Albuquerque morning journal., 1910-12-08


by those who aeok 10 pick flaws In the
constitution because Of the alleged
fact that the new state is 10 be bank
ruptod TO pay the "exorbitant' sal
aries OF the Judges Of the supreme and
district courts.
By the provisions Of tho constltu-
lion. the justices Of the supreme court
are TO receive $4,000 each year and
the district Judges $4,000 each.
The criminal folly Of reducing the
standard Of ability and integrity Of
the Judiciary by paying small salaries
10 the Judges Is recognized by Presl-
dent TAFT In HIS message 10 this aea-
sion Of congress. In this part OF his
message il Is noteworthy that he rec
ommcnds a salary Of $4,000 each FOR
federal district judges. The com
parlson Of this remuneration with the
salaries fixed for the New Mexico
Judges IL Of considerable interest and
Should give food for protraeted
thought to those who have professed
TO think that the new state proposes
to squander money on its judges.
President TAFT Is pre-emnently al
judge lie has had long experience on
the bench and his temperament IL of
the Judicial nature There is no man
who has higher ideals Of the bench
or who is better qualified to speak
with authority On this branch Of the
government Listen to what his mes
sage says
I further recommend 20 congress the
paesnge Of the bill now pending for the
Increase iii the salaries OF the federal
5ndFpa hy which thr chinl Justice OF
the supreme court shall receive FL
500 and the associate Justices - ~
QUO, the circuit Judges constituting the
circuit court OF appeals shall receive
$4,000. and the district judges $4,000.
These Judges exercise wide Jui1s-
diction and their duties require OF
them profound knowledge of the
law. great ability 81 the dispatch of
business, ana care and deicacy Ia the
exercise OF thoir jurisdiction so ms to
avoid conflict whenever possible be-
tween the federal and the state courts.
The positions they occupy ought 70
be filled by men who have shown the
grentest ability ia their professional
work NJ tho bar and ii Is the poorest
economy possible for the government
70 pay salaries SO low for judicial
service as not "a he able 90 command
the best talent of the legal profession
IA every part of tho country The
cost ~ lying Is such, especially ln
the large cities. that even the salaries
fixed IN the proposed bin win enable
the incumheutB to accumulate little, if
anything, ~ support their families
after their death. Nothing ia So Inn
portHnt Gao the preservation ot our
country and us beloved institutions as
the maintenance uf the independence
of the judiciary and next 90 the life
tenure an adequate salary rs the most
material contribution to the mainten'
ancC OF Independence ON the part OF
our judges.
IL q conceivable that President
Taft oven though Arizona ntify hei
constitution, VIII approve OF "a funda'
mcntal law for a now stnte that no
only provides salary of only $4,000
for the supreme court judges but boy
the use of thc recall places them "a
the mercy of popular passions
We dc not believe that tho peonl'
Of Arizona viii raufy a constitution
with such AN odious provision, whicl
win make i Impossible for any self
respecting or able iurist to accept
position on tho state bench The pres
has been almost unanimous in It's un
suntcd condemnation of this provi
son. As sample the san Francisc
Chronicle has the following
Unless the Arizona constitutions
convention, ln tho final draft of th
constitution which 30 is preparing
eliminates the "rccau' OF judge,
which has been Incorporated by u
overwhelming majority the people q
Arizona may make up their minds T
remain "a territory for an mucfinit
period.
a constitution with that proeialo
win never receive thu approval @
President Taft, and uuEht not to rs
ceivc b. And without hls upproV'
Arizona cannot Dec admitted as "a stat
without au Hct ~ congress whic
could not hc pussed over the incNitan
exrcuuve veto
For "a iudEe 90 bc subject Co reoa
is % subject The administration OF iu
lice 90 thc chances oi passing rnpuf
passion.
Tho proposal is absolutely hhockln
The United States is the only matte
on earth in uhieh iudass urr eiccti
hy the people. aad lt ls aiao thn coul
tfy which hos thr worst and most cos
ig administration uI Justice.
While the ma IuritY 0i our iudE
are men of ability and integrity. ar
Boz thf rural counlcs probably The vel
mon Whn would he appointed lf th
method were iu force. 60 ls che o.
that the cause uf The poor and rich
safest in tho federal courts who
judges are appointed. and Ter ute.
whatever hias' such O. judge m
have acquired af the bar is uulek
dissiraifd in the atmosphere and u
der thf traditions of the federal cour
Tho one fundamental reuuireme
in judge .s the ability to stand nr
100 The face of the most furious sfpl