Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-11-10
JUDICIAL SALARIES.


AS was expected by most of our
lawyers and by ordinary students OF
American Jurisprudence, the attempt
to bring before a Federal court the
question OF the salaries of judges in the
state Of Utah has failed for lack of
jurisdiction. Judge Marshall, as was
predicted by many members Of the
bar has dismissed the case, and the
judges viii continue TO draw their
salaries "as provided by law at the
last session Of the Legislature.
The question OF the alleged conflict
between the application of the law to
the incumbents and a provision of the
state Constitution. has been argued
pro and con and settled by the state
courts. There the matter should rest,
leaving Federal courts to settle ques-
tons arising under the Federal Con-
sttuton, Each have their own sphere
and one should not invade or interfere
with the other
As to the right or wrong of the in
crease of payment for judicial SER
vices in Utah, we have several times
expressed an opinion When the state
employs any kind of talent and labor
It should be willing to pay for 1t fair
Is. Excessive emouments for public
Office are not to be encouraged. But
parsimony is not true economy and
competent service cannot be obtained
for salaries very much below those
that can be secured by private Efforts
Experienced lawyers with judicial
minds are not so plentiful as some
folks imagine, and they cannot be
commanded, for very long, at the
meagrc stipend first provided for the
judiciary In this state. The Consti-
tuition, in stating the figures, did so
"untll otherwise provided by law" and
now tina, provision has been made, the
matter has been fairly arranged and
should be left undisturbcd.
we notice IN Law Notes for Novem-
Der q paragraph on this subject a por-
ton OF which we here append
"The salaries Of judges Of most Of
the appellate State courts are murh be-
meath the market price for abilities
which they are supposed TO possess. We
observe that the last General Assembly
of Connecticut increased the salaries
Of Judges of the supreme Court OF En-
rors from $1,000 TO $4,000. A few years
ago one OF the judges OF that court re-
signed In order to resume practice
ia d IN
salary. Another Judge Of the same
court now deceased, was once seriously
considering the ACCESSIBILITY of resign
ing so that he might devote himself
wholly TO occurring In law school
whereby he was assured OF a larger
salary,
our state Constitution put, for the
time being. the salaries Of the supreme
and district judges at three thousand
dollars per annum with mileage added,
The Legislature of 1908 raised the
amounts TO four thousand for district
judges and i've thousand FOR supreme
judges without mileage In either case.
1t should be understood that the Utah
case before the Federal court was not
taken on the ground that the Increase
of salaries was excessive, or that the
work required was not worth the mon
ey, or that the Legislature had no au-
thorlty to make the raise but turned
on the point Of the right OF the judges
who were IN Office when the law Of 1903
way passed, 10 receive lis benefits m
face Of a provision OF the State Const-
tuition which some lawyers construed
as forbiddmg It's application to those
lncumbcnts.
The judicial salary question, which
many persons viewed as involving oX-
irayagance not fully understanding
the market value OF legal and judicial
services, was settled by act of tha Leg
islamre, Application OF the law TO the
present occupants Of the judicial offices,
may be viewed as settled BY the courts
1t Is not of sufficient financial import
ance TO agitaJe further nor DO we think
Il Is so now as a point of law