors was first broken by F. Jackson Gilet.

"Gentlemen," he said, "as President of the Council I rejoice in an interruption that has given pause to our haste and saved us from ill-considered expressions of opinion. The Gove'nuh has, I confess, surprised me. Befo' examining the legal aspect of our case I will ask the Gove'nuh if he is familiar with the sundry statutes applicable."

"I think so," Ballard replied, pleasantly.

"I had supposed," continued the President of the Council--"nay, I had congratulated myself that our weightiuh tasks of law-making and so fo'th were consummated yesterday, our thirty-ninth day, and that our friendly game of last night would be, as it were, the finis that crowned with pleashuh the work of a session memorable for its harmony."

This was not wholly accurate, but near enough. The Governor had vetoed several bills, but Price's Left Wing had had much more than the required two-thirds vote of both Houses to make these bills laws over the Governor's head. This may be called harmony in a manner. Gilet now went on to say that any doubts which the Governor entertained concerning the legality of his paying any salaries could easily be settled without entering upon discussion. Discussion at such a juncture could not but tend towards informality. The President of the Council could well remember most unfortunate discussions in Missouri between the years 1856 and 1860, in some of which he had had the honor to take part--minima pars, gentlemen! Here he digressed elegantly upon civil dissensions, and Ballard, listening to him and marking the slow, sure progress of the hour, told himself that never before had Gilet's oratory seemed more welcome or less lengthy. A plan had come to him, the orator next announced, a way out of the present dilemma, simple and regular in every aspect. Let some gentleman present now kindly draft a bill setting forth in its preamble the acts of Congress providing for the Legislature's compensation, and let this bill in conclusion provide that all members immediately receive the full amount due for their services. At noon both Houses would convene; they would push back the clock, and pass this bill before the term of their session should expire.

"Then, Gove'nuh," said Gilet, "you can amply vindicate yo'self by a veto, which, together with our votes on reconsideration of yoh objections, will be reco'ded in the journal of our proceedings, and copies transmitted to Washington within thirty days as required by law. Thus, suh, will you become absolved from all responsibility."

The orator's face, while he explained this simple and regular way out of the dilemma, beamed with acumen and statesmanship. Here they would make a law, and the Governor must obey the law!

Nothing could have been more to Ballard's mind as he calculated the fleeting minutes than this peaceful, pompous farce. "Draw your bill, gentlemen," he said. "I would not object if I could."

The Statutes of the United States were procured from among the pistols and opened at the proper page. Gascon Claiborne, upon another sheet of paper headed "Territory of Idaho, Council Chamber," set about formulating some phrases which began "Whereas," and Gratiot des Pères read aloud to him from the statutes. Ballard conversed apart with Hewley; in fact, there was much conversing aside.

"'Third March, 1863, c. 117, s. 8, v. 12, p. 811,'" dictated Des Pères.

"Skip the chaptuhs and sections," said Claiborne. "We only require the date."

"'Third March, 1863. The sessions of the Legislative Assemblies of the several Territories of the United States shall be limited to forty days' duration.'"

"Wise provision that," whispered Ballard. "No telling how long a poker game might last."

But Hewley could not take anything in this spirit. "Genuine business was not got through till yesterday," he said.

"'The members of each branch of the Legislature,'" read Des Pères, "'shall receive a compensation of six dollars per day during the sessions herein provided for, and they shall receive such mileage as now provided by law: Provided, That the President of the Council and the Speaker of the House of Representatives shall each receive a compensation of ten dollars a day.'"

At this the President of the Council waved a deprecatory hand to signify that it was a principle, not profit, for which he battled. They had completed their Whereases, incorporating the language of the several sections as to how the appropriation should be made, who disbursed such money, mileage, and, in short, all things pertinent to their bill, when Pete Cawthon made a suggestion.

"Ain't there anything 'bout how much the Gove'nuh gits?" he asks.

"And the Secretary?" added Wingo.

"Oh, you can leave us out," said Ballard.

"Pardon me, Gove'nuh," said Gilet. "You stated that yoh difficulty was not confined to Mr. Wingo or any individual gentleman, but was general. Does it not apply to yo'self, suh? Do you not need any bill?"

"Oh no," said Ballard, laughing. "I don't need any bill."

"And why not?" said Cawthon. "You've jist ez much earned yoh money ez us fellers."

"Quite as much," said Ballard. "But we're not alike--at present."

Gilet grew very stately. "Except certain differences in political opinions, suh, I am not awah of how we differ in merit as public servants of this Territory."

"The difference is of your own making, Mr. Gilet, and no bill you could frame would cure it or destroy my responsibility. You cannot make any law contrary to a law of the United States."

"Contrary to a law of the United States? And what, suh, has the United States to say about my pay I have earned in Idaho?"

"Mr. Gilet, there has been but one government in this country since April, 1865, and as friends you and I have often agreed to differ as to how many there were before then. That government has a law compelling people like you and me to go through a formality, which I have done, and you and your friends have refused to do each time it has been suggested to you. I have raised no point until now, having my reasons, which were mainly that it would make less trouble now for the Territory of which I have been appointed Governor. I am held accountable to the Secretary of the Treasury semiannually for the manner in which the appropriation has been expended. If you will kindly hand me that book--"