Page images

The President:

The substitute was adopted, that carries the whole


Everett P. Wheeler, of New York:

Mr. President, in moving the adoption of the recommendation of this committee, I should like to say a word. We certainly have endeavored to bring this matter to the attention of Congress and we have brought it there. We have endeavored in every legitimate way to recommend it. There is one other thing that could be done, and it seems to me it is worth trying. You will remember that from the foundation of the government down to, I think, very nearly, if not quite, the year 1870, the salaries of the District Judges were different in different parts of the country. The salary in New York was recognized from the first as properly being larger. Under the present scale the United States District Judge, who holds a most important position, who is the Judge of a Court of original jurisdiction which has now been extended so that it covers equity as well as the common law, is paid less than our police Justices and our municipal Justices are paid. Why should not an endeavor be made to restore the graded salary? District attorneys in different districts are paid different salaries, and why should not an attempt be made to restore this original scale, I do not mean to say in any particular amount, but adapting the amount of the salary to the business of the district. There are districts in the United States where $6,000 is much more than is paid to Judges in the State Courts, and is an adequate salary where the business of the Court is small. I submit that to the consideration of the Association as a reason why it would be

wise to appoint another committee and let them further consider the matter.

The President:

Without objection the report will be received and filed and the question will be on the motion made by Mr. Wheeler to discharge the committee and appoint another committee.

Edward A. Sumner, of New York:

Mr. President, before that action is taken may I ask the time of the Association for a moment as a fellow-member of Brother Wheeler? The members of this committee have

fought this fight now for a good many years. We all signed this report in good faith, and we believe that the Association, perhaps in the appointment of another committee, can carry this fight to a successful conclusion. That there is a scandal in the underpaid Federal Judges there is no room for discussion before this Association. We all know it and we all believe it and we all deplore it. Since our meeting last year we have had two illustrations of this when the Congress of the United States is compelled to take action to care for the family of the late Chief Justice Fuller, and we are credibly informed Congress will take the same action with respect to the family of Associate Justice Harlan, who recently died. At the meeting of the American Bar Association at Chattanooga two years ago a resolution in aid of the work of your committee here was introduced and referred to a committee. At Boston last year this resolution was unanimously adopted, and President Taft, as a guest of our Association there on that occasion, voluntarily suggested in his address that he would be very glad to send a special message to Congress for a further increase in the pay of Federal Judges. Now, gentle

men, whether you discharge our committee or not, this fight is going on until it is won, and I purpose, whatever your action now is, to introduce a resolution in the line of President Taft's suggestion, which suggestion has been repeated to some members of your committee by him since that time.

Francis Lynde Stetson, of New York:

Mr. President, I rise only to make one correction. It was not the family of Chief Justice Fuller concerning which Congress took action, I am glad to say, as they were left in very comfortable circumstances, but the family of Chief Justice Waite. In reference to the further point of the obstacles which have been encountered, I wish to point out that sometimes the wheels of justice roll over those who have been obstructionists. There is now a District Judge administering justice in the central part of this State who was a member of the committee of Congress in 1896 when I almost got this resolution through, and by his opposition the resolution was defeated, and I trust he enjoys the results of his opposition. (Laughter.) But I do trust that while the committee is continued its personnel will not be changed. The members from whom we have heard have demonstrated to us their superior fitness for continuance, and I trust that if the resolution is adopted the same committee will be continued.

Ansley Wilcox, of Buffalo:

Mr. President, as a member of that committee, I want to express my personal opinion formed at the time of the hearing in Washington before the House Judiciary Committee to the effect that an increase in the salaries of all the

District Judges uniformly throughout the country is so small a matter that if it is possible for us to work out any scheme on the line of Mr. Wheeler's suggestion of having increase in those sections where the expenses of living and the salaries paid to their State Judges are higher, that is the line of our activity. In talking with the Chairman of the Judiciary Committee and other gentlemen who took an interest in the passage of the bill who assured me they were as much interested as our committee was, they said that there was great jealousy of New York, Philadelphia, Boston and the richer cities of the east and the larger cities in the country generally, and that there would be difficulty in getting additional allowances for the Judges in the great cities; but there should be some way in which the opposition of the country districts can be overcome and that we can get larger salaries in places where larger salaries are necessary.

The President:

Mr. Stetson, do you make any motion regarding this?

Francis Lynde Stetson, of New York:

Mr. President, I move as an amendment that the report of the committee be accepted and placed on file and that the same committee be continued with its present powers.

The motion to amend was duly carried.

The President:

The question is upon the resolution as amended.

The resolution as amended was duly adopted.

Edward A. Sumner, of New York:

May I be recognized for a moment? I offer the following resolution as germane to this question:

Resolved, That President Taft be requested by the New York State Bar Association to send to the Congress of the United States at such early time as he may deem best a special message urging an increase of the salaries of the Federal Judges.

Resolved, That a copy of this resolution be forwarded to the President by the Secretary of this Association.

I move the adoption of the resolution.

The President:

Any remarks to be made upon the resolution? All in favor will say aye.

The resolution was duly adopted.

The President:

The report of the Committee on the Amendments of the Law in Respect to the Registration of Titles.

Charles A. Boston, of New York:

Mr. President and Gentlemen, this report has been printed and circulated among the members. It is forty-four pages in length, and I shall not take your time in reading it. I should, however, with the permission of the Association, like to summarize it. It consists of two parts: first, a statement of the activities of this committee; second, such information as we have gathered in the course of those activities and as we think you ought to have. First, in respect to the acitivities. Last year we reported that the

« PreviousContinue »