The Southwestern Historical Quarterly, Volume 25, July 1921 - April, 1922 Page: 38
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The Southwestern Historical Quarterly
decision when their supporters were involved; and (4) that all
individual responsibility for their selection would be removed.
Therefore, it was provided that the governor should nominate,
and, by and with the advice and consent of two-thirds of Senate,
should appoint the judges of the supreme court and of the district
As the Committee on the Judiciary had not designated the sal-
ary for the judges, the convention engaged in a very interesting
debate on this subject. Great diversity of opinion was expressed
as to the amount they should receive, and sums ranging from fif-
teen hundred to two thousand dollars were proposed. The address
of the President, Rusk, was the most notable speech on the subject.
"As I view it," he said,
we are now engaged in the most important branch of our -labors;
one which involves to a great extent the present prosperity and
the future weal or woe of the people of Texas. I feel no very
considerable interest in the arrangement relating to the other
officers in the various departments of the government. They will
be under the control of the people; and if we adopt some erroneous
plan in relation to them, they may easily be rectified. But if we
make one false step here, we are gone forever. . . . If we
have an intelligent, honest, and correct judiciary, our position is
safe. If, on the contrary, we have one which is swayed about by
popular clamors, all will be confusion and anarchy. . . . To
be a good judge, a man must be a good lawyer. . . . If he is
a man of practical talents and integrity, he will have a lucrative
employment. . . . If then we do, not offer a good salary, we
will drive such men from these offices, and will fill them with men
who are not guided by the great principles of justice. The sum of
fifteen hundred dollars would not purchase a sufficiently extensive
library for any man to be prepared for the investigation and de-
termination of the important questions, that would come before
him. If we do not pay more than this, I shall look upon our
judiciary as gone.34
As a majority of the convention thought that fifteen hundred
dollars was too small a salary, and that twenty-five hundred was
more than Texas could afford to pay at that time, the matter was
settled by a compromise voting that the judges of the supreme court
should receive a salary of not less than two thousand dollars an-
83Journal of the Convention, 261.
'"Debates of the Convention, 289-290.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 25, July 1921 - April, 1922, periodical, 1922; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101082/m1/44/: accessed September 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.