The record-union., 1891-01-22
TWO FIFTH WHEELS.
Why City Justices on Salary Do No
Business.
The Belief That Sacramento is Not a
Township-Judge Starr's Reasons
For a Reform.

EDS. RECoRD-UNIoN: I read in your
valuable paper this morning the follow
lowing: .We trust that there will be left
unturned no stone by the Sacramento
delegation in the Legislature 10 rid Sac
ramento of the intolerable burden of pay
ing the salaries of two Justices of the
Peace for whom we have not the slightest
use." If you had called upon the said
Sacramento delegation to do away with
Township Justice of this city I think it
would be more like the right thing to
have said. will give you my reasons
for what I think.
There is no township in the city of Sac
ramento, and ought not to be any such
Township Justice in this city or any in
corporated city having 10, 900 or more in
habitants. Judge Clark, our former
County Judge, SO held years ago and
knocked out the Township Justice. That
officer interferes with the City Justices,
and takes the business and the fees which
rlghtfully belongs to the city of Sacra-
mento. There are no City Constables in
Sacramento City, but there are two
Township Constables, and each Constable
has two or more deputies, and each Con-
stable also has his office with the City
d Justices Tree OI fCuI or IuGl.
The Township Justice depends on the
patronage Of the lawyers and Constables
together, and on the public generally.
The Constables are dependent on the
three justices and the public for their sup
port. AS q matter Of course, each Con-
stable expects the patronage OF the City
Justice with whom he has his Office, and
strives hard for the patronage OF the
Township Justice. Which ever Consta-
bic can bring the most business to the
Township Justice, has a right to expect
the most favors from him. Therefore the
Township Justice and Constables are all
interested in each others welfare to the
detriment of the City Justices. Also, the
lawyers, merchants and the people gem
orally favor the Township Justice, be-
cause he gets fees in lieu Of Il salary.
But you may say: why not do away
with the City Justices altogether?" an
swer: justices of the Peace are judicial
officers, as much as are Superior.
Judges or Supreme Justices and should
be kept free from all communicating infiu-
ences if you desire pure Justice They
should not be made dependent upon the
patronage of those who bring suits before
them. Every lawyer who has had much
practice at the bar, and in the Justices
Court, who get fees for their services,
know too well how this thing works.
If the party defeated does not like the
courts decision he may appeal TO higher
tribunal, but to appeal makes more fees
for the Justices. There cannot be any
such motive or influence brought to bear
on City Justice who receives a salary.
All cities of over 10000 inhabitants should
have City Justices and City Constables
with salaries, and not fees, like Superior
Judges and Sheriffs, then there would be
no rivalry for business among them.
The way things are running in this city
now the Township Justice must be max
ing more money than would pay the City
Justices and ConStableS combined. with
a decent salary to each. Ii the Township
Justices Were done away with, and two
City Justices and two City Constables re-
tanned, with salaries, they would make,
for the city, not only their salaries, but
money besides, also. for the city. If you
had the third Superior Judge receiving
fees IN place of salary, think you there
would not be similar howl and desire to
do away with the two salaried Judges?
There is one other reason why the
Township Justice is patronized in prefer
ence to the City Justices. The former does
not have to require his fees in advance,
while the City Justice must collect his
fees and return them every month to the
city, under oath. Parties cannot always
advance the costs, and therefore go to the
Township Justice and commence their
suits, for that reason alone.
Know tne C1ty JuSt1ceS, Tor am one,
are not only willing but anxious to Go
business and make all they can legally
for the city, and we could, if there was
not Township Justice and none of the
influences existed which now are ex-
erted to prevent us. If I had to receive
fees for my services and had to scramble
for patronage to get business to make a
living in a judicial Office, as Township
Justice usually does, would not hold it
any longer than it took to resign
HENRY STARR