Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-01-15
The SALARY QUESTION
Before State Auditor for Deter:
mination and Relates to
District Judges
APPLICATION OF SALARY LAW
APPLICATION OF SALARY LAW
Difficulty Experienced in Determining
When Increase in Salaries Shall Be-
gin and Substitutes for Judges Not
Completing Terms of Office Are De-
MED Increase.
Special to Times-Republican.


are drawn. This relates to salaries
of district judges. The Legislature last
winter increased the pay OF district
Judges from $4,000 year to $500. a
year. Inasmuch as the constitution
prohibits the legislature from changing
a salary during the term Of office of
amy official the raise did not go into
effect until the first Of this year when
the new judges We're sworn in for an
other term. But several judges were
appointed to Office after the salaries
HAD been increased and last year the
attorney general was asked to decide
whether they should get the higher
nay. The attorney general decided that
an appointee is merely substitute
land the term is the same, hence the
tappointees do not get the higher pay.
Now the auditor has been asked to pay
the higher rate for Judges who were
elected at the November election for
the remainder Of an unexpired term,
the claim being that while an ap-
Ipointee is merely filing out another
mans term it is not so with one elected,
hence the salary law would apply.
There is at least one such case IN
the state. In the Eleventh district
Judge Kenyon resigned from the bench
latter his successor, Evans, had been
nominated, but Evans did not desire
ito go on the bench until in January.
thence Gov Cummins appointed Dyer. OF
Nevada, to succeed Kenyon. This ap-
lpointment would hold only until the
next general election and Dyer was
elected. his name going on the ballot
[ byr petition. and he sitting as judge
lin November and December under
a commission as an elective judge.
There may be other cases like this
lin the state, but. 1t is a problem for
the state auditor to determine whether
or not he should get the higher salary
4 for the two months he served by elec-
ton.
The salary changes Of the Iowa su-
Ipreme court are the only ones which
do not take place with the opening of
this year. The last legislature de-
cided that members of the Iowa SUI
preme court should get $4,000 year
instead OF $4,000, but added that this
increase should not take place until
January /, 1904. Hence the court will
struggle along all this year grinding
out cheap opinions and not begin with
the strictly high grade and high priced
ones until next year. But the constltu-
ton makes it impossible that judges
who are on the bench at the time the
law is passed can secure the benefit Of
the increase. So 1t happens that next
January two of the judges. Ladd and
Bishop, will begin to draw Sc, 900 a year,
while their four associates on the bench
will be drawing only $4,000 q year. The
others or their successors will get the
benefit Of the increase gradually and
one at a time. Deemer can begin to
draw the higher pay in 1905. Sherwin,
McClain and Weaver In the years fol-
lowing. Weaver's good pay not COM
mencing until January l, 1908. For
four years the spectacle will be wit
messed of the chief justice of the court
presiding over the highest state couct
but getting less salary than some or
|all of his associates.
The state executive council has au-
thorized Gov. Cummins to draft reso-
luton to be passed requesting of all
insurance companies doing business in
Iowa or which have been doing busi-
ness in Iowa and are now in existence
la statement of the fees paid by such
companies to any and all persons what
soever for examinations on account of
the state of Iowa during long period.
1t is probable that the period covered
will be about thirty years. 1t is the
purpose Of the present executive coun-
Gil to make a thorough investigation
of the fee business and to determine
what has been the practice with re-
gard to insurance companies. There is
mo record of this matter in possession
OF the state and nothing to show what
has ever been done looking to care
full investigation of the insurance
companies. The action of the council
will probably lead to some new legis-
lation.
Important things may be accom-
plished at the state convention of Dis
trict No. 49, United Mine Workers, to
be held in Des Moines March next.
This district, comprising all the Iowa
coal mines and those in northern Mis-
souri,, has a membership of about 12,-
500, and nearly all the men actually en-
gagged in Goa! mining in the two states
are active members of the district un-
ion There are S4 Of the local unions
in as many separate districts. The
district treasury now has on hand more
than $4,000 surplus, and this nothwith-
standing that the miners of the dis
trict have been paying large sums the
past year to the support OF the anthra
cite: coal strike. Now it is proposed that
at the annual convention In Des Moines
the nnions make demand on the oper-
ators for a fixed agreement as to the
selling price Of all coal mined and
marketed. This, Is an entirely new
feature. The coal miners suggest that
the agreement would be protection to
the miners. the operators and the pub