The daily morning journal and courier., 1906-01-04
JUSTICES WILL PASS
 UPON SALARY QUESTION
AFTER 4 CONFER ENCE THEY DE- CIDE IT IS THEIR
 DUTY

This Despite the Fact That They Must
 Decide the COnstitutionaIity of Gen.
 eral AssembIy's Act Raising Their
 Own SnIarIes-NO Disqualification,
 However, to be Claimed by Either
 Side on This Score.
 Hartford, Jan. 9.-After a long con- troversy in a legal way the question of the constitutionality of the general as sembly's' act of raising the salary of superior and supreme court judges fin- ally reached the court of last resort this afternoon. The act of bringing the case before the supreme court of errors for a decision on the questions of law at once raised doubt in the minds of the justices of their own right to pass upon a matter in which they are, through no act of their own, personally interested. A waiver in which both that is, Patrick McGovern, who brought the action, and Asahel w. Mitchell, the
 
 comptroller, who, as the disburslng agent of the state, is respondent--set forth that there will be no disqualiti- cation claimed of the right of any jus tice to hear the case and render a de- cision according to the law, and this was duly admitted as part of the record, The court then retired for con- | ference, and decided that as it's duty was to pass opinion upon the law in cases brought before it, 1t could not evade that duty. The arguments in the case were then begun.
 The case is of considerable interest in the state, as varying opinions are held by lawyers as to the right of the general assembly to have raised the salaries of the judges of the two courts in the way it was done. When the case was first brought only Judge Reed of the superior court was thought to be competent to pass upon the ques- tions raised, and after hearing he decided to send the issue to the su- | preme court for ruling. The chief contention Is that the law as passed Is contrary to the constitution of the state. The unique feature is that the judges have to pass upon a law which,, I if good, will raise their own salaries.
 The states case is being handled by Attorney General King, while Senator McGovern Is represented by John A. Stoughton of Hartford. The prelimin- ary proceedings have been legally technical, and concerned mostly the form of complaint in order to get the case properly before q court. l The decision of the supreme court is as follows
 "The court is reluctant to hear this case. No final determination of the subject matter in controversy, however, can be made except by the supreme court of errors. Of its five justices all are directly interested in the result of this action. Of the judges of the su- perior court who might be called in to sit here all but two are similarly inter ested. If therefore, the cause were to be heard before full court a majority of the judges would be interested in the result. If, on the other hand, a special court of three judges of the superior court were to be constituted, under General Statutes No. ASA, to constitute the supreme court of errors, 1t would be necessary, in order to fill it up, to des- ignate at least one judge who was so interested and thus to place upon him the burden now resting upon each of us.
 "The question presented to us by this condition of things we regard as one of judicial duty.
 The statutes of the state have pro- vided for the situation in which the parties find themselves. They author ize judges who are interested, in the event of a cause, to hear it on the re- quest and by the consent of both par ties, expressed in court Such request and consent have been expressed in this case. We think that we have no right, under the circumstances, to decline to exercise a jurisdiction which the law has committed to us"
 The case was then taken up for argu- ment, the first argument being ade'by Attorney General King. The attorney general and Judge Henry Stoddard of New Haven, are for the defendant while Judge John A. Stoughton is coun- sel for Senator McGovern.