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Under these circumstances, your Committee deems it proper to advise the Association of the present situation and postpone a further report concerning the whole subject of procedural reform until the next annual meeting.

HENRY W. TAFT,

Chairman.

C. ANDRADE, JR.,

Secretary.

GEORGE A. BLAUVELT.
ELON R. BROWN.

A. T. CLEARWATER.

J. NEWTON FIERO.

JAMES S. HAVENS.
LEDYARD P. HALE.
EDWARD W. HATCH.
DE LANCEY NICOLL.
WILLIAM NOTTINGHAM.
EVERETT P. WHEELER.

A motion that the report be received and filed was duly seconded and carried.

The President:

The report of the Committee to Consider the Salary of the Judges of the Court of Appeals.

Adelbert Moot, of Buffalo:

Mr. President, I am requested also to present this report. The resolution adopted at the last meeting of the New York State Bar Association was this:

"Resolved, That a Committee be appointed by the President to prepare and cause to be introduced into the Legislature the proposed amendment providing for an increase of the salaries of the Judges of the Court of Appeals so that they may receive for their services not less than the highest compensation paid to any other judicial officers in the state."

We recommend the adoption of that resolution, and that the Committee on Legislation be requested to urge its passage by the Legislature.

The report of the Committee is as follows:

REPORT OF COMMITTEE TO CONSIDER

SALARY OF JUDGES OF THE COURT

OF APPEALS

To the New York State Bar Association:

THE

The Committee appointed pursuant to the following resolution adopted at the last annual meeting of the Association, viz.:

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Resolved, That a committee be appointed by the President to prepare and cause to be introduced in the legislature a proposed amendment providing for the increase of the salaries of the Judges of the Court of Appeals, so that they may receive for their services a compensation not less than the highest compensation paid to any other judicial officer in the state,"

hereby reports that, pursuant to the provisions of the said resolution, your Committee prepared a proposed amendment to article VI of the Constitution, in relation to the compensation of the Judges of the Court of Appeals, which was taken up with the majority leaders in each house of the Legislature. Considerable opposition was found to exist to a proposal to increase salaries, while, on the other hand, it was recognized that the remuneration of the Judges of the Court of Appeals was inadequate, and the legislative leaders suggested that this defect be cured to a certain extent by making to the Judges a larger allowance for their expenses. A bill, therefore, was prepared amending section 50 of the Judiciary Law by increasing the amount allowed to the Judges of the Court of Appeals for expenses from $3,700 to $5,000 annually. The Judges of the Court, however, when this was brought to their attention, expressed their feeling that this legislation would be regarded as an evasion of the Constitution,

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and would justly be subject to criticism, and that unless the increase in salary should be allowed to the Court openly and clearly as additional compensation, they preferred not to have it. Thereupon, a concurrent resolution was prepared, agreed upon, introduced, and duly passed by both houses of the Legislature amending section 7 of article VI of the Constitution by adding at the end thereof the following paragraph: The Judges of the Court of Appeals, including those now in office, shall receive for their services a compensation established by law which shall not be diminished during their official terms and shall not be less than the highest compensation allowed by law to any other judicial officer in the State. A Justice of the Supreme Court while serving as Associate Judge of the Court of Appeals shall receive the same compensation as Judges of the Court of Appeals."

The resolution further provided that

"the foregoing amendment be referred to the legislature. to be chosen at the next general election of senators and in conformity with Section 1 of Article XIV of the Constitution be published for three months previous to the time of such election."

This resolution will, therefore, come before the Legislature of 1919 and, if approved by it, will then be referred to the people.

It is, therefore, recommended that a committee be appointed to appear before the appropriate committees of the said Legislature and urge the passage of the concurrent resolution aforesaid, to the end that it may be submitted to the people for their favorable action.

All of which is respectfully submitted.
Dated, New York, December 13, 1918.

GEO. W. WICKERSHAM,

Chairman.

The President:

Gentlemen, you have heard the report of this Committee, and the first motion in order would be that the report be received and filed.

Stephen H. Thayer, of Yonkers:

I so move.

The motion was duly seconded and carried.

The President:

Now the report is before us for discussion.

Henry W. Taft, of New York:

As I remember the provisions of the resolution for the appointment of a Legislative Committee, it would not confer upon that Committee the power to deal with the Constitutional amendment, and since the Committee has recommended that the Constitution be amended, that is a subject that, it seems to me, should be dealt with by a Committee specially charged with such duty. Therefore, I offer the following resolution:

Resolved, That the President of the Association be authorized to appoint a committee of such membership as he may deem advisable, which shall take such steps as may seem proper to advocate the adoption by the people of the constitutional amendment now before the Legislature (if it shall be passed by said body), providing in substance that the salaries of Judges of the Court of Appeals may be increased so as to be equal in amount to the highest salary paid to any other judicial officer in the State.

Adelbert Moot, of Buffalo:

I will second that resolution.

The President:

Gentlemen, you have heard the resolution, which has been moved and seconded. Is there any discussion of it?

Abraham Benedict, of New York:

As I listen to the reading of the resolution, its wording is that the salaries of the Judges may be increased so that they "shall be equal in amount" to the highest salary paid to any other Judge in the State. The report was that the salaries to be paid to these Judges should not be less than the amount paid to any other judicial officers in the State.

Henry W. Taft:

The Committee did not contemplate the possibility that their salaries might be more.

The President:

Is there further discussion? If not, all in favor of the adoption of this resolution will say aye; opposed, no.

The ayes have it, and the resolution is adopted.

Is the Committee to confer with the Court of Appeals, and to Recommend Measures for the Relief of the Congested Calendar of that Court, ready to report?

A. T. Clearwater, of Kingston:

Mr. President and members of the New York State Bar Association, I beg to submit the following:

REPORT OF COMMITTEE TO CONFER WITH THE COURT OF APPEALS AND RECOMMEND MEASURES FOR THE RELIEF OF THE CONGESTED CALENDAR OF THAT COURT.

At the annual meeting of the Association, held in January, 1917, at the close of the address of Chief Judge Hiscock of the Court of Appeals, the following resolution was unanimously adopted:

"Resolved, That a committee of such number as the President of the Association may elect, be appointed by

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