The New Orleans daily Democrat., 1877-06-17
SHALL THE EX-JUDGES MAKE RESTI-
TUITION -.s.-.

...H t. TUITION?
Editor Democ,at-The usurpstory Legislature
BY act approved February ~, 1871" :" audacious
y essayed to change the sovereign law Of tn
commonwealth, so as to give $2590 year X
each Supreme Judge, In addition to the salar,
hsed In the constitution. With scrupuoui
| hdeity TO the statute each judge took the lucre
thus giving US . virtual decision OF the highes
tribunal that the said statute is constitutional
Some respected members OF the bar seem tt
think the payment lawful and the msney gon,
beyond recovery?
| | beg leave to offer few reasons for thinking
this position entirely untenable. The follow wing
| extracts from our State constitution lie at The
| basis OF the matter:
| Art. 81. "The Governor shall receive salary
o.a Oh sevoo per snnum, payable quarterly on his
Art So. "The Lieutenant Governor shall re-
ceive salary of $4,000 per annum, payable quar-
terly on his own warrant"
Art II. The Treasurer and the Auditor shall
receive salary of $4,000 per annum each. The
secretary OF State shall receive salary Of $4,000
Art. rs. I" The Chief Justice shall
receive salary Of $500. and each Of the Associ-
ate Justices salary of $1,000 annually, payable
uarterly on their own warrants"
Art. "a. Each Of said (distrct) judges shall
receive salary, which shall not be increased or
never be less than $5000."
Art. 81. He (the Attorney GeneraD
shall receive salary OF $4,000 per anoum, pay
anle guarterly on his own warrant. He
lsne District Attorney OF each district) shall re-
oav oelve salary Of $780, payable quarterly on his
Art. SO. "The members Of the General Assem-
bly shall receive from the public treasury COM
pensaton FOR their services, which shall be eight
dollars per day during their attendance going to
and returning from the sessions Of their respec-
i've houses. This compensation may be in
creased or diminished by law, but no alteration
shall take effect during the period of Eervice of
the members OF the House of Representatives bv
Wmcn such alteration shall have been made"
With these provisions before them, and under
an oath to support and carry them out, the
legislatlve agents and subjects of the common
wealth enacted in Statute No. 36 Of 1871, under
the title OF AN act TO fix the salaries of the Chief
= ustice and Associate justices Of the Supreme
court" that from and after January l, 1871, "the
saiary OF the Chief Justice of the Supreme Court
snai DC III, 700 per annum and Of each Associate
. nstaoe OF said court $500 per annum, payable
The names Of George W. Carter, Speaker; Oscar
j.. Dunn, Lieutenant Governor, aud Henry @,
Warmoth, Governor, are affixed to the act. =.
:, we see, then, that the people have declared in
their constitution that the Governor shall receive
2 salary OF $o000 per annum; the Lieutenant
Goyernor salary of $4,000 per annum; the
Chief Justice a salary Of $500, and each Of the
Associate Justices salary of $1,000 annually; the
attorney General salsry OF $4,000 per annum,
@hu eno IAotiCG AttoTuey Salary OF SlbUU.
In each OF these cases sthe salary" is payable
quarterly" on tha Off GERS sown warrant"
The peculiarities Of the provisions as to the
District Judges and the legisla ors viii! be here.
after noticed. At present 1 merely treat the |
question whether, after the commonwealth has. |
10 it's constitution OF government, declared what
salaries" these officers "shall receive" the said
governmental agency, or any part thereof, can,
without referring to the people for a change of |
their expressed viii increase any all Of said sal.
aries; 9. g., can the present Legislature esta osh
he following salaries, some of which are not
,qual to the merits-even il they are to the |
wishes and needs-of the functionaries mention
I'd:
Lieutenant Governor ........... $500 |
Chief Justice ............. 10 600 |
FOR each Associate Justice -. ....... $500 |
FOR the Attorney General. ral............ 5000 |
Cor each District Attorney. ............. 1000 |
Now want to know if any lawyer can say-in |
'iew Of the above provisions Of the constitution
hat statute establishing these salaries would
'e Constitutional "Thus far shalt thou 60 and
10 farther" is not added to any one Of these pro-
'isions
In the articles quoted from, there are specific
directions to the Legislature, every member of
vhlch Is sworn to observe them. For instance,
lere ls the command that ssthe Chief Justice
hall receive salary OF $500 annually"
This evidence OF what the sovereign made up
fs mind to do on the subject will stand as long
8 the constitution ia unch .nped Only that
overeign has the right to make a change. The
emporary or ephemeral agency spoken into being