< Page:The Green Bag (1889–1914), Volume 22.pdf
This page needs to be proofread.

‘El-11!!

The Editor’s Bag WWQ

eggs 4.’:

llll 4‘! 1»

_ ‘I 1..

the chief support of a well governed THE SALARIES OFQJUDGES state.

T is safe to say that the preponder

The theory upon which the govern

legal

ment of the United States seems to

profession, is in favor of more adequate

have proceeded seems to have been that as able men will be found who are glad to accept judicial oflice for the honor, the country can obtain good judges without paying them the full value of

ance of sentiment,

in

the

salaries to the judiciary than are now

paid.

The

Moon

bill,

now

before

Congress, really is not much more than an expression of the respect of the bar for the bench, and of the desire of the bar that the state shall ofier fitting

recognition of the dignity of the bench. The layman, because he is not familiar with the traditions of courts of law,

and because he is not in a position to comprehend the lofty ideals of the common

law,

can

acquire

no

such

veneration for the bench, in the ordinary course of things, as the lawyer, whose education and experience have taught him the full significance of the powers and responsibilities of the judiciary. It is doubtless for this reason that lawyers are more active than any other class of men in upholding the tradition of a

their services. Such a theory, how— ever, contains its own refutation. This

country does not want a judiciary of visionary altruists willing to sacrifice

the welfare of their families and de scendants to the gratification of their own aspirations, but a judiciary of thoroughly prudent, practical men who are keenly alive to those duties of well directed endeavor and intelligent fore sight which devolve upon every man of ability in an intensely competitive age. Something is wrong, when only fairly successful practice at the bar commands an income twice or even

four times as great as that of the judges

lofty, disinterested administration of justice, that they do more than any other class for the selection of worthy can didates for judicial office, and that they

of our highest courts. While that policy lasts, the country is surely on the road to strengthening its bar at the expense

are foremost in advocating the proper

evils of a top-heavy system of ad ministering justice, in which the astute ness of counsel constantly triumphs over the sagacity of judges. Already, in fact, it is generally commented upon that the bench is a much less powerful factor in bringing about the swift and certain administration of justice in this country than in England.

compensation of judicial officers. Any agitation such as that of which the Moon bill is the outcome serves two purposes— it not alone improves the position of the judiciary if successful, but it also reacts favorably upon the community, teach

ing it to feel deeper respect for that judicial establishment which is

of its judiciary, and is in danger of the

This article is issued from Wikisource. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.