New-York tribune., 1909-11-21
OFFICIALS MUDDLED
MN IN JUDGES Ply.
Brooklyn Justices Charge
Sharp Practices for Increase.

DEufp ITGfiiCtS lOf fhotust.
There seems 20 he some difference of
opinion among city officials IS TO whether
q. not the resolution passed BY Tive Bosrd
~ Estimate on Friday increasing the con-
pcnSetion paid 10 the justices OF the Su-
prerne Court residing in New York city
bv the city by Saeo a year viii have %
50 20 the Board of Aldermen FOR approval
on Frldsy Mayor Mcclellan said that he
understood shat the aldermen would have
~ take action on a. Yesterday Controiler
Metz expressed the opinion thst The alder
men would not have 10 lie consulted.
Esch year the budget contains an item
az Se.eo 20 provide Tor additional COM
psrsstion % sustices Of the Supreme Cour-
who may be especially assigned from up
state 20 sit in The lst Judicial Department.
There remains an uReNpended hslsnce IN
this fund Of from sSoso 90 sseeso. and d;
was stated that - would lie permissible
FOR the Board Of Estimate 10 transfer
money from this fund 10 pay the increase
IN salaries Of resident justices fer ;he
month Of December
The additional amount needed Tor che
thirty justices IN tie lst Department woald
~ about sieea9 To pay the thirteen jus
tices in the "a Department about $500
would Re needed. or tho fund appropri-
s'ed for additional compensation 30 up
sis'e justices sitting in the "a Department
only Sl.eo remains. There is a question
20 Nhefher The extra S"sb could hc
taken from she lst Department fund
IL seems clear that unless tho Controller
can ind some fund out ~ which 10 paw
the additional slsoo9 FOR Decemher a spe-
rial issue OF revenue bonds would have
10 hs authorized. II this should - neccs-
ssry the Board OF Aldermen would have
10 pass The issue. one city official
sail that Section IS OF the charter might
have some bearing on the subject. This
reads.
II shall he the duty OF the Board % A.
dermen. upon tho recommendation OF the
Board ~ Estimate snd Apo portiOnmemt. to
N the salsfy ~ "t.Ty ofhoer OF person
WHOSE compensation Is paid out Of the city
treasury fhere follow sOnae exceptions. not
including justices,, except that no change
Shail 5e made IN the salary ~ an elected
Officer or head Of a department during his
tenure of once.
The Brooklyn justices were free ycstcr.
day in private expressions ~ opinion on
the increase IN tho pay 90 members of the
supreme bench. They said that the Man
hsttsn justices had been guilty 81 piece
81 sharp practice in taking advantage ~
the wording - The amendment. N never
vas Intended. they said. tlat the salaries
- justices in the Isl and ID departments
should be increased. The amendment TO
the constitution VAS inicnoed only TO hene-
ht the upstate judges.
The Brooklyn men said that they never
Rad any intention of taking advantage %
the way Tie law was eofded. hut when
they found cut that the Aisfl .artRn justices
we're 20 Get an increase they though; that
TIE bench ~ tho "a Department should
fr~s~- : 10
the justices was held on THURSDAY. and il
was decided Eot 20 ask for an increase,
but 10 represent 10 the Board ~ Estimate
that the Brooklyn justices should he treat
ed the same as those Of Manhattan.
Aimet +. jerks. presiding justice ~ the
Appellate Division OF the "a Department
was out Of the city yesterday. IN his ab-
senoe Justice Burr issued the following
statement for tfe Brooklyn justices:
50 far as ] know the question % the
possible increase ~ salary by reason of
the operation Of the constitutional amend
meat had never been considered by any
of the justices in this department or had
they any knONledge that any action was
being taken in regard thereto until Thurs
At mat tine word was sent to. one Of
been offered 20 the Board Of Estimate Tor
its consideration relative 10 the salaries OF
Ihe justices IN the ist Department.
meeting ~ the justices ~ tho "a
District was called last Thursday after
court had adjourned. II was unanimously
resolved that no affirmative action should
~ taken by them in regard 20 the matter.
There Was also a unanimous expression OF
opinion thsf no discrimination should De
MADE between justices of the Supreme
CouIf residing in the same city and per
forming substantially the same work. The
feeling Of the justices I'm this district as
thus expressed was communicated 10 the
Controller yesterday morning
The Evening sun" yesterday quoted an
unnamed justice OF the supreme Court as
saying:
of an officers in tho employ % tho peo-
81. Justice ~ The supreme court should
DO above suspicion. lie should be unNill-
ing 70 take advantaCe a. = lechnicalitv 10
the question ~ whether Hr uot thc - larieS
of tie justices Ia the metropolitan district
should hc increased, II vas clearly not tire
sntcntion. either 81 The Legislature, which
n-.lO presumably have adopted it that the
SslsriCS of the justices in This city should
be higher than the Sl7.5oo now existing.
/ for one do not wish To take RdIan-
tsgo OF such legal fiim-nam. A tax
PAYERS action could stop TINS whole scheme
- Tsnmsnys 70 reward few Of It's faith
sr's action. would have 20 come before ono
~ tho justices 10 whose interest II would
naturally be 10 decide that lie Was on
titled 20 the raise. But ] think there are
some of US who would decide against THE
graft right Offhsnd. But even though the
justice before whom A. was taken decided
it IN lis favor. the action would be taken
20 the Court u AppesiS. and then those
justices. supposed 20 be brainer than thew
are down here. but getting only sia so or
sl3..f1 year for equally hard work would
sslsries 20 s.. $50 merely because We live
IN tho city. ] sec no chance Of Tammanv
eventually succeeding in its lates- dig al
the city treasury.