The Birmingham age-herald., 1911-12-17
MAKE MORE MONEY
 IN PRIVATE LIFE Why Justice Powell Will Re tire From Bench COMPLAINT GENERAL Many Teachers Are Finding They Can Make Much Better In-
 comes in Other Lines of
 Endeavor
COMPLAINT GENERAL

Atlanta, December 16.-(Special.)-"1 was just question of money with me. The salary of a judge of the court of appeals is S4O0O a year. I can make more than that at the practice of law. So decided to quit before I became too old to get a new start"
 This was the reason given recently by Justice Arthur Powell when asked why he intended soon to quit the bench and to resume the practice of law.
 The significance of his remarks lies In the fact that he is not the first public servant to make similar observation on the cost of serving the public.
 There have been any number of pub lie officials who have pursued the same course. In one or two eases they were, just like Judge Powell, judges of high repute in Georgia. They found that they could make far more money while plead ing cases than when deciding them, and so decided that In justice to their fam flies, it was far better to give up the honor of being on the bench and to re- turn to the more remunerative pleading of cases.
 It is only now and then that the com plaint is made from the bar As a usual thing it somes from the teachers of the state, but in every instance, no matter where the source, it is always the same in the substance. The paymaster is the state, and insufficient returns is the reason for the change from official posi- ton to that of individual chance seeker.
 If the reported resignation of Judge Russell materializes the court of ap- peals will be stripped of it's members, and Judge Ben Hill will be the only mem- Der left. It will give Governor Brown a chance to dispose of considerably more patronage than Senator Hoke Smith thought he had left for any one to get rid of
 It was reported in Atlanta, when the rumor of the coming resignation of Judge Powell became current, that the reslg- nation would take effect at once and that former Attorney General John c. Hart would be named to succeed him. It may be that the judge will still be named. He would be a most acceptable justice 10 the majority of the bar of the state. Ever since he resigned his position as attorney general to run for the govern orship, when Hoke Smith and Joe Brown were in the race, he has been out of pol itics, but he has many strong friends who are urging him for the place.
 Justices Powell and Russell are among the best known lawyers in the state Jus tice Powell has been a member of the court of appeals since it was established in 1906. He was elected at that time for a period of four years, served out his term and at the last election was reelected for a period of six years. So his successor will have considerably over four years to serve.
 Judge Russell was also one of the orig inals judges to be named by the people nf o1u Uyag h. lished, and has a much longer time to serve.
 Russell has been under fire some time, however, and 1t is believed would have quit some time ago had it not been for the many calls made upon him to do so. and the fact that it would have appeared that he was retreating under fire.
 All during the gubernatorial race he was entreated by his friends and dared by his enemies to resign. It was the one thing to do to strengthen his position, but he utterly refused to yield, and this was ono of the things that counted heavily against him in the minds of the voters of the state.
 Recently he was called upon to re- sign by the Rev Len G. Broughton, pas- tor of the Baptist tabernacle, who in a sermon stated that the man who had laughed at mocked and said the prohi law could not be enforced was not fit to stay on the bench to decide upon cases in, which this law was involved.
 Russell, it is believed, will quit as soon as he can do so with grace.
 There is still another question to be con- sidered, however, in the consideration of the court of appeals matter. There have been several propositions recently to abol- ish the court as one unnecessary, and one rendering decisions which are often at odds with those of the supreme court. II is probable at least that the legisla- ture will be asked at it's next session to take up a resolution calling for it's abol- ishment,