New-York tribune., 1909-11-20
A JUDICIAL JOKER"
SALARY DICCOVERY
4FTER ELECTION.
amendment Used to Increase
Pay of Supreme Court
Justices Here.

''AHs 'iie duulllonai COniCt SdtlOn Gc-
ceived from the city by the Supreme
Court justices of the First and Second
departments by $1,000 each. This was
done To fix the aggregate compensation
Of these justices from the state and the
city in the future at 81 go. They re-
ceive 100 now.
This increase in compensation is made
TO take effect Immediately. under the
constitution as IL now stands, in the
face of the constitutional provision that
the compensation of judges shall not
be increased or diminished during their
official terms"
The justices will undoubtedly profit by
the increase i'm salary To be paid by the
state after January 1 under the consti-
tutional amendment voted on at the re-
cent election. which it is believed was
passed. although the full vote has not
been Canvassed.
There had been a widespread under
standing that the amendment was meant
10 provide simply for an increase Of the
salaries of upstate justices. who do not
receive large additional compensations
from counties and cities. The impression
|
guage of the amendment was meant to
provide that the Justices of the First and
Second departments. which include all of
New York City. should not get an aggre-
gate compensation larger than that now
received by them.
The amendment provides that in the
future the state shall pay all justices of
the Supreme Court at the rate of S1O.SD
a year. instead of Si.tsD. as at present.
The justices i'm the First Department
now receive an additional compensation
of Sl1.JU year from the city. making
a total OF $1,000. The justices in the
Second Department get the same amount.
S1T.JDo. but divided as follows: Six
thousand dollars from the state sal
airy. 81 loo from the state as expenses
and $1,000 from the city as additional
! compensation.
N THOUGHT CITY WOULD SAVE.
The amendment stated that in the First
and Second judicial departments the
Justices should receive such additional
compensation as would make their "ag
gregate compensation what they are now
receiving
1t was thought by many that this
meant that when the state increased its
allowance by $1,000 year the city would
save Just that amount. This would have
meant total saving of $lT2.OO0 a year.
as There are thirty justices g. the First
/ Depart..-cat d thirteen in the Second.
But by the action of the Board Of Esti
mate yesterday the city will continue to
! pay what il has paid and the $1,000 Of
/ tie state will go TO increase the cOmpen-
/ sation of the justices to $21 800. placing
them among the highest raid judiciary
! officers i'm the world.
/ However. the action yesterday means
/ that in the month of December the city
/ will have to stand the entire increase.
/ as the state increase does not begin un-
/ iii January !. This means an additional
/ expenditure for this month of nearly
| Si5.OpO
QUESTION LEGALITY OF ACTION.
When news of the action of the Board
/ of Estimate spread last night the ques-
/ tion Of its legality was raised in some
I circles Article d. Section l. Of the
/ state constitution was quoted fol-
lows. The Judges and justices herein
! tofore mentioned shall receive for their
! services compensation established by
/ law which shall not be incre ased or
/ diminished during their official term
But" said Controller Metz, 'the new
constitutional amendment changes this"
/ To this the reply was made that the new
amendment did not go into effect before
/ January l.
The justices are not yet entirely sure
/ OF getting S2l $50 after the first of the
wear. however. as the Mayor is authority
for the statement that the salary IN
creases must he passed by the Board of
Aldermen before it can become effective.
II must be passed by the aldermen be-
( fore December |. and there are only two
meetings at which il can be considered.
ON Yesterdays calendar. under the
head Of miscellaneous" was the follow
| ing. Resolution fixing the additional
CONDENSATION of justices Of the Supreme
Court resident In the lst Judicial Dis
trict pursuant To Section 1iS, Chapter
35. Laws Of 1903"
There was no reference on the calen-
dar 10 any increase for the Justices of
the 2d Department. When Controle-
/ Metz I..rne.i however. on Thursday that
a movement was on foot to increase sal
aries in the lst Department he imme-
/ diateIy communicated with some of the
4 justices in the I'd Department, in Brook
/ lyn, and asked them To make similar
request for an increase.
WANTED SAME TREATMENT.
Yesterday morning Justices Jenks.
carr, Starleton and Burr visited the
controller and told him that they had
/ l,eld "A meeting and bad decided 10 make
NJ formal request for an increase They
would leave it entirely 10 the board.
/ They did not care SO much for the in
crease in salary. but would feel badly Ia
be treated differently than their fellow
Justice, in the lst Department.
But Controller Metz decided that il
would not be- a far deal To increase ths
salaries Of justices I'm Manhattan and
The Bronx and not In Brooklyn. so he
had a-resolutlon prepared. which was
introduced by unanimous consent and
raised after the l.; Department resolu-
tIon had been adopted.
The first resolution read as follows,
Resolved That pursuant to Section
: 2s Of Chapter 80 Of the Laws OF 1909. the
/ Board 81 Estimate hereby fixes the ad-
] ,t,,i,p.I a,rnr,auSafiail from and after