cially to the judge from the city of Baltimore.
Living was more expensive in that city, and a
judge should have pay enough to live like a gen-
tleman wherever he may be obliged to reside,
And he had another reason; a sufficient salary
given directly from the Treasury would remove
all temptation to obtain an increase of pay by
indirect, and, lie must say, reprehensible means.
Under the existing system, the salaries of the
judges of the city of Baltimore had been fixed
at the same rate as the salaries of the judges
from the country districts, which all conceded
was much too low, and we found that there had
been a continued struggle to increase those salaries
by indirect means. He held in his hands
a paper which showed the amounts paid the
judges of Baltimore County Court, under the
improper system of legislation to which he had
referred, it was the report of the clerk of Bal-
timore County Court, made under the order of
this body. From this statement it appears that
the judges of that court are receiving about
$7,000 per annum above the salary proper fixed
by law. And this sum is made up by taxes on
the business in that court and commission on the
funds passing through it. He asked the atten-
tion of the Convention to the report:
A STATEMENT
Of the amounts paid by the Judges of Baltimore
County Court, on account of taxes and per centage
under act of 1828, ch. 161, and the several
supplements thereto, for the years 1847, 1848 and 1849:
Amount paid on account of taxes
on suits at law ......
On bills in equity ......
On bills in appeal and certioraries .
On judgments .......
Per centage on equity proceedings .
On insolvent estates . .. ..
On taxes on insolvent discharges . |
1847.
$1,426 42
315 40
405 65
152 23
106 89
2,262 37
1,573 11
613 92
6,855 99 |
1848.
$1,861 04
361 00
349 60
106 41
103 08
3,232 18*
745 47
389 26
7,148 04 |
1849.
$1,872 44
435 10
383 80
141 32
124 45
2,476 92
718 74
677 44
6,830 21 |
* The amount of this item is increased this
year beyond its fair average rate by reason of the
payment in a single case (case of Mexican
claims) of the extraordinary amount of $1,180 94.
Of this amount the sum of $136 02 should
be more properly reckoned among the proceeds |
Now, a system like this was the worst that
could he conceived, because the judge's salary
was dependent on the the discharge of his judi-
cial functions. The most mischievous system on
the face of the earth for the payment of judicial
labor was that by which the pay of the judge de-
pended on granting the requests of suitors. This
system had been growing up by piecemeal ever
since 1828. And why had it been growing up?
Because the judges had not been allowed, directly
from the treasury, a resonable compensation for
their services. Hence this reprehensible system
of legislation. He did not intend to cast odium
upon those judges. He bad never heard their
conduct complained of. But the system was
wrong, and ought to be discountenanced; and he
now went for liberal salaries to prevent all tempt-
ation to seeking an increase of compensation by
indirect means. He was opposed to all perqui-
sites. He wanted the judges to receive a com-
pensation which was fixed by law—a compensa-
tion sufficient for their services, and which should
not be diminished while the judge was in office.
And he would go further and say it should not
be increased while he held his commission. The
judge should stand perfectly independent, and her
should know that when he went into office his
salary was fixed, and not to be increased or diminished
whilst he was there.
Mr. BROWN remarked, that it appeared to him
that the argument of the gentleman from Somer-
set, (Mr. Crisfield,) could not apply in this case
to the judges of the court of appeals. It might,
possibly, apply to the judges of the county courts.
MR. CRISFIELD explained, that he was only
going to show that an attempt might be made, to
obtain by indirect means that winch ought to be
allowed the judges by law—that was, a suffi-
cient and adequate compensation for their ser-
vices. The judges of the court of appeals could
not get extra compensation, indirectly, as did
some of the judges of other courts.
Mr. BROWN remarked that that was rather a
bad report to make—that some of the judges
would adopt some means, without constitutional
authority, to put money in their pockets. Now
it was true that the judges of Baltimore city re-
ceived large fees, but then they were on the
bench all the time, and they came here, also, to
sit in judgment on appeals sent in from the lower
courts. And lie, (Mr. B.,) could not see how
they could make a list of extras. He held that
the gentleman's argument was good as to the
county judges; and he, (Mr. Brown,) should
like to have an amendment put in, when the
subject came up again, to turn those Judges off
the bench. He. thought $2,500 was a good salary
to allow the judges of the court of appeals, and
he would not reduce it.
Mr. BUCHANAN hoped the gentleman from
Somerset (Mr. Crisfield) would not suppose that
of this item for the year 1848. So much of it
having accrued in that year, but not paid over
by the clerk of the commissioners of insolvent
debtors until in the year 1849,
(Signed) A. W. BRADFORD,
Clerk Baltimore County Court. |
