The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1909-10-21
JUDICIAL SALARIES AND
The CONSTITUTION
Won MOSChzISker Did Not Ex-
press Intent Of FramerS
Of Organic Law.
JUDGES ARE PUBLIC OFFICES
Debates In Constitutional Convention
Clearly Show That Delegates Were
Unit In That View Of the Subject.


Clearly Show That Delegates Were
Unit In That View Of the Subiec
The general assembly of Pennsyl-
vania passed an act, approved the 14th
day of April. A. D.. 1903 entitled: can
act to fix the salaries of the supreme
court, of judges Of the superior court,
judges of the court of common pleas
and the Judges Of the orphans court"
Before the passage Of this act the
total compensation paid out annually
for these judges in this state was
Sb66.OOO by reason of the passage Of
said act the total pay of judges was in.
creased to S1.011,500
The constitution of PENNSYLVANIA,
section 13, article Ill., reads as fol-
lows:
No law shall extend the term of
any public officer or increase or
diminish his salary or emoluments
after his election or appointment.
The state treasurer, under his oath
of-office to obey and support the con-
ssAsu'ioh' iNluSNu W pay Tie JuuSbS lue
Increase given them by said act of as
sembly on the ground that 1t was In
direct violation Of the above provision
Of the constitution of Pennsylvania. A
writ Of peremptory mandamus was is
sued by the court of common pleas of
Dauphin county, at the instance of the
attorney general, for the use of certain
Judges therein named, including nearly
all of the common pleas judges of the
city of Philadelphia to compel the
state treasurer to pay the said in
crease. This case was heard and the
opinion written by Judge Robert Won
Moschzisker, of Philadelphia, who was
then, and is now common pleas
Judge of that city, and will be found
reported in full in 210 PENNSYLVANIA.
commencing at page 372 in the case
Of Commonwealth VS.. Mathues.
Judge Won Moschzisker decided that
the above act was constitutional and
that the judges were entitled to the
increase of salary given them by said
act. Notwithstanding the plain provis-
ions. above quoted, of the constitution
prohibiting such increase. In order to
avoid and override the above plain
language of the constitution. Judge Won
Moschzisker decided that a Judge is
not public officer within the meaning
OF the above quoted constitutional pro-
Vision. This was a startling PROPOSE.
ton, not only to the legal fraternity
throughout the state, but to the lay
men as well. The question has been
asked throughout the state, both by
lawyer and laymen, Suppose the
ibove act decreased instead of in.
creased the judges salary, whether or
rot Judge Won Moschzisker would then
lave found that the above act was
constitutional and that the Judge was
1ot public officer within its mean
ng?"
There can be no misunderstanding
II the language of the above constitl-
ional provision. 1t is as plain as the
English language can make it. mo
NV shall extend the term of any pub
&C officer, or increase or diminish his
alary or emoluments, after his elec-
ion or appointment"
Judge Won Moschzisker, finding that
lie language of this provision was too
lain to be explained away, then bases
is opinion upon what he terms to be
lie intent of the trainers of the con-
'titution of 1873, in which the above
revision appears, and tries to show
nat the trainers of the constitution
id not consider judge public Off
,r within the meaning of article III,
ection 13, of the constitution above
Ioted That the judge is public
ficer as much as any other publ,
fcer. elected by the people and paid
the people, was so considered by
,e trainers of the constitution of 1873,
shown beyond dispute by referring
the records of that convention; this
cry question as to whether or not q
ldge's salary could be increased dur
lg his term of Office was fully debated
I'd passed upon in that convention,
the following quotations from con.
;ntion debates will show:
Mr.. Calvin move to go into COM
ittee of the whole for the purpose of
nending section Is (now 13), article
-, ny duAlIS lItot MOIhb, GAttDI
;dges, whose salaries may be in
-eased."
In support of his amendment, Mr
llvin said: Under the present CON
ltution'the salaries or compensations
Judges shall be fixed by law and
all not be diminished during their
ftinuance in office, We have in.
rted the same provision in the 18th
ction of the judiciary article as it
IS passed second reading. BY the
actice under the old constitution the
laries of judges have been increased
I'm time to time as the exigencies
the time required. Now
Is perfectly manifest that while in
q 18th section of the article of the
dietary. which has passed second
aiding. 1t is provided that the com
nsation of judges shall not be dimin-
led during their continuance in Of
e, II is implied they shall not be in.
eased, but under the 18th section
low 18TH, take It for granted, un.
IS there is qualification added to
the salaries of Judges could not
'reafter be increased"