New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-11-25
PAY BOOST ILLEGAL
REPORT ON INCREASE.
Bar Association Committee
Calls II Unconstitutional.

Edmund Wetmore. president 81 the Asso-
carton Of the Bar ~ the cry % New York.
- yesterday - Mayor Mcclellan a re-
- iron, the association judiciary com
--,-res on the action o. the Board Of Esti-
nate and Aprcrtionnnent an increasing the
salaries o. supreme Court justices in the
- sns - districts 20 so a year.
re committee holds tnat the action was
unconditional William L Guthrie Is
chairman 81 the committee. and the other
members are James Byrne. John : Wise.
Austen g Tex. J Frederic Kernochsn.
E5e--- 7. stirnson. Charles e.. Birmingham
and e1-Justioe Morgan o'Brien-
In the opinion o. the committee me sc-
ton - The board. taken I'm order thar the
,usrfoes should BE- actually receiving an
aggregate compensation az the rate ~
&. ~ vesr on January T. 1910. vas "in
,t~latior ~ the spirit and letter OF Section
1, ~ Article " q the constitution OF lSs4-
g. me same Is nov and viii continue until
January T. 1910 IN so FAR as such increase
ru-ports 70 apply @ justices elected prior
- re0s and N once when the recent amend
-,s-t vas adopted"
TIE committee re-ites thar tho coustitu-
,io-4l con, ention ~ lss4 introduced IN
amendment on this subject by restoring
.ubsrsrtislly the original provision ~ the
constitution 81 lSas. Under the constitution
q 40 IS unamended. a was provi,ied, In
session 81 Article VI. that justices Of
the Supreme Court should receive = COM
persstion established BY Law. and that this
cc-ruenzation should not be increased or
diminished during their continuance in
ono
INCREASE INVALID
TITS vas amended in lSse and rs sec
ton "a % Article " provided that the
oo-pensstion OF the justices should not ~
diminished during their official term. Tn
ls4 this provision wa further amended
and IS Section % 81 Article VI reverted
practically 70 It's original form in the con
F-irurion Il lS4S with = single exception
tnsr does not bear on the point I'm question
o. the present time
TIE COMMITTEES SAYS tust under the
judiciary Law now I'm force and effect sec
zion "a provides that justices ~ the Su-
rreue Court shah receive from the state
Er annual compensation % 5000 The fol
owing section provides that the Board Of
Estimate may provide for the raising Of
thr TAX ans for payment 10 the justices II
pho supreme Court resident in the lss
Judicial District 81 such additional com
pensstior as its members may deem proper
TIE report then says.
I'M tho opinion Of your COMMITTEES. tn
foar1 m Estimate and Apporrionmenf OF
re- cry 81 New York. acting under an
t-or't1 ~ the legislature, - no more
Increase or diminish the compensation OF
-e-'-e ol lhf supreme court during their
o-lC'a- fsrlns thau could the Legislature IT,
eef The case OF the People agr Hsws. e
Barb. ~ " flch presented the exact Ques-
non under The constitution Of lSz6 as un-
~Tie"l-1- seems 20 be clearly IN point. and
% hold that tho proposed increase would
rHfnr - IA HfHrr md
hence invalid.
Your committee. therefore respectfully
Tr-omuends, provided TIE executive COM
rr-rtoe concur an this view ~ the law. that
such steps be- taken - VIII bring 10 the
r- l-eh oL ne proper MUNICIPAL auLhori-
'fs fnf Tact that tht action Of The BOARD
o- Estimate and Apporrionmenr in In
cres-iuS the compensation u Jhe justices
't rho supreme Court IN tins city rs "a
violation OF the constitution 81 the state.
I.KELY To REsCND.
Gro vn % a special meeting ~ the
hoard on Monday afternoon NJ s.So o'clock
o. consider The propriety Of resembling the
resolution su-horfzIng the Increases The
h0u- was So A. f3o o'clock so that the
justices ~ the LIST and % districts could
send rcprcsentativcs 20 discuss the nropO-
-riou. The indications are that tho reso-
.-Io1 viii be rescinded and that the sal
s-es 30 Tho justices viii remain rs they
s-r
EsEo- Mcclellan said yesterday that be
t-If ind no warrant in law for taking
t-e advice ~ Justice Seaburv that nj
Should veto the resolution PASSED by ths
F.s~6 ~ Estimate.
Allan Robinson - Tho Alfred Real rs
tz-r Interests. said that organ. cation had
prepared papers for = taxpayers suit
~.ri~r would he reid pm abe snce Uufi
-re- fte meeting on Nonda1. n th'
-r-s.s rion is not rescinded then. MI. Rob
.H.er ed IN injunction would he asked
rr. Franklin Levy. counsel for Tire Or
Sar -arror. sent = letter 70 tho Mayor yes
fr-H- 7rrsctirE me legality of Tire = ct' on
s 'f-- DIUb acting through SIS eNecu
f.r committee strongly condemned fl
.r--- because esq is morally vIfhou
SUPPORT end because irs constitutions iirr
.- r. =sr rho least doubtful ss increas
-- --e rpr7u=nzatlc1 - these justices dur
t-z r-~.- terms ~ oficr The club vii
fr -rr~-zr-t-d ~ rre meeting ~ .he Boar
nj Fs-fr7sre on MoUdsV