Evening star., 1946-03-10
BY CaSpar Names

~ EVERAL months ago q prominent
Kansas lawyer was called to At
~ torney General Tom c. Clark's
Office and asked to accept a
position as United States District Court
judge.
The lawyer, good friend of the
Attorney General, slowly shook his head.
Tom" he said, I'D like to do it. It's
a great honor. But I can't. The posi-
ton pays $4,000 a year. Subject to
income tax, and using 1914 as a base
rate, the net salary would amount to
$1,000. A state income tax would further
reduce that amount.
Well" the lawyer continued, my
practice last year netted me $4,000 after
all taxes had been deducted. For the
past six years I have averaged a net
income per year of s25,000 to $4,000.
To take the job you offer means must
give up my practice, certain amount
of social life and the standard of living
my family has become accustomed to-
I'd like to do it, Tom, but I simply
cannot"
In the months preceding. judges had
left the United States Circuit Court of
Appeals to take positions in private
concerns or to go into private practice
Among these were Thurman Arnold and
Justin Miller, two of the Nations out
standing jurists.
Salary Differences
Argue for Change
Judge Miller, who earned $12, 500 a year
in Circuit Court, provided an example of
the financial pressure Federal Judges
are under to leave the bench and enter
the employ of industry. Where his
salary in 1914 netted $9,135 after income
taxes, his present position pays s50,00O
and $25,000 for expenses, annually.
First rate judicial systems have first
rate judges on the bench, and unless
salaries for those positions are made
more attractive, persons in a position
to know wonder whether top-notch men
can be brought to or kept on the Federal
bench.
Attorney General Clark has pointed
out the Government is fighting the
irresistible pressure of personal eco
nomics which is forcing lawyers to turn
down Federal judgeships" The Kansas
lawyer who turned down the Federal
bench was the fifth to refuse high
judicial positions that Mr.. Clark has
offered since he took Office last summer.
1t is even more difficult to keep United
States Attorneys in their positions. Top
salaries for these men is $4,000 a year,
received only by attorneys in New York,
Chicago and the District of Columbia.
Mr.. Clark noted in appearing before
the Senate Committee on Civil Service
(Which is studying the question of rails
ing the salary of Federal judges and
attorneys the numerous requests to
resign.
Charles Carr in Los Angeles was
cited by the Attorney General as one
of those wishing to leave Government
services to enter private practice.
Chairman Downey of the Senate Com
mittee questioned whether Mr.. Carr had
the ability to make more money in the
latter field.
mo question about it," was Mr.. Clark's
quick reply.
At the same hearing Senator Hicken-
looper, Republican, of Iowa developed
the fact that many young men and some
older ones became United States At
torneys so they could use the prestige of
the office later in private practice.
Admitting the truth of this observa-
ton, Mr.. Clark nevertheless claimed
IF salaries were more commensurate
with the job, those people would change
from few who are trying to gain ex-
perience and specialized knowledge, to
many who would make it a career job"
The Attorney General added that in
normal times young men entered the
office, stayed for couple of years and
when they were of the most value to the
Government stepped into private prac-
tice. He asserted adequate salaries
would keep these men in Federal work.
1t is paradoxical and not easy to ex-
plain that similar positions in some
States pay higher salaries than the
Government. New York pays its chief
Judge OF the Court of Appeals s22,5O0
yearly plus $4,000 for expenses, and as
sociate judges $4,000 plus $4,000 for