New-York tribune., 1905-11-17
JUDGES AND CAMPAIGN FUNDS.

II the present law requiring statement OF
the political contributions of candidates does
nothing to check extravaganza and corruption, 1t
at least gives the public measure of the hnan-
ciaI value of judicial Office to the politicians who
make nominations. Joseph E. Newburger, who
was elected Justice of the Supreme Court last
week, practically without opposition, having had
the nomination of both the Democrats and Re
publicans reports that he sent his check for
So 600 to the treasurer of Tammany Hail.
Perhaps the treasurer of the Republican
County Committee may think that showed un-
due discrimination. 1t might be thought that
the spirit which prompts the removal of Judlclal
office from the arena of politics could best be
exemplif1ed by impardality with reference to
the campaign over other places. 1t is to be re-
membered however, that Judge Newburger was
not already in the Supreme Court, and, as new
aspirant, might claim right TO be In politics In
the short interval between his resignation from
the Court of General Sessions and the election.
His case is not Just like that of the justice who
seeks an unopposed reelection on the ground
that he has long been removed from pohucs ana
asks support not as Democrat or RepuDi-
can, but as q competent and impartial juoge
Yet more than once we have seen judges so stu
ated paying equally large sums TO one party ia
yorable to their reelection and nothing to the
other. when those contributions went not to pro-
ure but merely swelled the general fund to In
huence the choice Of governors, assemblymen and
MAYORS Such practices unjust and tend
seriously to interfere with the practice OF re-
electing sitting judges without partisan oppos1-
tion. Parties can hardly be expected TO take a
non-partisan attitude toward judicial nonina-
tions when judges themselves do not
Judge Newburger's $1,000 bore no relation TO
| the expenses incident to his election There
he
| mote Mayor McClellan's election. That sum IN
| all probability did not measure Judge New
| burgers interest in the municipal campaign. 1t
merely measured the Tammany ''rake-of" on the
| salary which Tammany was giving him the
chance to secure. 1t was the office brokers' COM
| mission and it is well known that that commits
/ sion is collected not merely from new aspirants
| for the bench but frequently from old Judges as
/ the price of denomination, even when the op-
position promises TO indorse them. 1t is under
| stood that the Tammany hitch over the renomi-
nation of Justice Ingraham was due to his let
| ting 1t be understood that, having paid literally
| when a candidate before, he would not now pay
10 retain an Office which, If he was entitled to
| it at all, should come to him because Of his
| ord of freedom from politics.
| Either the salary of a Supreme Court justice
/ ought to be lowered OF else the justices should
| be freed from such levies. The salary is fixed
| at its present high level, compared with that
| of other Offices, the theory that competent
men cannot afford to take the place for less;
| that, in fact lawyers make a sacrifice to duty IN
ascending the bench, even it is. If that be
true the judges deserve every cent the law gives
| them. If the salary has been made excessive
In order that politicians may have something rich
| to auction off, and good men are ready to do
| the work for less than the law allows, then
reduction should be made. The taxpayers
money should not be wasted on 'rakeoffs" for
| office brokers. A candidate for judicial office
will naturally pay the expenses incident to his
own campaign. He may even give something to
promote the general policies with which he is
in sympathy, but when he contributes out
of all proportion to those paid by other candi-
dates whose election is contested, and evidently
on the theory of giving politicians a share in
what is considered rich plum, the levy becomes
a grave abuse. The judges ought to resist 1t,
make themselves independent and free their Of
fees from the reproach Of being political spoil.