The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-12-14
JUDICIAL SALARIES AND TEXTURES OF
OFFICE.

OFFICE.
The constitution of the United States pro-
vides that the federal judiciary shall be
appointed for life. Congress- has wisely
supplemented this provision by retiring
and pensioning the judges of the supreme,
circuit and district courts, after they ar
rive at about the age OF seventy years.
Not more than two or three of the states
have followed the example of the conshtu-
ton in making the judicial tenure of office
extend to life or during good behavior.
Among these two or three exceptional
states is Massachusetts, whose bench has
deservedly occupied a high position among
the courts of the English speaking world.
Nearly all of the states have seen fit to pro-
vide for the election of judges by the peo-
pie for terms OF varying lengths. In New
York the term of Office OF the judges of the
higher courts is fifteen years; in nearly all
of the other states it IS for much shorter
period. The reason for departing from
the example of the federal constitution is
by no means clear
AT the time of the adoption of the con-
stitution the wisdom of the provision re-
ferred TO was brought into question, but
ably defended by the chief founders of the
government.
ALEXANDER HAMILTON wrote to the Fed
eralist as follows:
According to the plan of the convention,
all judges who may be appointed by 1.-THE
United States, are to hold their offices dur
ing good behavior, which is conformable to
the most approved of the state constitu-
tons and, among the rest, to that of this
state. The standard of good be-
havior for the continuance in Office OF the
judicial magistracy, is certainly one of the
most valuable of the modern improvements
in the practice Of government In & mon
archy, it Is an excellent barrier to the des-
potism of the prince; in a republic, it is a
no less excellent barrier to the encroach-
ments and repressions of the representative
body, and it is the best expedient which can
steady, upright and impartial administra
tion of the laws. The inflexible and uni
form adherence to the rights OF the consti-
tuition, and of individuals, which we per
ceive to be Indispensable in the courts OF
| Justice, can certainly not be expected from
| judges who hold their Offices by a temper
airy commission. Periodical appointments,
however regulated or by whomsoever made,
would, in some Way or other, be fatal Il
their necessary independence. If the power
of making them was committed either tC
the executive or legislature, there would
! be danger of an improper complaisance tC
the branch which possessed it; for both
there would be an unwillingness to hazard
the displeasure of either; if 10 the people,
or TO persons chosen by them for the specia
purpose, there would be too great a dispo-
sition to consult popularity to justify {
reliance that nothing would be consulted
but the constitution aud laws"
Experience suggests that ii a judge be
appointed for life with permanent in
come, he will be free from anxious fears
concerning the future support of himself
and family, will not be haunted BY
fears of re election and will not therefore
be swayed by avarice or political con
siderations in the performance of his i'm
portant duties.
In the matter OF salaries, the fedora
| government Is not SO consistent. 1t pay!
the supreme court judges $4,000 yea
and its circuit and district court judges
approximately one-half of this amount
The figure first named seems like a hand
some salary and yet there is not man il
the supreme court who would not perhap
earn several times that anount as prac
htioner; while the salary of the judges o
the lower courts referred to is manifest
Inadequate. The judges OF the highe
courts Of the state of New York receive a
annual salary OF sl7,5OO, an amount quit
generally conceded 10 be reasonable i
view of the character and learning of tn
men required to perform important an
oneroUs duties.
The tenure of Office and the salaries {
our judiciary, when, at some uncertain ia
in the future, it becomes the privilege
the citizens of the territory to form co,
: stitution and to make laws thereunde
9 viii demand the careful consideration
8 convention and legislature. THE HERAL
e hopes that these matters will not be dt
4 cided in any narrow or niggardly spiri
e but that due weight to the experience
Y other commonwealth will be given.