New-York tribune., 1902-02-03
FAIR PAY FOR JUDGES.
WHY SENATOR HoAR's BILL SHOULD
BECOME LAW-PRESENT CONDITIONS
A DISCREDIT TO THE NATION.
Editor Of The Tribune.


short session last winter his bill for 80 per
cent Increase OF the same salaries which would
rave produced these changes: The Chief Justice OF
the Supreme Court, from s10500 sl55O0; the JUS
tees OF the Supreme Court from $4,000 to $4,000
circuit judges. from 5000 TO 5000; the district
Judges from 5000 TO 800. On December 10. 1900
The Tribune said of this bill:
II this measure errs at all, it is on the side OF
economy. Would $4,000 2 year be too much for
lofty chair that of the Chief Justice Of the
SUPREME Court OF this great nation? The best men
good or too great for the federal bench To stint
judicial salaries is not wise policy for so wealthy
aHd prosperous people as ours.
England annually pays her Lord Chancellor about
$4,000. and her Chief Justice about $4,000. Ireland
pays her Lord Chancello. about $4,000 and her
chief Justice about $4,000 Ireland pays seventeen
Judges each annually about $4,000. England pays
thIrty-six judges each annually about $4,000. Inc
United States pays her Chief Justice only Slo5v'
Average annual salary OF British judges ABOUT
S24l5l average annual salary OF ninety-six fed-
eral judges. about $3.50; excess Of average an
-ual British judicial salaries over federal sleoSL'
Zach Of the twenty-five Associate Justices OF the
Supreme Court in New-York County has an an
iiual salary Of H7So0 which exceeds that or the
Chief Justice OF the United States Supreme court
Dy 5000. OF each United States Circuit Juoee oS
Sl 800 and OF each United States District Judge OE
S12.500
That Fnriand,s decent pay for her judiciary IS no
rev thing and that the wisdom Of ii has long been
clearly understood will be seen from the folIo"-
ing extract from her leading law journal more than
half century ago. The Law Times" OF August
a. 1850, said
o 0ha Do d his YORK and DO it well He never thought
fst s t Iqagss eruSead 9le nG5 & Salaries SO earned
The Judges are, or ought TO be, selected from a
Stss 81 vgPv @ laTge incomes Their elevation is pur
chased by positive loss TO themselves; They resign
es tsonjS Be the ADVANTAGES Of their position
happens that the professional income or man
Udgeshp dGss SSs' Is less than 5000 per annum 1t was
determined
Twenty years ego The Tribune said:
The poverty OF the federal judicial salary Is and
has been for years national scandal.
Those salaries ave remained practically
changed since then. Those of the United States
Supreme Court have been changed only four times
fn the u3 years since the passage of the judiciary
act Of 17S9.
The Tribuue's remark called out then by tha
fact that United States District Judge William G.
- rhoste-an eminent jurist then, and a most sue
cessful lawyer to-day. president of the Bar Asso-
ciation-wss forced 10 resign from the federal
bench because he could not live upon his meagre
salary. Yet that salary remains only slightly
changed to-day. As The Tribune said on April
L. 1900:
better abe to spend s8ooocO 600 than it was thirty
sears ago with half the population, TO spend $loo,-
I0000o. It's wealth has increased more than three
fold from $50 900 900 slo0 900 100000. It's
people far more fully employed, earning better
wages, and are more secure and independent IN
their industries. with national credit such as no
other power possesses.
In ISa ex-Associate Justice Strong of the United
States Supreme Court said in The North Ameri-
can Review:
The business OF the court has reached such d.
Tnengions that relief is Indispensable notwithstand-
I dn to s cdg c6G dGs eg sit ST en-
Tes a as foferT Though e for years past as "a
rule. they work from an early hour in the
from eight TO twelve hours a day-they have not
heen able TO hear and decide the cases upon their
cumulation OF undecided cases from term TO term.
How many Of merchants. manufacturers
bankers work like that? The justices Of that court
more overworked now than they were then.
The same is true OF the United States circuit and
district judges. Their work is IN field OF practice
and authority to which most OF our lawyers-and
State judges too-are strangers. Transfer any
oEe Of the latter to the United States Circuit or
District Court and he would soon realize, with ir
resistble clearness. the force Of another pithy
mark Of Justice Strong's that the laws not OF the
single State he from. but OF the entire
1orty-fve States, required to be rules OF de-
oision in the federal courts IN most questions OF
law; that the laws Of many foreign nations the
law Of the sea, the entire range Of patent law, Of
federal practice with its three hundred thousand
pages Of reports of constitutional law, Of treaties
and the law OF nations would give him work in
which for long time he could only be an appren-
tice, and would feel about much at home as a
dentist would be when suddenly called upon TO
operate for cataract appendicitis-where an
error Of one-sixteenth Of an inch would be apt 10
reach z long way.
In the debate yesterday Senator Blackburn feared
7hat these judges had enough do. If he will
change places win Judge Lacombe here Judge
Srosscup IN Chicago Judge Morrow in Cali
fornis, for week, he will prefer remain Sen
ator.
Ex-United States Circuit Judge Taft upon
signing from the federal bench TO go to Manila
spoke out with no uncertain sound. He said:
i is, in its last analysis. largely question of
salary. And that leads me TO say a word on
subject upon which l am now free to speak from
s WORK Of the federal judges, the great respon-
al The - I,7g ~ % IoIts Il IL II, me 1npeises OF ; idylg
y the practice Of law for doing the most ardu-
ons work in the same cases the bar which the
judges decide, ali require that in justice the
present. salary should be raised, that judge
siaould not be hampered by the, crampng ques-
5,s9 no9 OF domestic economy, and should have some
family r W TO pT9yee no ta tor fhe ben needs EDS OF his
Why should q judges wife and children be con-
gone Yet this necessarily Te foo~s is te deafh
. great majority Of iudges-able. conscientious
near and dear.
This Is fancy sketch.
The late Simon sterne. ot this bar, in January,
1s2. wrote thus:
Supreme Court Of the Cnited states and removed
tcs M Shiei J9stice then its greatest jqrist (Jgs-
iission H. been called upon TO aid the immediate fam
q circular letter in behalf Of Justice Mers fam
pfe fequest ting Subscriptions TO be sent to Oscar B
ans: clerk Of the United States Circuit of Mime
tota,' has been sent out
To remedy this dsgracetuI situation the bill tim
ly proposes 10 give TO each United States District
Tsese about 500 more month. to each Circuit