The New York herald., 1922-02-12

Court and of the judges of the Court of
Appeals. These salaries, therefore, can
not be increased without a popular vote
In favor of the increase. The salary OF
members of the Legislature is also fixed
by the State constitution. Attempts to
increase the salaries of members OF the
Legislature and judges by an amend
ment to the State constitution have often
failed. The attempt TO raise the salary
OF members of the Legislature was badly
beaten at the election last autumn.
Their proposed amendment to the con-
sttution does not affect the salary of
members of the Legislature which is
now 81. 500 year but 1t proposes ind-
rectly to increase the salaries of justices
OF the Supreme Court. which in New
York city are $1750O a year, and also
the salaries of the judges of the Court
OF Appeals This is done by taking the
salaries out of the constitution where an
increase is dependent on the popular
vote and providing that the Legislature
may fix the salaries, relying on the
Legislature without the popular vote to
make the increase.
That the judiciary convention, COM
posed entirely OF judges and lawyers, is
in favor of the increase is made clear
by the statement that 1.-The convention,
however, was convinced that the present
compensation Of the judges of the Court
of Appeals and the justices of the Su-
preme Court was inadequate
Few lawyers have any independent
means, and particularly those whose
labor and talents have earned them high
distinction at the bar. Several excel
lent justices of the Supreme Court have
been obliged to resign because OF the in
sufficiency of the present compensation"
The present compensation of $17,500 a
year of Supreme Court justices in New
York city is more than twice the salary
of the United States district judges in
New York, (which Is the same as the sdl-
airy of United States Senator. 1t is
also more than the salary of the Gov
ernor or of a Cabinet member or of the
Vice-President.
The present State Constitution pro-
vides that judges shall retire at the
age of 20. The proposed judiciary ar
ticle does not change this provision
for retirement, but adds the provision
that such judges may be appointed
official referees and thus be continued
iE Judicial office.
Many Changes for City.
The new judicial article and report
would take more than a page of news
paper to print in full. Some of the
changes especially aI1ect New 1Orh
city.
The City Court of New York and the
county courts of Kings, Queens. Rich
mond and The Bronx are to be con-
solidated in. one City Court which can
try cases where the amount involved
is not more than $1,000.
There are to be courts of General
Sessions and Of Special Sessions to try
criminal cases. The present county
courts are to have no criminal cases
and the bulk of the criminal business
now tried in the Supreme Court is to
be transferred to General Sessions.
The power of the Governor to call
an extraordinary term of the Supreme
Court and to designate the justice to
hold it is restricted by providing that
although the Governor may call the
extraordinary term the justices OF the
Appellate Division will select the justice
to hold it, and that power is taken
away from the Governor
Provision is made that the former
judges who are appointed official ref
erees may handle "the numerous pros
ecutions arising under the laws enforc-
ing the Eighteenth Amendment" This
would permit the Appellate Division to
assign these former judges to hold spc-
cial terms of court to try liquor cases.