The Bridgeport evening farmer., 1909-02-19
THE sALARY-1NcREAsE DECISION

FRIDAY, FEBRUARY 1s. 1909. THE sALARY-INCREAsE DECISION
 The text of the opinion of the Su- preme Court in the case of Sullivan Es. City of Bridgeport, was awaited with interest by members of the bar bf this city.
 The question at issue as is generally understood, was the legality of the &C., kion of the Common council in raising tho salaries of the police, which ac- kion was called in question by the board of Apportionment because of a charter restriction against increasing fhe salary of any officer, employee, agent or servant of the city to take eff feet during his term of office and be- eause of similar prohibition against such an increase contained in the Con etituton. of the State.
 This paper was the only one in the city to announce Tuesday the decision of the appellate court in favor of the legality of such increase.
 1n the case of Wright vs. City of &48ILAVkA WuGEC ~ SIIidAl SdldIy w dS einilarly increased in that city, the Su- prone Court held that the fireman, Wright, was not entitled to the in- crease because of the constitutional in- Aibition.
 Tn the recent case of McGoyern vs. Mitchell, Comptroller, the Supreme Court decided that in the case of their own salaries and the salaries of the other judges, which had been increased by the Legislature, the constitutional inhibition did not apply.
 The constitutional provision reads us follows:
 s.Neither the General Assembly nor any county, city, borough, town or school district. shall have power to grant any extra compensation to any public officer, employee, agent or ser- want or increase the compensation of any public officer or employee to take effect during the continuance in office of any person whose salary might be Increased thereby
 The decision in the local police case means that the board of Apportion- ment must immediately appropriate 11oOO0 to meet the situation created by this decision. Notwithstanding this required expenditure. any other deter animation of the question presented to Ahe highest court of the State, in this case, would have been unfortunate. Since the ordinary layman is incapable of making a lawyers differentiation In the premises and the ordinary cit azen would not be able to understand tAe hne legal distinction between this eaSe of the police and the case of the judges' salaries, and the resulting feel fng would have been that the appellate court had not been impartial in its srsatuaent of the local case. It would have been extremely unfortunate to have had such sentiment pervade the public mind and the payment of s2o- 20. by the city, is a small price to pay for the maintenance of public confi- dence in the court.
 No calamity could happen in our in- stitutions equal to what a weakening of the public trust and reliance upon the courts would be. This disburse- nent of s20.0O0 by the city should be looked upon not merely as part of che cost of administering our munich pal government, but as political con- trihution to the public welfare.
 Indeed an impartial consideration of the appellate courts action in the dis ppeal of this case must lead to the conclusion that this decision is mat ter of congratulation. but nevertheless khs proposition is projected as time- A f-~ whether it would not be better to have the courts responsible directly to the electorate.
 It has been argued in many quarters of high authority and held by conser- Sative, public spirited citizens that an appointment by the executive insures . higher standard of learning. judg- ment' and integrity than would be chosen by the public at large and theo- retically the appointive method of fll- jng Judicial positions is the better one, but as matter of practice the execu- tive is subject to the demands of the political agencies which give him his nomination and wins his election and however independent the occupant of that office may be, it is impossible that he should not be moved by the demands made upon him from sources where he feels that an expression of his gratitude is due.
 In states where judgeships are elec- tive offices, an exceptionally high class of men occupy those places. at least 1n the higher courts, and the decisions of the Appellate Court of New York, a court chosen by the people, are regard ed as second to none as precedents throughout the country.
 The people can be trusted ninety nine times out of hundred to select for this department of the govern ment men of the highest integrity and tho greatest learning.A
 When Gen. Hancock, as a Demo- cratic Presidential candidate in years agone, declared the tariff to be local