The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1918-12-16
WASHINGTON NEWS =.
~ GOSSIP { y 25zszES sz22Es ss1575:

| WASHINGTON, D. c.. Dec. 1911
! the Senate ccncurs in the bill II. R.
1901. amending laws relating to the
Federal Judiciary. which it is most
likely it viii, Judges, A. G.. Dayton and
B. F. Kellar, OF West Virginia, will
ihenceforth receive an annual salary OF
s., 800. payable in monthly instalments,
instead OF $4,000 per annun1. as now
! The three members from West Vir-t
! GINA present when the final vote on
! the passage OF the bill was taken
Representatives Bowers. Cooper and
Neely-voted for.
When this bill finally becomes law,
! the judges Of the circuit court OF ap-
lpeals will receive $500 salary. They
now get $1,000. Also it provides that
. Judges retiring at tho age Of 20, alter
serving at least 10 years, they shall
receive in retirement the same salary
that was being paid to thua at the time
Of their resignation The bill makes
| a difference between resignation and
| ter he IS subject to recall to duty to
perform such duties as he may be able
and willing to undertake.
| The important paragraph of this sec
ton, however. is the following:
''In the event any circuit judge or
district judge, having so held COM
| mission or commissions, at least 10
| years continuously, and HAVING at
tanned the age Of 20 years as aforesaid,
| the President, If he finds that any
such judge IS unable to dis harge eff
fciently al the duties Of his Office by
reason Of mental or physical disability
Of permanent character may, when
necessary for the e6icinent dispatch OF
business, appoint, by ad with the adj
vice and consent Of the senate, an ad-
ditional Circuit judge OF the circuit
or district Judge OF the districts to
which such disabled judge belongs.
And the judge so entitled to resign or
retire shall be held and treated as il
junior in commission to the remaining
Judge Of said court, who shall, in the
order Of the seniority Of their respec-
tive commissions, exercise such pow
ers and perform such duties as by law
/ may be incident to seniority in dis
trfcts where there may be more than
one district judge, il the judges or a
ma jority OF them cannot agree upon
the appointment Of the officials OF the
court, then the senior Judge shall have
the power to make such appointments.
Upon the death or resignation Of any
circuit or district judge entitled to re-
sig. following the appointment OF any
additional Judge as herein provided.
the vacancy caused by such death or
resigation Of the said Judge so entitled
10 resign shall not eb filed, but the
number OF Judges then in Office shall
be- reduced accordin6ly"
This particular section OF the law,
West VirginianS here say, might en-
able Judge 3. F. Kellar to retire under
favorable conditions, or at least, be re-
lHeved OF Part OF his duties by the ap-
Ipointment Of an associate judge. Judge
IKeIlar has been In III health for some
time, and his. deafness has been a
Isreat inconvenience to hin in his work
In open court More than once he was
on the point. Of resigning. but deferred
! It at the urgent request OF the MEM
bers OF the bar and OF litiga1tS In his
court and civilians generally. Finan-
ciaI1y. Judge Kellar is dependent upon
his salary, and the public in his dis
Itrict know that in that respect he made
la great socridce when he sought and
accepted the judicial appointment, A
la judge, citizen. IN every and al re-
soects, he stands ct the highest pin
Inacle In tie esteem Of the public he
serves. They win be glad Il this bill
becomes law and Affords him the OPP
Iportunity to avail himself Of It's pro-
visions to tighten the burden OF his
judicial duties at Whatever time he
may elect to DO So
SSs,,- a : :. ~ JsfsI l,oSfter M.