Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-11-30
A SUPREME JUSTICE TO RESIGN.

n. oUThEHiL Joo1lCE III hESlGN.
1t is understood that Mr.. Justice Ross of
the Supreme Bench is to tender his resig-
nation of that position, to take effect Janu-
airy !, 1885, The Justice has once before
sought to leave the Bench, but was per-
suaded to withdraw prepared resignation
by the opportunities Of the Bar and of dis
tinguished citizens. Plainly, it is the duty
of the Justice to remain in Office to the
close Of his term. The citizen who seeks
an Office ofAigh trust and is accorded it by
the votes Of the people, is under contract
with them to do duty until the close of the
term for which they elect him. To resign
before that time, is to involve the neces-
sity of an appointment to the vacancy, by
another arm of the Government which is
not at all judicial in character, and is more
or less necessarily swayed by political con-
siderations and influences. But it may be
accepted that the Justice will insist upon
his resignation, and that the duty of APP
pointing a successor will fall upon the
Governor. 1t is not for any one to advise
that official what to do. 1t must be as
sumed that he will select to the best adj
vantage for the people of the State and
this he is more likely to do, we think, of
his own Judgment than if advised by the
Bar or the people at large, because all such
advice must be divided in character, and
distributed among a large number of law
yers, who viii aspire to the place,
or be urged by their admir-
ers for it. The causes that
lead to the resignation of Justice Ross are
of most moment. These have. been but
vaguely stated, even by the Justice HIM
self But in that vagueness there is dis
covered something of the real causes.
These we believe to be in the main the ca
pacity Of the Justice to earn very much
more in the practice of the law than is as
sured him by his salary; and secondly,
that the Court is far behind in its work.
and the burden of the labor of the bench
is falling upon few members, or at least is
not evenly divided. One of them, though
now fully restored, was for a long time in
capacitated by illness, and another is now
unable to give that labor to the business of
the Court that he should. As to the in
dustry of the others there is no need to re-
mark their labors are matters of every
day record. So involved was the Court
that a Commission to aid it in touching
bottom was absolutely necessary. That
Commission, since its induction into place,
has been laboring with marked diligence,
and has given good deal of relief 10 the
calendars. But it remains that the litiga-
ton that comes to the Court is in excess of
its capacity to discharge timely, even with
the assistance of an industrious Commits
sion. Justice Ross probably sees no early
prospect Of change for the better, and so
proposes to get out and devote himself to
private labors with greater rewards 1t is
in the air that the Justice esteems the cost
OF maintaining proper state as dignitary
of the bench too great for the fair saving
that Supreme Judge should make out of
his salary. With the state of litigation
as it is, and is likely to be, it becomes n
grave question whether the assured in
come is sufficient That it does not equal
the ordinary income of the lawyer in full
practice who has those attachments that
qualify for the bench, may be accepted as
true. 1t ought to be so ample that the
vere best talent could be secured for the
position without calling upon it TO sacri-
flee anything for the honor the dignity of
the position is supposed to confer With
the practical man this counts for very lit
tle-the end and aim of the talented law
yer of middle. life is to amass a reasona BE
fortune. That he can have no hope of do
ing, it is said, if he remains upon the
bench any great length of time. Even if
Justice of the Supreme Bench could
save clear one-half his salary per annum.
it amounts to but $4,000, and to the ambi-
tons lawyer this is very small net,
though it is probable that not one in ten
of all those at the bar of California to-day
set aside half that amount in the wear.
This question of the compensation of our
Supreme Judges is one not to be dismissed
in a breath, for it lies at the root of a first
class Bench. A meager salary will not
tempt lawyer with a greater income, ex-
cept he be so rich already that salary is
not matter of moment with him. The
people at large consider the compensation
allowed the Justices of the Supreme Court
as sufficient. The pocket-nerve of the
taxpayer is so sensitive that $4,000 of as
sured income to one he has the power to
choose, appears to the most of his class as
ample reward. But there are taxpayers
who look at the matter in a very different
light. They are those who hold that
salary for such a position should be such as
to content the man with the place, and
command the very highest degree of COM
potency for it. Such were those who adj
dressed Judge Ross letter when he some
time ago contemplated resigning, because
of the demands upon him to provide for
his family, some of whom are invalided,
we believe, greater sum of means than is
possible under salary. These gentlemen
then addressing the Justice said: " We
are painfully aware that the salary of the
office is entirely inadequate, but we hope
this will be in some degree remedied at an
early day" Among thesigners of that paper
were citizens who, though at the bar them
selves, are among the heavy taxpayers of
the State, and they represent the very
front OF the legal profession in California.
Ii may therefore be taken as the verdict of
the lawyers of California, that the salary
is too small OF course it will be replied
that the lawyers would, as a matter of
course, stand together on such a question.
But it must not be forgotten that the
lawyer-taxpayer does not greatly differ in
the matter of taxpaying from any other