New-York tribune., 1909-11-21
TDICIAL SALARIES.


The UNEXPECTED attempt 10 raise the
alaries of supreme Court justices in this
city from Sl7.-ao 10 S3l 800 year is
based on a cynical disregard of the clear
purpose Of the constitution. and must
depend for its success upon the possih:i-
ity Of sophisticating the language Of that
instrument 10 mean precisely the Oppo-
site of it, apparent intent.
This aspect Of the ease is quite aside
from the morality of the new interpreta-
ton Of the amendment likely 10 take
effect next year. In the Legislature and
before the people this was represented
20 affect only the upstate judges. Net
now the discovery is announced that by
a quick turn. the possibility Of which
had been carefully concealed before the
election. II can be made 10 increase the
pay Of our local judges 10y $4,000 a year
each for all time. The constitutional
question is one relating 10 the right Of
Judges ar the present moment. before the
constitutional amendment takes effect. 70
receive the increased compensation now
as an instrument for securing more
hereafter than the people contemplated
The constitution says that justices
~shall receive for their services COM
.'pensation established by law. which
"shall Dot he increased or diminished
during their official terms" The old
constitution. before lS95. did not pro
hihir an increase. II said that Judges
should receive a compensation which
shall not he diminished during their
official terms" Under the old constitu-
tion the judges i'm this county received
S6tsm from the state and such additional
compensation a. the local authorities
saw fit 20 grant. and il was. of course
possible al that time for the local au-
thurities O. Increase the allowance as
they saw nj. When the new constitu-
tion took effect the additional compensa-
tion was S1l.JNl. and the new consri-
tuition. which prohibited either decrea 50
or increase ~ any Judges compensation
during his official term. operated To fix
the compensation as then established. *
cept as it might ,e changed gradually bv
raising the salary II one judge AZ a time
wheE his term began.
The Court of Appeals. IN Gilhert act
Wemple held that the Sl.2up allowance
10 Judges for official expenses was
part of their compensation" 80 il must
he paid 81 a pension 10 certain retired
Judges whose compensation h8d been
continued 10y the constitutional revision.
The law providing f"r the allowance 10y
The Board Of Estimate speaks Of il as
compensation. The brief presented I'm
behalf Of the increase frankly puts il as
compensation. Possibly the word cont
pensation" can be twisted 10 mean one
thing AZ one moment for the purposes
81 q pension and another thing at an
other for the purpose Of an Increase of
salary.
We are aware of the fact that hy
Chapter 13l Of the Laws ~ 1895 the ex-
tra compensation paid To Judges i'm the
II Department outside ~ Kings County
WAS equalized with that of residents IF
Kings County This seemed desirable %
prevent the depopulation Il the rural
districts by removals of justices 20
Brooklyn. and had the excuse Of doing
away with an arbitrary distinction W.
do not know 10y what refinement Of Ian
guage this was construed as not being
an Increase uf compensation I'm the
meaning If the constitution. nor If. IN
Ceed. the cOnsiitutiOnaiity Of the chang.
WAS ever passed upon. II may be noted
In passing that the present increase in
the compensation of city justices may
involve au embarrassing question as 10
justices in the 9Th District and i'm the ID
District outside ~ this city whose COM
pensatiOn Is lay law equaliZp with thar
0f Brooklyn judges Thus. if this plan
can Doe put through. the New York
Board OF Estimate levies taxes on the
people II suffolk Westchester and
Dutchess counties.
We do not pretend Ia say that an in
depreciation ~ the constitution cannon
be made under which this scheme can
be carried ont. We do SAY. however. thar
il violates the spirit Of that instrument.
and. II accomplished. will be accom-
plished by a sharp trick Of decention on
The people ~ this state However II may
be defended 10y fine spun legal distinc-
tons IL is morally indefenSible. and our
judges should be the last men by such a
proceedings 10 encourage the prevalent
tendency Of politicians 10 catch M every
technicality 10 drain the public treasurv
for their own benefit. We are glad 10
see that the Brooklyn Judges refused 70
take any part in this transaction. We
hope that the New York Judges. for their
own self-respect and the reputation II
the bench, viii realize the mistake that
has been made and join 10 have il re-
scinded. II. under the constitution. the
Board Of Estimate has power T. in
crease the compensation Of Judges be-
fore January /. IL has power an once
10 decrease the compensation and so
restore salaries 10 the old figure