New-York tribune., 1909-11-23
JUDGES PAY ACTION
MAYOR CALLS BO1RD
TO RECONSIDER.
Allied Real Estate Interests to
Bring Taxpayers ActiOH
on Increase.

main as tneN are me dctioh VI '"O
Board of Estimate and ApportiOnment
on Friday i'm adding $1,000 TO the pres
ent pay will undoubtedly be rescinded.
Mayor Mcclellan called a special meet
ing of the board yesterday for Monday
afternoon at 4:30 o'clock.
II have set the hour so that the jus
.ices will be able, without interference
with their sworn duties. to attend the
meeting and give the board needed light
oh their application for increases" said
the Mayor.
The Allied Real Estate Interests,
through Allan Robinson. president. an
nounced their intention of applying i'm
nediately for an injunction in a tax
payers action TO stop the proposed in
crease.
After issuing the statement Mr.. Rob
inson learned of the action of Mayor
Mcclellan. We will apply for an in
junction Immediately. as planned said
Mr.. Robinson, 'and later, if the action
of the board is rescinded. there will be
time enough 10 dissolve the injunction.
INCREASE FOR ONLY THREE?
II have been unable to ascertain
whether any other organization has
taken or purposes to take any steps in
this matter" continued Mr.. Robinson.
Il have been informed by officers of the
City Club that that organization has
not yet considered the matter. l have
been unable to reach any official con-
nected with the Citizens Union.
THE law committee of the assecia-
81 OF nj 10 ba
unanimous opinion of the members of
the committee that the action of the
Board of Estimate was abortive so far as
il increased the salaries of the justices
now in office. on account of the consti-
tutional prohibition against increasing
the salary of a Supreme Court justice
during his term CT office. This would
mean that the only judges who would
obtain the benefit of the increased sal
ary would he Messrs. Gavegan, Page and
BLUR. who were elected on November .,
and judges elected in the future
Justice Scott, who took the initiative in
requesting the board to increase the SAL
aries. wrote to the Mayor yesterday sug-
gesting a reconsideration of the action.
The justices of che I'd District united
in saying that they would not accept an
increase until the ConstitutionaIitv of
the act under which their salaries were
advanced during their elected term had
teen tested.
MAYOR TO JUSTICES.
The Mayors letter to the justices in
both districts follows:
Some of the members of the Board Of Is
eII aiIiidre io-sS anu ARportonment who voted for
an an increase or salary To the justices in
the LIST and 2d departments have exDrsssai
doubts on the legality of the resolution
passed last Friday and a motion viii ~
made on Monday. November 20 1aoa &c
40 p. m, 10 reconsider said motion in
crtaSlng the salaries in question.
II IL therefore respectfully urged that u
committee be designated from vOur rfa
partment TO appear before the Board OF
Estimate and AppoTtiOnment 10 exDlain
the leSaI situation arising from the provf-
sions of the state constitution with ref
erence 10 the salaries of Supreme Court
!ustlces, as aHected by the recent cOnsti-
1t is most strongly urged that the conn
mittee designated be present To answer
such questions members of the board
may desire TO ask.
Justice Scott, in his letter to the
Mayor. said:
If the newspapers are to be accepted a.,
correctly rejecting public opinion il would
seem that the attempt of your board IC
conform the salaries of ths justices of the
supreme Court in the lst and I'd districts
to the constitutional amendment does NOT
meet with popular approval
The objections To II apear to be founded
nished an exc 80 for charges of sharp
practice on &C. TART of the justices. No
WEIGHED i'm a. r1JaTce againsf io'i,ens paI,,,l De
tion for fair i''u"S especIaIIv ON the 49,
of those who dTty calls upon them con.
Stantly to pa4H Upon the actions and mo-
tives of others
JUSTICE SCOTT UNCHANGED
I am still persuaded that the action of
your board was strictly within the letter
and spirit of the constitutional amend
ment, and upon this subject have nothing
to add TO the memorandum already fur
nished you. There is. however, another
side To the question which cannot be ig-
nOred. and that is. assuming the legality
of the increase of salaries. is il one which
under all the circumstances. should be
made?
no standing TO complain that the salary at
taChed TO his office Is inadequate. because
if he deems ii insufficient he has always
open to him the alternative OF reSigning,
of which some of our dbleSt and most eX-
perienced justices have recently availed
themselves.
note that the salaries of the justices of the
Supreme Court in this judicial district have
remained stationary for upward of thirty
tive wears during which period the neces-
Sary expenses of living III this city have
Increased by leaps ana DOunuS, q fact
which has been recognized by the increase
of salaries of every or nearly every other
judicial officer within the state.
The constitutional amendment Will not
90 into effect for more than a month.
Vhich will afford ample time for "A recon
sideratiOn de nOVO of the entire question
in every aspect and reSclSSlon OF the
resolution if YOU think that course proper.
7 sneak only for myself. as L was instTu-
ruestal i'm bringing the matter 10 your at
tentiOn hut / am sure that i voice thts
santIrnsnts of all nv associates in asking
that Won will take the matter up Tor tur-
thor consideration. and In assuring you
that whatever action YOU may So 80, nt ~ ~
taie nnon such reconsideration viii meet
with our entire acquiescehce-
"It is incorrect TO say that took the
initiative in the matter of raising the
salaries Of the judges" said Controller
Metz last night AT the meeting on
Friday the hoard acted on the matter
tocarse of the suggestion of Justice
Scott when l noticed that his sugges-
tion did not include the Justices of the
"a District moved 10 include the
Judges over there. as l heleNed then
and still believe that the Brooklyn
Judges are as able as II not a lttle ADLER
than the iudges'ov here.
81 WAS not at the mesting of the board
on Friday" said Borough President
Ahearn II assume that the vote wa5
unanimous because the members be
Iieved that the judges would recon-