The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-02
Shall We Pension Our Judges :

concurrent resolution proposing an
amendment TO Article VI. of the State Con-
stitution-which relates to the judiciary-is
now before the Legislature. The proposed
amendment contains the existing provision
that no person shall hold the Office of JUS
tice or Judge of any court longer than until
the last day OF December after he shall be
70 years OF age. 1t thcn goes on to say:
Tho compensation Of every Judge OF the
Court of Appeals and every Justice OF the
Supreme Court, whose term of Office shall
be abridged pursuant TO this provision, and
who shall have served as such Judge or
Justice ten years or more, shall be contin-
ued during the remainder Of the term for
which he was elected"
This is simply a proposition to pension
Judges who attain the age Of seventy after
having been on the bench ten years or more
We do not understand why it is limited to
Justices Of the Supreme Court and Judges
Of the Court OF Appeals. All the arguments
in favor OF pensoning these officers apply
equally TO Judges OF the higher courts in
cities, such as the Superior Court aid Court
OF Common Pleas here in New York. the SUI
perior Court OF Buffalo. and the City Court
OF Brooklyn. II pensions are TO be granted
at all, they should be granted, on like condi.
lions, TO all Judges whose term is fourteen
years.
But the truth is that judicial pensions
ought not to be granted at all. The State Of
New York does not ask its Judges to work
for inadequate compensation. As a rule, It
pays Thorn as much as they could make in
the practice Of the law. OF course, there are
notable exceptions in the case Of certain
men VINO are willing to serve the State on
the bench for less than they could earn at
the bar; but these are not the Judges who
want pensions, The large majority Of our
Judges hold offlce at no detrment to their
incomes. They do their work, and are fully
and fairly paid for it by the people Why
should they receive any additional compen-
sation after their labors have ceased
1t may be said that they have devoted the
best years Of lie TO the public service. and
should not be LETT penniless or, III some
cases, that their judicial work has incapac-
/ itatcd them for further TOLL and left them
unable 20 support their families. But the
/ State docs not undertake to care for prac-
/ Using lawyer, or doctor, or a merchant,
who, after years Of effort. finds himself IN
| such plight as this. He has 10 get on as
| best he can. And the retired Judge, 10
whom the people have paid during all the
time he was on the bench just as much a.
/ he could have earned in the active practice
Of his profession, should be allowed 10 get
on in the same way. A wounded soldier
may reasonably ask pension. The loss OF
an arm ora leg makes him worse Off than
when he entered the service Of the State
But a Judge, whose salary has been equal
to the money he could have made at the
bar, has suffered no loss which the State
can properly be called upon TO make good
The judiciary article Of the Constitution
is capable of being improved, but not in
this way. 1t would be improved by an
omission Of the clause which disqualiles
Judges at tho age of seventy years.