New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-05
WILL SELECT LAWYERS
FOR THE CUSTOMS COURT.
President Will Fir Their COmpen-
safion at $40 900 a Year.

viii be composed entirely Of lawyers Of more
than ordinary ability. and will be- in so far as il
is possible TO make il. a purely judicial body.
The action OF Congress in emitting the appro-
priation for the salaries of the Judges of the
new court from the emergency deficiency bill. it
is believed, will make possible the selection of
jurists a salary of $4,000 instead of at $1,000.
the figure fixed by the appropriation bin. The
President is of the opinion that in order TO
secure men OF the standing he desires for this
tribunal il viii be necessary 10 offer the larger
remuneration.
II with this same idea in mind that the
President prevailed upon the tariff conferrees TO
change the location of the court from New York
TO Washington. as it is appreciated that per-
manent income and a judicial place afford
more attractions 10 men of high standing in
their profession when their duties call for their
residence in Washington than when they would
require residence in New York or other large
cltles. The President and his advisers believe
that the social position and the honors which at
tsch TO judicial post here are actually equiva-
lent 10 just so much additional remuneration.
some doubt was thrown the situation his
evening by an apparent difference Of opinion be-
tween the President and the Secretary OF the
treasury on the one hand and the Attorney
General on the other. II is asserted by Re-
publican Senator that he has received an opinion
from the Attorney General TO the effect that the
customs court cannot be appointed until after
Congress has made the necessary appropriation
This Senator says he purposes 10 insert Mr.
Wickeisham's letter in The Record to-nor-
row.
In view Of the fact that both the President
and the Secretary OF the Treasury hold an op-
posite view, il seems possible that the Attorney
General was not informed Of all the facts al
though II he was. the Chief Executive would
doubtless be guided by his opinion II is further
remarked that il is decidedly outside of his
usual practice for the Attorney General 20 rem
DER 20 member Of Congress opinion a
subject on which he is likely subsequently to be
asked for an opinion by the President.
BUSINESS MEN IN SERVICE
The suggestion has been made that some
members of the court should not be lawyers
but should be chosen rather for their sound
common sense and business experience but that
idea does not appeal 10 the President or 10 Sec
Rotary MacVeagh. They submit that there is
now business man Of experience at the head
of the customs service and that in the main the
board OF general appraisers is composed OF bust
ness men.
When appeal is taken from their decisions il
IS held that such appeal should be made 10 men
who viii be guided solely by the law The ex-
perience OF the Treasury officials has been that
supporters called upon 10 abide by the decisions
OF the board CT appraisers always maintain tina.
they become partisan in their judgment, that
they seek 10 secure for the government the
largest amount of duties rather than strictly 10
interpret the Law. and il is the purpose of the
administration TO establish tribunal the ju-
dicial quality Of which cannot be reasonably
questioned.
IL is entirely possible in view Of the action Of
Congress, that the men appointed 10 the new
court viii be compelled 10 wait until next win
ter before they receive any remuneration. but
even this is deemed preferable by the admins
tration 10 the necessity Of appointing men who
would be satisfied with life places at a re-
Enumeration of $1,000 year. Had the provision
in the emergency deficiency bill become law the
amount there fixed would have been the compen-
sation Of judges.
This is in accordance with long precedent as
is shown by the fact that for years the statutory
compensation of members OF the Cabinet was
$4,000. while they drew only $4,000. the amount
! fixed in the appropriation bills; and even now
the statutory compensation OF the assistant sec
retaries Of the Treasury is 5000. although they
draw only IS 600. In order 10 prevent any claim
for the difference being flied subsequently, every
official who draws e salary less than that fixed
by statute is required 10 sign a quit claim 20
the balance whenever he signs his salary
voucher.
NEh TURNER'S IN OBBOSlIiON-
But as regards the customs court, in the alb
sence OF any official pronouncement of Congress
other than that contained in the tariff law, which
fixes the salaries of the judges at $1,000 the
President viii be wholly within his rights in as
Stunning such 10 be the intent Of Congress and
making appointments on that basis. while with
the Senate leaders and the administration p
unit in their opinion on the subject. no anxiety
is felt as TO the course OF Congress when the
time arrives 10 make the necessary appropria-
tiOH next winter
During the debate the deficiency bill I'm
the House to-day. Representative Mann. of iii
nois, asserted that the action OF the conferrees
in striking out she item making appropriations
Tor the salaries OF officials i'm the new customs
court would not have the effect Of delaying the
oisanlzat IN II that body. He said that the
PRESIDENT would appoint the judges and other
ofncais as soon as the tariff bin is signed. and
mat instead of receiving $1,000 per annum. as
Wa PROVIDED IN the Senate amendment TO the
oen1ency bill' the judges will receive $1,000 a
year as authorized in the tariff bill
MY Iawney took the view that the iudges
anu "n'clsis OF the court win not be appointed
by the President until some appropriation is
MADE for their salary and IN this onsnio. ~ |
"as supported by Representative Smith. OF
Iowa, who declared that the matter q, soIa-,o
VIII be taken up at the next regular session az |
Congress. There is much opposition to tba ems
toms court i'm the New York delegation .ra
Representatives Bennett and OIcott both rosda
fve-rninute speeches. in which they said n ,s
an unnecessary expense. and that the work OF
the court be done more effectively by the
New York judiciary.
The course OF the House oonferrees I'm insist
ing that the sum appropriated for the tariff
commission be cut from 100000 as fixed by TIE
Senate, 10 $4,000 is seriously regretted by the