Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1872-07-10
THE JUDGES, SALARIES.

The action of the County Court in
resembling the order granting an addi-
ton of two thousand dollars in scrip to
the salaries of the Judges and Chancel-
lors has been generally discussed, but
not generally approved. 1t was right
that the magistrates should rescind the
order heretofore made granting them
selves per diem of five dollars instead
of two as allowed by law, because it
is not right that it should be in the
power of any set of men to increase
their own salaries. But'the spirit ofre-
form inspired the County Court to cut
down the salaries of the judicial officers
to that sum allowed by the State-twsn-
ty.fve hundred dollars per annum.
The new Constitution, adopted March,
1870, section seven, provides as follows;
1.-THE Judges of the Supreme or Inferior
Courts shall at stated times receive
compensation for their services, to be
ascertained by law, which shall not be
increased or diminished during the time
for which they are elected" The Judges
salaries are fixed by law at $500 each.
This is paid by the State, and of course
to change it by addition or diminution
must of necessity be by enactment OF
the Legislature. In December, 1869, the
Legislature passed an act entitled,
Courts of Shelby County" Section
thirteen provides as follows; THAT the
salaries of the Judges and Chancellors
of the several Courts established by this
act shall be the same as for Circuit Court
Judges and Chancellors as established
by law, each to be paid by the
State as other Judges and Chancellors
are paid; proDided, that the County
Court Of Shelby county may dPpropri-
ate sum sufficient 10 increase the satd-
ries Of said Judges and Councillors not
exceeding tlco thousand dollars each dd'
ditiondl" The Judges and Chaneellors
were elected in 1870, and in July. 1870,
the order granting the additional salaries
was made by the County Court, which
amounts the Judges and Chancellors
have been receiving for two years past
Having made the order in 1870, can the
County Court now 90 back and rescind
it? In 1867 the old Constitution con-
tanned the same provision as that in the |
new, and general law of 1866 contained |
the provision, found in the law Of 1870, |
empowering the County Court to grant
the additional amount. In 1867 |
tie County Court made the required APP
preparation to the Judges and Chancel- |
lors. Several Of the justices claim that
the law of 1870 is unconstitutiosal-a |
most amusing claim, since the County |
Court has no power to make such dan
gerous declaration, it not being the
court where the constitutionality of |
laws is tested. The County Court hav-
ing the right by law to make the appro-
priation, it was blunder to rescind the |
order made in 1870. 1t is now proposed |
to leave the question to the voters of
Shelby county at the August elections,
whether or not the County Court shall |
rescind its resembling order, and continue
to pay the salaries as heretofore. The
action Of the court, if persisted in, will
result in the resignation Of our
ablest Judges and Chancellors, whose
places will probably be filed by men
less skilled in the law, because cheap
men are demanded.