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Brevier Legislative Reports, Volume XI, 1869, 431 pp.
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SUPPLEMENTARY
TO
THE BREVIER LEGISLATIVE REPORTS.
VOLUME ELEVENTH

Compensation of the Judges----Debate in Continuation.

IN SENATE.

WEDNESDAY, April 15, 1869.

[IN CONTINUATION--p. 50.]


AFTERNOON SESSION.

Mr. Scott's bill, [S. 45] relating to the salaries of the Supreme, Circuit, Civil and Criminal Courts and Common Pleas Judges and declaring an emergency, being under consideration-

Mr. BRADLEY moved to amend by increasing the salary of Supreme Judges to three thousand nine hundred and fifty dollars. Circuit Judges to two thousand nine hundred and seventy-five dollars; Common Pleas Judged to two thousand four hundred dollars, and Circuit Prosecutors to nine hundred dollars, and Common Pleas Prosecutors to five hundred dollars.

Mr, GREEN argued in favor of increasing the salaries of the Supreme Judges. If the present judges were paid in proportion to the salary received in the time of Judge Blackford, they should get about $6,000 or $7,000 per annum.

By the act of January 28, 1818 the salary of the Judges of the Supreme Court was fixed at seven hundred dollars. (R. S. 1824 p. 367.) Nineteen years later, January 21, 1837, the salary was increased to fifteen hundred dollars, (R. S. 1838 p. 302.) December 14, 1843, the Legislature passed an act reducing the salary to thirteen hundred dollars, (acts 1844 p. 13) but this, under the Constitution, did not affect the salary of the judges then in office, for the term for which they were appointed.

On the 18th of June 1852, the salary was farther reduced to twelve hundred dollars. (R. 8. 1852 p. 433.)By the act of March 5, 1859, the salary was increased to two thousand dollars. ( 1 G. and H. p. 539.)

The salary was again advanced to three thousand dollars in March 1865, (acts 1865 p. 129.)

1. Blackford, of 433 pages, contains the decisions of the Court from the May term 1817 to the May term 1826 both inclusive,-a period of nine and a half years.

The second, third and two hundred and seventy eigth pages of fourth Blackford contain the judgments of the Court from the November term 1826 to the November term 1836 both inclusive, a period of eleven years. Seventy-two pages contain a report of the omitted cases, from the organization of the court up to and including the November term 1836.

For the period of four years covered by the present salary there has been published and now in press seven volumes of reports, nearly two volumes a year.

The cases submitted at the May and November term 1868 will make more than two volumes of reports.

The labor of the Judges of that court is now more than ten-fold that of the period for which they received a salary of seven hundred dollars.

Seven thousand dollars a year now would not equal seven hundred for the period of twenty and a half years from the organization of the court, regarding alone the labor performed, but considering the increase in values it would require a much larger sum to equal that awarded to the Jndges by the founders of the state.

These Supreme Judges sit in their rooms all the time; and it becomes tiresome. But they are compelled to work. A Circuit Judge can get off the bench and leave the court. He can get some one to act for him. I hope this Legislature will increase the salaries of the Supreme Judges if not of the others. It is & thing demanded by every sense of justice.

Mr. ARMSTONG moved to strike from $3,950 the figure "9," and insert "0."

Mr. HANNA. Mr. President: I opposed this bill last session because, as I stated then, certain County officers received larger salaries page: 303[View Page 303] the Judges of the Supreme Court. Some of the County officers step around and enjoy themselves while making from eight to ten thousand dollars a year. I was Circuit Judge a while and got one thousand dollars a year, but I resigned (it is a luxury to me to resign occasionally) to accept the office of Supreme Judge at one thousand two hundred dollars; for the two hundred dollars if nothing else. Although I had to do a good deal more work I had rather be a Circuit than a Supreme Judge at anything like the same salary. It may be possible, as to the number of hours, that a Supreme Judge has more work than a Circuit Judge; but there is a certain process herein a man dries himself up mentally when f works steadily day after day and hour after hour. I take it that the salary of the Supreme Judge ought to be more than the salary of a Circuit Judge. No man ought to be a judge unless in the vigor of his manhood and intellect Nor ought he to receive so small a salary that at the end of nine years, he would come off as I did, not worth a dollar more than when he went on. Do you require that kind of sacrifice of public servants? It is not right nor proper. You ought to pay your Judge a sum sufficient to raise him above want and the daily cares of life. We do not economise in the right direction. I believe that fact is exemplified when we vote ourselves fifty dollars worth of stationery, when we don't use five. I do not pretend to countenance any such nonsense, and yet I take it vigorously. I take it and carry it off in open day light: I did not take it after dark. When the public give it to me I take it and I think I earn it. We have raised our own salary two dollars a day by the indirection of voting postage stamps to each member, and yet we stand here hesitating whether we will vote an increase of salaries to the Judges of your Courts. When a man goes on the bench he should withdraw himself from the people; and if a man sees proper to devote his time to the public, we ought to permit our Judges to lay up something for a sick hour. I am opposed to making fish of one class of public servants and flesh of another. I agree in the opinion that our whole Judicial system should be reformed; but I did not desire to take upon myself the amount of labor necessary for the preparation of the proper bills to effect that object. True I have as great an interest in it as any body, but the burden of the Government does not rest upon my shoulders, nor the shoulders of the party with which I act. It is too late in the session now to undertake such at hing a thing , but that does not prevent our doing simple justice to officers. I managed to live, breathe and have a being on one thousand dollars a year, as Circuit Judge: twelve hundred dollars a year for three years, as Supreme Judge, and two thousand dollars a year for the balance of the time. During all that time I paid some sixteen hundred dollars a year, as my good wife says, for family expenses. I have but one way of keeping accounts, and that is: when I get money I put it in my pocket, and when it is all gone, that is the cash account balanced.

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