The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-07-01
TIE LATEST SALARY GRAB.

r STATE AUDITOR TINGEY had
pondered for a lifetime over various
methods Of showing his contempt for
the interests of his 5ondsmen he could
hardly have hit upon a better way
taan the one he has adopted in de-
Gliding that the law passed by the last
legislature increasing the salaries of
the district and supreme court judges
is applicable TO the judges now in Of
nee. True IN making his decision
Mr.. Tingey is but fulfilling the implied
promise he made at the time his own
salary was raised in defiance Of the
constitution. but that fact does not re-
lease his bopdsmen from liability
The auditor assumes the prerogative
OF Interpreting the constitution of the
state of Utah. basing this assumption
OF authority on the himsiest Of pre-
tcxts. He pretends to ind a precedent
for his action IN the decision OF the
supreme court i'm the mandamus pro-
ceeding Instituted by Governor Wells
TO compel the payment to the gov
ernor Of an increase of salary under
law passed after he went into office
We insisted al that time that the ir-
crease was illegal and unconstitutional.
end the supreme court to the contrary
notwithstanding. we still hold to that
opinion.
Now, even II there were no question
about the constitutionality of the in
crease for state officers, the decision Of
the supreme court does not constitute
\ precedent in this case any more than
grand larceny decision may be con-
Eidered a precedent for a decision In
case OF trespsss. In the case of the
Ntrte officers there was at least room
tor a bare-saced. quibbling construc-
tion OF the constitution. in this in
stance no such possibility exists.
If the English language used in the
constitution may rightly be considered
q medium for the transference Of
taought. Auditor Tingey's decision in
favor-o9 the judges is as high-handed
and nagrac- robbery of the public
treasury as could well be imagined.
The constitution. in section y of ar
tlcle s. says:
''rhe judges of the supreme and
district courts shall receive at stated
times compensation for their services, /
which shall not be increased or di-
unfinished during the time for which
they are elected"
Section 20 of the same article says.
Until otherwise provided by law,
the salaries of supreme and district
judges shall be three thousand dol
lars per annum and mileage, payable
quarterly out Of the state treasury"
note Immediately following this
section calls attention to the section
10
crease OF salary during the time for
which the judges are elected.
Here there is not the slightest rSOm
for a bubble. The language is so plain
that any child should be able to un-
derstand IL. Nor viii we insult Mr.
Tingey by the statement that he does
not understand it. II the provision
we're not entirely clear to him his
place would be in the mental hospital
at Provo rather than in the Office OF
the state auditor This. however, IS
by the way. Let US turn now to the
constitutional provision regarding the
salaries of state officers, the provision
i'm which the supreme court found
room FOR a bubble that has made that
hody the laughing stock of honest
judges throughout the length and
breadth OF the nation.
Section 20 OF article says: 'The
governor. secretary of state
snail receive for their services quar-
terly a compensation as fixed by law,
which shall not be diminished or in
creased so as to affect the salary OF
any officer during his term. ."
We admit that here was room for
eubble. q distorted construction of the
opinion that had the legislature de-
creased the. salaries Of the state Of
fcers, the supreme court would have
held the law to be unconstitutional as
applied to the officers than in charge
Bf The stase government. This. too, is
what the lawyers would call a collat-
eral statement.
For Mr.. Tingey to rule that the de-
rision In the statei officers case is q
suficien; precedent for his decision IN
The case Of the judges Is as hagrant
distortion OF the constitution and or
his rights as could well be imagined.
in the one case the decision hinged on
The phrase "as fixed by law" whic'.
WAS Interpreted to mean that the
trainers Of the constitution did not un-
derstand that they were making law.
entirely different section is until 9TH
crvise provided by law" which would
indicate that the trainers Of the con-
stitution did understand that they
were making law why else was the
word otherwise used?
And in conclusion we desire to saw
20 Mr.. Tingey that he knows very wei
he cannot find FIVE lawyers OF any
standing In the entire state Of Utah
who will stake their professional repu-
tations on the affirmative side of the
proposition that this salary Increase is
applicable to the judges now in office
Jf ne can furnish the names OF five
such men we viii agree TO withdraw
all opposition TO this looeng Of the
public treasury. infamous though it IS.
Bgt Mr. Tingey cannot find his FIVE
men. We doubt II ne could find three,
but we arc Wiling TO make another
proposition to him. II he can induce