The New York herald., 1871-11-10
JUDICIAL SALARIES.
Raised Salaries Raced by tho
Comptroller.
The Judges Enscting New Role-Tkey Know
How 1t Is Themselves

Among the measures Of economical reform Initiated
regime has been refusal to pay the increase IN
salaries Of certain OF judicial functonaries az
made by the Board OF Supervisors. The parties
specially interested In this cutting down or theil
pay, or, rather interested in not having 1t cut
down, the Judges or the Supreme Court, th9
Judges OF the Court OF Common Pleas, tue judged
OF the Superior Court the Recorder Clts Judge aud
Police and District Judges. In order 20 compel Il
possible the Comptroller to pay the salaries accOrS
Ing to The increase voteu Tor In each case Hec0rdet
Hackett-this being test case-made application
to tie Supreme Court for mandamus requiring thG
Comptroller to continue the payment Of such itrf
creases in salary. An order was granted 10 show
cause why sucn mandamus should not lie granted.
and the same came up for argument YESTERDAY
before Judge Brady, In The Supreme Court, CbanH
Dcrs First in order was submitted .,
rHe RECORDERS STATEMENT
by Mr. Trull, his counsel, in the shape OF the tois
lowing andaylt-
6rst duly sai.h that he and :; Recorder
saS % ana neadns the s1.S day " oi January A u
h New as a na he
Sas by o & f
a % s sna :s ana By as 9
ios se ISL asSer dsponsas ss sa-' 'u''
Mr.. TRULL insisted that the Increase OF the R04
corder's salary was lcgalized by the legislative
enactment OF 1885, such power beng gwen to th6
Board OF SUPERVISORS, 6nd the power being speclils
cally conferred IN regard TO the salaries or the RET
corder ana CITY Judge. He urged further that tho
act OF 1859 was county act and only applied Il
county officers. The prohibition In such act Id
claimed did not apply to these two Offices, the ro9
peal OF the ACT OF 1855 being at most only implied
In II, aud repeas ny Implication not being favorod2
nj m anna a1,1Nx ,.OA
repealed and for this salary money had been raised
and appropriated. When ne had concluded his an
gument Mr.. stralan. on behalf OF the COmptrOler1
department, gave the reasons
WHY PAY rs REFUSED OF INCREASED SALARIES.
He began by reading the following afIidavt q
Richard StorIs:-
City ard ceany o N.o York. s-Richard A. sor,s being
e. M ss city an se 81 Ss o eosr ss ~
city ys 81 a yo wa. ssr .eson
Supervisor: city city New may ts.y sas ra
rsn a e s.~ % s $ ass e e.
g Common Pleas o the city and county Of New YORK ND
Recorder salary
sosra sspervsors county New are hereby
ss
.s: ;ss
eorasr nSgsassd $4,000 snnam, making tho annus
:as g e S S ' e. Ss
e ss: ssssf ~
section provides nst the Board OF Supervisors OF th@
county of New York hereby prohibited creating an
Office department, increasing the saa of ihUs4
ocs their successors except proy,ed by actf
passed by Legislature excepting t ,he Board o&
Supervisors are authorized after the next general sle
ton, to fix and establish the compensation OF IN!
Surrogate g Of the city ard county Of New Yorst
tng the prohiblonso The legislature contained In the said
several acts above quoted the Board of Supervos on Dai
cember 81 1862 passed resolution increasing the salary on
the Recorder TO Hl5UN that the Comptroller "
has at oil times been ready and willing 20 the
Recorder his ssary AZ the of T10O0 bun ha
has refused TO him at the rate of &1500 per Of
the ground that the Board of Supervisors had authority
being specially prohibited from increasing the salary abov4
$4,000 per ,RLCHARD A. Sjy3RRS. II
Sworn, &c. y
Il urged by Mr.. STRAHAN that the irst increas9
Of the salary OF the recorder from $1,000 TO S10o0e
exhausted the act of s., ard that no further ln3
crease could Do made under that Hc caiued
that the statute OF 1859 applied TO the Supervisory
az they were county officers, and tno county Law
applied to thein
Judge BRADY gave 1t as his opinion That the
powers OF the Board Of Supervisors have been re.
voked 10y subsequent enactBscn!s, bu6 said ne would
take the papers, reservng his decision. fhe pas
pers were accordingly passed up 10 him.