Los Angeles herald., 1890-05-15
CALIFORNIA JUDGES AND THEIR SAL
ARIES.

out the fact that, at the election next
November, majority of the judges OF
the supreme court and of the superior
courts of San Francisco will be chosen.
Judges Beatty, Fox, Works and Thorn
toms terms expire on the supreme
bench, while seven of the twelve supe
rior judges of San Francisco will vacate
their positions. In this county success
sors will have to be elected to Judges
Cheney, Wade, Mckinley and Shaw.
Our contemporary makes this the text
for homily which contains great deal
of truth. 1t says:
The outlook for change for the bet
ter is not good. The honor, dignity and
emoluments attaching to supreme Judge
ships do not seem to attract the best
available material. A seat on the bench
of the highest appellate court is posi-
ton of honor that might well crafty the
ambition of any man, but after ALL an
Office is only worth the money it will
honorably yield. The able lawyer, no
less than the skillful mechanic, has a
right to seek the highest pay for the
shortest hours. If the day laborer can
make more money in working for him
self than for an employer, he will be
pretty sure to prefer to remain his own
master. In like manner, the lawyer who
can hope to earn more than six thous-
sand dollars year in private
practice, is not likely to sell his services
to the public for that sum. 1t is clear
the salary is not sufficiently attractive.
1t does not secure the services of men of
the first rank at the bar, and it does not
Go To-, 49,, 4
There have been several designations
from the supreme bench since the adop-
ton of the new constitution, and the
court has been growing weaker with each
succeeding change. 1t does not keep up
with the work it has to do, and it dis
poses of much that it accomplishes in
very slipshod fashion. Party nomina-
tions, popular elections and small sal
aries have not of late been strengthen
ing the judiciary.
We are inclined to look upon this as
entirely too sweeping, although the
statement that the character of the
occupants of the supreme bench has
deteriorated must doubtless be accepted
as correct. But is this altogether owing
to the paucity of the salary? Men OF
very conspicuous merit, like Judge
William T. Wallace, and others, found
the salary no impediment to sitting in
that tribunal. That distinguished jurist
is now serving as superior Judge in San
Francisco, at much less salary than is
received by supreme court judge.
So is Joseph Hoge, and other splendid
lawyers who could be named. Chief
Justice Wallace and his distinguished
co-adjutors were legislated out of office
by the new constitution. tits true that,
now and then, jurists like McKinstry
and Ross have resigned from the
supreme bench, but they have not in all
cases been influenced by the inadequacy
of the salary. In the case of Judge
Ross, at least, the pressure of large pri
vate interests had much to do with his
resignation.
While some lawyers make very large
incomes the number who make over six
thousand dollars year is not specially
large There are a good many gifted
lawyers in this state who never realize
such an income from the conscientious
and intelligent practice of their profess
sion. 1t is in law, as in all lines of bust
ness, very select few who grasp all the
glittering prizes of the profession.
There is something abnormal in
state of things in which the dignity of
such position is supposed to count for
nothing. In truth, it counts for great
deal. The great difficulty is that nomi-
mating conventions do their work in a
slipshod manner, and dexterous wire
pullers in too many cases capture the
positions, to the inevitable lowering of
the status of the courts. This, far more
than inadequacy of remuneration, is
what threatens the dignity of the courts.
Whether matters would be greatly i'm
proved if we had an appointive judiciary
is open to question. A demagogic gov
ernor could scarcely be expected to pick
out very high-cast judges. The appoint
ing power would be influenced by favor
itism and caprice in quite as full meas
ure as the dear people themselves.
The difficulty exists, but the remedy is
not very apparent.