The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-01-07
SALARY CASE DECISION.

/ IIAh PEOPLE WILL READ with
mingled feelings the decision o.
the supreme court in favor Of the
claimant, Governor Heber NJ. Wells,
in what is known as the salary case.
In the feelings Of those who have
closely observed the proceedings the
element of surprise at the decision will
not enter. Justices Baskin and Bartch
and District Judge Morse. sitting for
Justice Miner. are unanimous. An af-
firmatiVe opinion was expected, al
though in handing it down the court
has set al naught the judgment of a
very large majority Of the bars most
prominent members.
The question was not one OF party
or politics. The bill to increase the
salaries of the state officers originated
in a Republican house ard was pssse1
by a Democratic senate before it could
become a law. There was no differ
ence of opinion on the point that the
existing salaries were too small Dem
ocrats and Republicans alike were will
ing to concede that the officers were
entitled TO more money. The only
question at issue was as to whether it
YVES morally and legally right TO apply
the law TO those now in Office.
On this there was wide difference
Of opinion in the legislature. and
amendments specifying the time when
the act should become effective were
voted down. After the bill was passed
The Herald, on behalf of the taxpayers,
caused a canvass of a score of the best
lawyers in Salt Lake to be made. 1t
was found that they were, with one
exception, unanimous in the opinion
that Governor Wells and his colleagues
could not hope to profit b., the new
statute. They agreed that the consti-
tuition absolutely forbade that which
the supreme court yesterday decided
to be constitutional
There was nothing Of politics in the
symposium OF opinions presented by
The Herald. It vas made up of calm,
unbiased constructions of a most i'm
portant clause in the constitution,
which fixes the salaries of state Of
ficers until otherwise provided by
law" On this the decision Of the SUI
preme court hinges. It has decided
that the phrase means it is possible to
change the compensation of an officer
during his term because the constitu-
ton is not law. This looks decidedly
like taking advantage Of a bubble.
1T was certainly the intent of the
constitution to make it impossible for
any legislature to tamper with salaries
as fixed Tor the term for which an
officer was elected. Suppose a set OF
Democratic state officials had been
elected, and a Republican legislature
had Gu their salaries down to 81 per
year a, or vice versa; would any
SUPPER court have endorsed such a
perfor1. 4nce? on the other hand, if
it was possible for the legislature to
increase the governors salary from
$1,000 per year to $4,000. couldn't it
have increased it to $4,000 just as cas-
lily. and the pay Of other officers in
proportion?
The purpose of the constitution was
to protect not only the public. but the
oficeholders themselves. It would be
no fairer to permit a man to think he
was to get $1,000 year and then cut
him down to nothing than for him to
expect $4,000 and get $4,O01. The rule
is ore that works both ways; it is a
two edged sword and both edges are
very keen. True, the supreme court
says that since the salaries have been
fixed by law" it viii be impossible for
future legislatures to charge them as
applicable to acting officials. 1t is i'm
POSSIBLE 20 say what a future supreme
court may do, for. with all due defer
ence % supreme courts, they are just
as human as 'iuries.
Another. rhase of the case is its NOR
al phase. Of all the state officials.
Governor Wells had the least right
to demand an increase in his pay. For
FIVE years he served the state as chief
executive at $1,000 per year. We shall
not insult our highly esteemed govern
or by believing that in so long a period
he was unable to find out whether or
not he Yould maintain his official dig
nifty and do credit to his state on $1,000
a year. His clear and active brain did
not 'azcome clouded, and yet at the
end OF I'VE years. at $1,000 4 year, mind
you, we see him going before his party
convention and asking for four years
more in the governorship at the same
s., 900 a Gear.
1t is hard to believe the governor was
even then planning to have his pay
raised. But if he was he must have
known there was a decided possibility
OF failure. Would he have resigned if
the legislature hadn't done as he asked?
Wei. hardly That's ore thing your
good Republican never does. So it
seems to us that it is in very poor
grace for the governor to seek and Sc
cure the aid of the court in depicting
the treasury OF the state. The other
officials. notably Secretary of State
Hammond, who occupies exactly the
same more3 position as Governor
Wells. must also seem open to eriti-
cism as they cash their warrants for
the increased salary, for they became
candidates under the distinct under
stat. ling, an understanding that should
have all the force and effect of a con-
tract with the People Of Utah, that
they were to receive a certain COM
pensation.
Our compliments to COUNCILMAN Tud-