The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1906-02-16
SHALL JUDGES BE PENSIONED3

SHALL JUDGES BE PENSIONED?
In its issue of last week the Har-
ford Democrat published two letters
favoring the repeal of the Judges
Pension law on the following
grounds, which seem to be the popu-
lar arguments for repeal:
First-That Article 8, section 35 of
the Constitution forbids increasing
or diminishing an oficeholder's sal
airy during his term of office.
Article 8, section So, which relates
to officeholders in general, is correct
ly quoted, but the jurist plainly
overlooked Article 4, section "a, re-
lating to the Judiciary Depart
ment," where it is provided that a
Judges salary shall not be dimin-
ished during his continuance in Of
fce," there being no prohibition
whatever against an increase. The
object in thus providing for judges
compensation in separate section
of the Constitution was doubtless to
remove from legislative reach the
chance to tamper with the judiciary,
thus keeping the two departments
separate and distinct; but as judges
term is so long Is years., the power
is left to the General Assembly TO in
crease the salary if the commercial
conditions of society so require.
Second-That Article 3, section SO
forbids the establishment of gen.
eral pension system.
Section SO does forbid a system of
general pensions, and at the same
time abolishes the office of Estate
Pension Commissioner" In other
words, military pensions which were
at that time (1S67) bankrupting the
State were abolished. Applying the
rule Of law that the intent of a legis-
lative body should be the guide in
interpreting its acts, it is conclusive
that only military pensions were
prohibited. This doctrine was fully
laid down by our Court of Appeals
within the past year when passing
upon the constitutionality of the
State Road law. 1t declared that
the prohibition in Article 3, section
81, against Involving the State in
the construction of works of internal
Improvement" was to prevent the
State from further helping to con-
struct such elaborate improvements
as the Chesapeake and Ohio canal,
and did not apply to the construc-
ton of ordinary highways.
Third-That prospective pension
after Judge shall have reached the
age limit is in the nature of ''bribe."
We submit that it is as wise and
proper for a judge in accepting office
to consider the salary offered for the
maintenance of himself and family as
it is for each and every other man
under similar circumstances In fact,
while every oficeholder should limit
his labor by his ability alone and
not by his salary, it is un-American
and unreasonable that the financial
reward should not be in proportion
to the grade of service rendered. Let
Europe alone confne her important
Offices to an unpaid aristocracy.
Fourth-That a pension is an Gin
suit" to judge because it places
him in the pauper class.
Small stipends are from time to
time paid very poor persons so as to
keep them from going to the aims
house and becoming a heavy charge
on society, but these in no way cor
respond with the definition Of the
word pension, which is payment
made to one retired from service on
account of age, disability or other
cause, especially a regular stipend
paid by government to retired pub
lie officers"
Fifth-That a Judge works only
part Of his time as such, and he may
supplement his salary by "other
work during his spare time"
This error is quite common. Not
only is judge occupied daily with
the 1abors incident to his Office, but
he is actually forbidden by the Con-
stitution to engage in any other legal
work during his tenure of Office.
The fact is that there are certain
public occupations, notably in the
army, navy, and on the bench, where
service of so high an order is required
that it ceases by law when the serv-
ants become sixty, sixty-fve or sew
enty years of age. AS their source of
revenue has been cut off by their
master 1.-THE government they have,
served), their chances to start afresli:
and become breadwinners in new
fields have been destroyed by their
late occupations and by the burden
of three score years and ten. AS their
financial reward while in office has
been less than that obtained in pri-
vate life for a service of equal grade,
governments have almost univer-
sally provided for their maintenance
at half or whole pay during their de-
Ginning years.
1t is not unusual to charge repub-
lies with ingratitude, but it is I'M
usual for the State of Maryland to
earn such a stigma, and most Of all
for the good citizens of this county
to be aidcrs and abettors thereof