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Salaries Of Judges

Salaries Of Judges image
Parent Issue
Day
24
Month
January
Year
1873
Copyright
Public Domain
OCR Text

Almo3t thg Hrsl aoi of the Leg" .atura is onn ot Himple ja.stioe tu Uia ablu Jivlgs who oomp ] ÖupreiueCowtpi Mi b igtu. Binoo thu orgm;s ition of thiit co-irt tli iy havo received ;i salary crt (JijM per annum, not enouh to puythe ciirveüt fituiity expenses of tuim: of the Ju Iges. Xto 8on ile, with cowmendible promj.tuess liy u vota uf 20 to 5 passed a bilí ïuiUi:..'; thuir salaries 5,OO9. Thisin tho 1L m.sj w.ts cut down to $4,000, and on butng sent baok to the Boaato thut body conourréd. This iuorensq of $l,50U givea the Jiidifi-s a tutter romuneratiun than Uieyhave hithorto enjoyeil, and takea nwy somo of the bittor sfing wliicli many ot tho citizi'iis of Michigan lu.vvo endurad in the humiliation heaped upon tli,. State itsclf bj tiic salarios piúd to itt jad'ciul servante. Whilo vo commonil this action of tUo I.-?gislatm-o wo regret that the salaries wei-o not ftsed at 15,000, which would have boen no moro tlian the Judges of tint court aro justly outitlod to, while it would havo shown an intontion on tho pirt of the peoplo of Miohigan to atono for tho nigjííirdly polioy of tho past. - This actionshows that tho young blood ot' Michigan will uot follow tho traditions of the fathers in putting the best lirains in tho service of the Stato upon ii level with the wagl paid to day laborors. Wkt will the Legislatura do in relatiou ti tho salary of the Circuit Juciges P Tho Constitutional amendment to incroase theiv h-ularies to $2,500 was defeated by a little ovar 1,600 luajority, on a very light Tote, compared witli the total vote cast for President last November. - This defeat was undoubtodly duo to the bittor penonal poli tioal contest of 1872. Tbe uttentioTi of tho people was turnod almost wholly to tb.o election of national and State oiHcers, and therefore littlo time was dvuited to the discussion of the Constitutional amendments proposed. Bat the damage of thisdefoat is tvlready feit thiooghout tho State. Judges Higby, Upson,.and Mitohell have iust resigned, whilo a few months since Judge Bhickman resignpil on account of insuflicient salary, and it is rumored that tho resignation of Jmlge Moore and othera may soou bo espected. If tho argument bo used that some Judges do not resign, tho answor must be it is from tbe fact tb at they havo grown gray upon the bencb, and are too oíd to resume the practico of law with success, and must content themselvos with half a loat oí" no bread. If no other remedy be found, the aniendment should again be subniitted to a vote of thu people. Could tliis be done at tho couiiug spring cloction it would take effect at the comiuencemout of 1874 ; but articlo 20 of thü Constitution provides that amendnients to the Sonstitn-tion shall be sabmitted at a general eleebion,and webulieve thero-is littlo differenee of opinión that a general electíouásthe bienuial eloction for State officorsi Such as amendiuent can now only be lomitted Xovember, 1874, and oannot 1keeftect until 1875. ís there then no ï-remedy at the command of the Legislaturo? Article 9 of the Constitution, . in relation to the salaries of Judges and State offioors, concludes as folio ws : "ïhoy hall reoeive no fees or perquisites whatever for the performance of any duties counected with their offices. It shall not bc competent for the Lcpislature to inoreaaa salaries heroin provided." - IJndfenWlis article the truveling expenses ofthe Governor and other State olficurs liavo been paid whilo engaged in the bervico of the btate, such payment not being regardcd as eithcr fees or perquisites of' office. Vke Ijegislatnre gave the AttorneyO-eneral a oerk at a salary of $1,200 per yoar, with distiuet understanding that he was to draw such sulary and pay such portion of it as he saw fit to the clerk employed. If it be competent to pay the traveling expenses of State ofh'cers, or to allow such officers clerks for the purpose of indirectly increasing thoir salaries, it certainlyis luwfuLito pay the travelÍDg expenses of Circuit Judges while engaged in the performance of their official duties. The expenses of oje of these Judges we know to be $000 por annnuj, lie holding 22 teños of court in 11 different counties ; and what is true as to bis expenses is relatively truc of othor Ju'lgcs. We believo under this article that it is competent ndconstitutional fpi the Lpgislature to the Board of Auditors tf py the tnweling expenses of Circuit Judges ■whil'e engaged in the performance of tbí'ir duties.. And if it be competent to aí)ovthc Attorney-Gencral a clerk at a largo salary„why is it not competent to a-llow elerlís to me Circuit Judges, giving them the power to draw their salaries?' If this be found impossible, the Congtitution, in Artiele 6, Section 23, provides for courfs as follows : "The Legislature niay esturilifh Courtsof Conciliation ■with such powera and dutres as shall be prescribed by law."' Undeü this section tbe Legislatura has power to créate such eourts, and prescribe the salaries to be paid to Judges thereof. Such eourts inight be established by tho Legislature, the Judges to be appointed by the Governor, without directing the appointment jf Circuit Judges, leaving the Governor o malte Circuit Judges the Judges of &uch oonrts. Theso eourts would save Hiuch litigation to the people of the State, and with a salary of $1,500 as Judges of the Courts of Conciliation Girsuit Judges could 'well waive the question of tíie payinent of their oxpenB6S as Circuit Jorges or the employmont sf rlerks. This is the muníy and Constitutional ■way to meet this exigecy. While the Judgos of the Circuit Cbnrts are ineligiTslo,. under Soction 9, Article 6 of the Constitulioii, to any otJior tUan a judicial ofLcp.,the are eligible for this office. - The otily otlier ]i:;iitation is Section 2. of Article 3, which declares thut "uo person bclrnging to one department t-huK exerciso the powcrs propurly bclonging toanother, except in the cases expressly provided in this Constitution." Here the word department refers to the several departmeats of Government, Legislative, Execuriv, aou Judicial. The way seeins ta be olear for the Leg islature to próvido for the proper support of the Circuit. Judges bj giving them another iudieUl office. The olïi4e itself would decrease litigaticn, saving millions of dollars annually. Tho labor of these Tudgee is quite as arduous as thatr of the Judges of the Supreme Cuurt, and thore oan fce no reason why their claim should not be coasidered as carefully and dealt by na fiürly as that court. The time ruay eome in the future whon Üui puople of Michigan will be ready to adopt u Constitutiou not ooiuposed aljnosö aaiirely of liiuitations. In the mean timi w.here it can doiie constitutionally it is bhe du-ty oL th Legislature to próvido for tho propor support of a bench which has acquird a jtxst repntation for judicial wisdom and íty.-

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Old News
Michigan Argus