Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-05-04
TRACY BANGS MAKES AN ELOQUENT Plea
Continued from page 2.)

Continued from 2)
matter of judicial disco and you can see how it is that it would be
impossible for the Judge had within
judge might nigh, rapid you
couldn't tell which would be the best the end but the slow Judge
would his salary whether
call attention to the OF Goutg City New
York. cited from the IL New York Supplement. 34 1t Ihe
plaintiff duly appointed justice the fourth district municipal
borough Brooklyn city January pursuant
1852 the Greater New York charter The Office existed that
day. and the plaintiff after taking the official performed
judicial functions the law permitted him perform that
became entitled the salary fixed by law incident of the office
The defendant contends that because the justices and the
office of justice of the the borough Brooklyn abolished
midnight of January municipal
enlarged plan the
holding
February 1898 machinery was go
full and the salary Office did
that day. Such result could follow the mistaken notion
fixed salary belonging to judicial office must be earned BY the incumbent
before recoverable by him. Such salary measured by the duties
the official actually performs called perform
able without regard the bo imposed the perform
As the court said Fitzsmmon City of Brooklyn,
We have often held that there contract between officer and
municipality by of which payable belongs
him incident of his Office and long he holds it, and, when i'm
properly withheld he for and When he does
he entitled its full by force Of
rSection 1874 of the charter provides justices
shall e board Of justices January
with elect PRESIDENT establish rules
whatever duties were connected with the organization of the board de-
veoped the plaintiff and his during their office
formed by them assembled There
heavy absence wora
feature that perhaps have attracted to official life *'
Again call Beach Michigan
cited from the lo5 n w. involving
additional salaries that attempted be paid the district
the question that before Ic Legislature
vide tor the election OF than circuit Judge the judicial circuit
which Of Saginaw be situated And the Judge
Judges of said addition the this
stuton shall from their counties additional
from time be fixed and determined by the boards super
vo of said counties The meaning of the words additional salary
question prime people,
adopting this amendment that the boards the designated
might usual proceedings
salary the end of the term to be COM
different in
county of Wavnc can the board of Supervisors from time to time consider
of
circuit Judges and provide different salary for each of the six for the
period which has then elapsed additional salary and
the other five: In other wd does the salary attach the
the office: In the case before the board Of has attempted
fix salary for the office of circuit judge but has
Judge for than his share of the work We
Of the constitutional provision question: We think that the
be fixed and determined for the Office and for the particular incumbent
The powers and duties the two circuit judges in Saginaw county
by the and of the
IDENTICAL The of the board Of supervisors limited under the
provision, fixing, time
additional salary office of judge. 1t
Judges usually perform
OF the duties OF his office and provisions tor salaries must be construed
with reference this theory. We think that the
salary Of meaning
Of article g. and contepa fixed annual periodical payment for
services depending the time and the of services
The salaries provided for of article
fixed and determined advance and when hxed each of the
judges in the particular county S equally entitled thereto"
when look constitution find that the people of
provision ga
ture should compensation Judges
according this decision. but according decision that
find the subject compensation must be There
Second
Judicial District and the Judge of the First Judicial District the
Eighth Ninth They district Judges that is officers of
and they be treated alike And here have which
district judge, Unless mind
with rule Of this legislature then salary shall be with
heidi and will leave the auditor determine whether
operated words, will bring the judiciary
that authority makes and then
whether
with rule Where would
branch such
judicial? would the independence of the
withhold
Salaries and then I'VE will political officer the right
whether this rule has been complied with, not? The indie
stroke because
and conduct made depend the of selected
by the legislative branch of this
show how this the minds of different judges will
Benedict United from A
page which the OF the salary paid retired
under The THE
salary IA The