New-York tribune., 1909-11-20
A JUDICIAL JOKER
Continued from first pnse.

10 De the only ones VINO haO C'V''
understanding Of its full meaning AMER
several questions had been asked. th'
Mayor said NJ wOUld rend a connunlcA-
ton he had received from Justice scott
/ oS the Appellate Division. II was "a 'h7
| form Of a brief. arguing for the increase
asked. and from the tense used through
out had evidently been written before
the election. II vas headed; IN 70
judicial Salaries. 1st Department
BRIEF OF THE JUSTICES
The brief read as follows:
The constitutional amendment about
% ne voted upon provides as follows;
Each Justice OF the supreme Court
shall receive from the state the sum OF
sio Oca Der year. Those justices
elected in the LIST and % judictal depart
ments shall continue TO receive from
their respective cities. counties or ois-
tricts. as now provided by law. such ad-
ditiOnaI compensation as will make their
aggregate compensation what they are
now receiving.
The definition OF the word now as
used In this clause Is TO be found in
Section "a OF the general construction
law (Chapter 27. Laws Of 1900. which Is
taken from Section Q OF Chapter 81.
Laws OF 1892 as fellows:
e The term now" IN any provision or
q statute referring 20 othcr lava In force
or 10 persons IN office. or TO any facts or
circumstances as existing. relates To the
laws In force or 20 the persons in Office
or to the facts or circumstances existing
Immediately before the taking effect OF
such provision.
Then follows the provision Ot the con-
stitution that when an amendment to the
constitution is ratified it shall become
Part Of that document on January 1 next
after such approval. The brief con-
tinues:
1T follows from the foregoing that the
aggregate compensation which the JUS
tices of H.is department will be entitled
to receive after January 1. 1910 Qf the
constitutional amendment IS adopted).
viii be the compensation fixed by law
/ and of which they are in receipt on De-
cemher 81, 1909
ADDITIONAL COMPENSATION.
After quoting the section OF the char
ter giving the Board Of Estimate power
to- give Justices such additional compen-
sation as the board deems proper. the
brief goes on to say:
Under this act the additional COM
pensation' has long been fixed at S11. 500.
so that the justices In this department
now receive from state. 5000; from
county. $1i,5OO; total. $1,000, which is
now their aggregate compensation
Unless some action Is taken by the
Board Of Estimate and ApportiOHuent
the Justices salaries will be irrevocabIy
fixed after January. 1910. at the same
figure. which. however. will be paid as
follows: State. $4,000; city. $500: to-
tai. $1,000.
The adoption Of the amendment by
the Legislature and the people Will in
dictate consensus OF opinion that the
salaries OF the justices OF the Supreme
Court have come 10 be too small, and
that. in 80 far IS they are paid by the
state. they should be increased By 81, 900
per annum.
THE constitutional amendment and the
statute above quoted Indicate that in the
opinion Of the Legislature special cir
cumstances exist which render addi-
tional compensation proper In the First
Department the amount OF which should
be determined by the proper authorities.
AHEAD OF AMENDMENT.
General public opinion In the city OF
New York has for years recognized that
s1l,J0o was q proper and reasonable ad-
/ ditional compensation 20 be paid TO resi-
dent Justices.
III the Board OF Estimate would in
/ November fix the additional cOmpensa-
tion Of resident justices at SI5.5O0. the
aggregate compensation which they viii
be receiving on December 81. or imme-
dIately before the constitutional amend
/ ment goes into effect. will Ie 81. 800
After the amendment goes into effect
they will receive from the state $4,000.
the balance Of their aggregate cornpen-
sation' being made up by the payment by
the city of the same annual sum that II
has paid for many years-viz.. Sill
500
by this means the apparent intention
Of the trainers of the constitutional
amendment that the salaries OF justices
throughout the state should be increased
By $1,000 will he carried out, and no
greater burden will be cast upon the
taxpayers of the city than that which
they have willingly borne for many
years"
Then follows a statement that ss Il Is
necessary that the Justices be receiving
the Increased aggregate compensation"
IN December. 1909. to comply with the
terms or the amendment. the Board OF
Estimate should act in November. Then
the brief closes as follows:
This will involve only the insignificant
additional payment for 4 single month of
$S33 S3. being One-tw elfth OF 81 900 IN
VIII be seen that this suggestion will call
for no increase on the budget fOr 1910
which already carries and appropriates
$ll.5O0 fOr each justice"
NO DISSENTING VOTE
There was no discussion after the
Mayor had finished reading the brief Of
Justice Scott and the resolution was car
ried without a dissenting vote Then by
unanimous consent the resolution IN
creasing the additional compensation of
| the Justices of the "a Department. from
$4,000 10 $14.500 was passed without
comment.
Later in the day when the Nfavor v-,s