New-York daily tribune., 1859-09-24
THE CORPORATION COUNSEL ONJUDGE
POOSEVELTS EXTRA PAY
Law DEPARTMENT, CITY OF NEw-YoRK, }
orrIcE or THE CouSsEL TO THE CoRroSAIIos,
No. 81 Broadway, Sept. q, 1883.

Law DErARIMsST, City OF NEw-YoRx, }
orricr OF tn, cogxsst TO Tar coasoSsI,os'
No ~ Broadway, Sept z, 1883.
IN. g,s. D. y. TirSASS, Mayor. &c
lam in receipt Of proposed case which you inform
rns hss been agreed upon between yourself and Con
trOuss Hsws and some Of the Judges Of the Supreme
Court in this Judicial District t, be submitted without
action to the General Term Of the Supreme Court for
the Erst Judicial District involving tie night OF three
e1udges and one Of the present Justices of that Court
70 an Increased rate Of compens .on over and above
the amount OF their salaries az liked by law al the tins
they severay entered upon the discharge OF toe duties
OF their office.
After a careful examination OF the csse a, proposed
have arrived at the conclusion that would be i'm
Droper for me- the chief Law officer of the Corpora
ton to .y you. ub Nv wa CO., ne sb
and nds character Of the cansu and comfy toward the
o Department render it proper that sh nd depart from my
usu habit and briefly assign my reasons Tor declining 10 Co
i, h.. been matter complaint that the City Of New
Ytk 30 frequently sued and the burden OF defending some
Incur bency Of the oc. bod suits ample
poy oil The aid summoned ~ithou. accepting others
The case proposed submitted is entitled in the Supreme
or pr,teIt for snchArible remarks or inference, if
consent .boud ;. given 70 submit without the pab
the right Of Of their associates greater Of
compensation than fixed BY .~ his holding when hs
moi TO be eubara..d Certainly without their
ssDs gained aud ,h, b: Of eOaI mpoase a. tssy would
submitted 70 them o Judicial determination 10 this
s O aae % M qesoa r
ell in the way ppsed ' ~iihn tae jurisdiction Of the very
able and harmed Judges OF ths Superior and Common feas
The tenth end eleventh articles Of tbs proposed case refer
wholly eevs.t the question at issue II s there
serted that the present Judges o. the Supreme Court are ssns
Iseyoi ons ~ iST h p.s TSs ncoS bet
t. Of sb.s i o'htS y Sdss. q. Hoosdsy
sss Of his Office fixed certain and unles. in vio
n @n ri ns the @ me he .s 'q be Diminished
increased The SALARY Of biz ss.c1,' wa, so .ed ey
them seek al Increase Of it, for payies Judge.
elected alta later than h paid tn eecss' a. an earlier
Sowev.r, Between the cases is perfectly obvious.
The twelfth article Of the proposed case ssser' what neither
in be subuitted fact upon which the controversy
Lew It & g.: ussr i9s Ie s.
Intended BY the Legislature embrace the demand Of Ju,
am lot 10 possession Of The debates Isssas upon
subect but were and they showed the fact to be it
Of any law which allows said the floor Of
The legislature or in it, Con %,ss Rooms or in report: q it;
osnn Of that state Of facts exists Of which have
still greater objection submitting the controversy the
form ed 70 be found in the fact that the prepared
S y the Of whas the Ss Of Judge
to % and qw 9, ss ..s .Se
rant the said such County Treasurer for the
"the the said Mayor msy lawfully refuse countersn the
The real to the language Of the CODE
Ia 10 the consutiopay Of the act Of the Legislature Of
April 6 1852 empo~erng assuming emPo the Board Of
Supervisors pay the Justices Of the Supreme Court
ident In the First Judieis District such additional annual com
"pen,ston the suoervsors may deem proper The only
question be decided H. whether this statute conflicts with the
seventh section Of article Of The Constitution Of the State
which, In plain provides that "the Judges Of the Court of
Appeals and Justices Of the Supreme Court shall severay
ceive at stated time for their services compensation - be
established by Law whch shall not be increased diminished
during their continuance IL Office The question Of the right
Of Of the City to perform some MINISTER'S. duty required
OF him. subordinate to that OF the Legislature TO the
a VII hdevul ulvesth sup
My opinion sgapst the validity OF the legislative enact
men referred but will willingly facilitate by every proper
land other would be aovsedy resored 10
by the claimants themselves bee the speedy de-
termination of the Constitutional question With this vie~
will immediately upon Its receipt, answer complaint tate
short notice OF trial. trial without notice. and will be
satisfied with judgment Special Term Of either the Superior
Cour or Common Pleas Of this city There other
Iessp which suggest themselves me, but TO which Is
rsry advert for those stated sbove cannot concur
with Controller and yourself the proprety Of this sub
uus0D. Your obediept servant
RICHARD BUSTED,
for he CORPORATION.