| Show JUDICIAL SALARIES AND TENURES OF OFFICE Tho constitution of the United States provides pro-vides that the federal judiciary shall be appointed for le Conj ss has wisely supplemented this provision by retiring and pensioning the judges of the supreme circuit and district courts after they arrive I ar-rive at about the ne of seventy years Not more than two or three of the states I have followed the exampla of the constitution constitu-tion in making the judicial tenure of office extend to life or during good behavior Among these two or three exceptional states is Massachusetts whoso bench has deservedly occupied a high position among the courts of the English speaking world Nearly all of the states have seen fit to provide pro-vide for the election of judges by the people peo-ple for terms of varying lengths In New York the term of office of the judges of the higher courts is fifteen years in nearly all of the other states it is for a much shorter period Tho reason for departing from the example of the federal constitution is by no means clear cear At the time of tho adoption of the constitution con-stitution the wisdom of the provision referred re-ferred to was brought into question but ably defended by the chief founders of the government ALEXAXDEII HAMILTON wrote to the Federalist Fed-eralist as follows According the plan of the convention all judges who may be appointed by cthe United States are t hold their offices during dur-ing good behavior which is conformable to the most approved of tan state constitutions constitu-tions and among the rest to that of this state The standard of good behavior be-havior for the continuance in office of tho judicial magistracy is certainly one of the most valuable of the modern improvements in the practice of government In a monarchy mon-archy it is an excellent Carrier t the despotism des-potism of the prince in n republic it is a no less excellent barrier to tho encroachments encroach-ments and repressions of the representative body and it is the best expedient which can be devised in any government to receive a steady upright and impartial administration administra-tion of the laws The inflexible and uni form adherence to the rights of the constitution consti-tution and of individuals which we per civil to be indispensable In the courts of justice can certainly not be expected from judges who hold their offices by a temporary tempor-ary commission Periodical appointments however regulated or by whomsoever made would in some way or other be fatal to their necessary independence I the power of making them was committed either to tho executive or legislature there would be danger of an improper complaisance to the Dranch which possessed it for both there would bo an unwillingness to hazard the displeasure of either if to the people or to persons chosen by them for the special purpose there would be too great a disposition dispo-sition to consult popularity to justify a reliance that nothing would be consulted but the constitution and laws Experience susgests that if a judge be appointed for life with a permanent income i I come ho will be free from anxious fears concerning the future support of himself and family will not be haunted by fears of a reelection and will not therefore be swayed by avarice or political con iderations in the performance of his im portent duties portnt tes In the matter of salaries the federal government is not so consistent I pays ho supreme court judges 10COO a year and its circuit and district court judges approximately onehalf of this amount The figure first named seems like a hand some salary and yet there is not a man in he supreme court who would not perhaps earn several times that amount as I practitioner itioner while the salary of the judges of the lower courts referred to is manifestly inadequate The judges of the higher courts of the state of New York receive an annual salary of 17500 an amount quite generally conceded to be reasonable in view of the character and learning of the I men required to perform important and I onerous duties The tenure of office and the salaries of our judiciary when at some uncertain day I in the future it becomes the privilege of I the citizens of the territory to form I constitution con-stitution and to make laws thereunder I will demand the careful consideration of I convention and legislature THE HEUALU hopes that thcsa matters will not bo decided de-cided in any narrow or niggardly spirit but that due weight i to the experience of other commonwealths will be given |
