The Tri-Weekly State Times. (Austin, Tex.), Vol. 2, No. 58, Ed. 1 Friday, March 28, 1856 Page: 1 of 4
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VOL. 2.
AUSTIN, TEXAS, FRIDAY, MARCH 28, 1856
NO. 58.
EJehatcs in tije fionsc of Ucprcsentattocs
W. F. WEEKS, RÉPÓR Í ER.
Jan. 14, 1856.
3 o'clock p
Pending, when the House adjourned,
the substitute offered by Mr. Tarlton, to
the amendment offered by Mr. Brown, to
a bill to fix the salary of the Judges oC.
the Supreme and District Courts.
Messrs. TARVER and SAYLES ad-
dressed the House at some length in fa-
vor of the highest amounts mentioned.
Mr. TARLTON said : In offering the
substitute before the House, Mr. Spea-
ker, I was not actuated by a desire of!
dealing out the salaries of our Judges j
with a stinted hand. I have taken some j
pains to examine into this matter, and
have averaged the amounts paid as sala-
ries to the District Judges in the differ-
ent States of the Union.
And I take into consideration also, the
present condition of our State. We are j
not yet out of debt. When we shall j
have settled our debts, and have a sys-
tem of Internal improvements in success-
ful progress, I shall be willing then to in-
crease the salaries of our officers.
It is true that I voted to increase the l
salary attached to the office of Governor, ¡
the mo3t honorable station in our State.
I was in favor at the same time of adopt-
ing the amendment making it §2,500.;
I propose now, in the substitute I have j
offered to the amendment, to give our
District Judges §2,250, and our Supreme j
Judges §2,500. I think that is as far as
we should go at present; and as soon as
we shall have paid off our debt, and got
a system of Internal Improvements un-
der headway, Ave may then increase the
salaries of our Judges to a higher amount.
1 have the honor myself tQ-beiong to the
profession of the law, qjicf of course as
tar as my feelings qre concerned, I am
not inclined to underrate the importance
of the Judicial bench. I know the la-
bors our Judges have to undergo, and the
grealLamount of study that is necessary
to prepare them to act in that capacity.
1 -Rg.ugfiiwfof yayfig*
salary. But I do not think that at this
time, taking all things into consideration,
we ought to make too extensive strides !
in increasing the salaries of the different ¡
officers of our goverhment.
It was with these feelings and these j
views that I offered the substitute before
the House. I am willing that other gen-
tlemen should fix upon such salaries as i
they may think proper; but as for my- I
self, I shall vote for what I consider ¡
proper at this stage of the game in our j
State.
I don't wish the gentlemen from Wash-!
ington to understand me as being illiber- i
al at all. I am willing to go for good :
salaries. But I feel myself compelled to j
take into consideration the condition of
the State, the necessity of Internal Im- j
provements in order to develope our re-1
sources, and many other matters, before¡
I vote to increase the salaries of Judges ¡
and other officers to the extent proposed Í
and advocated by many gentlemen in this j
House.
Mr. NICKLES: I am not a lawyer
Mr. Speaker, nor am I particularly the
friend of lawyers, (more especially the
majority of those in my own section of
the country, whom I know best.) My
business at home, is that of a sheep rais-
es and stock raising genera ly, a little
mixed up with farming. But I do hold
to the doctrine that the laborer is worthy
of his hire, and my opinion is, that if you I
want to be well served you must pay j
well for it.
Now, sir, I am in favor of, and shall!
vote for first, the largest amount propos-1
e<l; if that is lost, I shall then vote for j
the next largest and so on, because I de-
sire to see, as is proposed in this bill un- j
der consideration the pay or salaries of
our Judges of the Supreme and District
cjurts of this State i aised. «
I think it very desirable that the best
talents of the State should be placed up-1
on the bench, and that talent sir, if pro- ¡
cured with an entire dedication of the i
same to such matters as are brought be- j
fore our courts, and for the interest and !
dignity of the State, is not sufficiently '
remunerated at the present amount of
salary as fixed by law.
It has been remarked here, by gentle-
meu in opposition to this bill, that the
salaries are large enough—that they ver"
handsomely support a man, together with
his family. Admitting this to be true,
that it is a support, does any one desire
a person who has the capacity for a
Judge, or one who is a good lawyer to
work for a mere support ? It must be re-
collected that a time will come when they
cannot work. And unless then our Judg-
es Were men of wealth or property, from
which they may be receiving an income,
they might be Judges until they get grey
and lose their sight or become too old to
longer render service as such, and then
starve, Vor they would have nothing to
live upon in old age; they have been work-
ing all this time for a bare support.
No sir, I say pay them well, pay them
sufficiently well
and have some little to lay by every
year for future support, when they will
be unable longer to labor. Make it an
object, let the pay be enough to induce
"a number one" lawyers to be willing to
setve us as Judges, and we cannot ex-
pect them unless we make the pay ut
least as much as they can make by their
practice. And I do not think that it
takes the very best lawyers in the State
to make as much by their practice as is
proposed in this bill to pay them as
Judges.
And another consideration with me is,
the young man who is poor, he who is
striving by dint of industry, frugality
and economy to complete his education,
whose ambition is the law, that young-
man may become one of the brightest
as salarie j, to the Judges of the District
Courts.
The proposition now before us is call-
ed an increase of salaries. I think, sir,
that when properly and closely viewed,
The opprobrium conveyed by that epi-
thet cannot with any degree of proprie-
ty be cast upon them. If there is any
blame to be attached to those occupying
that position, I ask that it may be impu-
ted to mo, and not to them. And if i it is not so much of an increase as it ap-
such a course is to subject me to the' pears to be at the first blush. I have
charge of parsimoniousness and niggard- not lived in this State any considerable
ly conduet, I am willing to incur the cen- number of years ; but if I am informed
sfire. correctly, seventeen hundred and fifty
' The gentleman from Nacogdoches (Mr. dollars was more money ten years ago,
Ochiltree,) it will be recollected, in this ¡ than three thousand would be at this
House several days since, made a very : time. In other words, money ten years
elaborate and eloquent speech in favor of; ago was a great deal more valuable than it is
raising the Governor's wages, in which ; at present. I am told that, at that time
he gave us to understand that he had a league of land in a desirable situation
, been once afraid of being elected Govern-j could be purchased for four hundred dol-
to support themselves or, and contended that it was all impor- j lars. At this moment an unlocated cer-
tant the salary of that officer should be | tificate for a league of land is worth not
raised. And in the course of that argu- j less than one thousand dollars in the
ment he gave it as one of his reasons, that! market. And, sir, according to my in-
the.Governor was bound to remain at j formation, the same rule holds good with
"the Seat of Government, and be ready ! reference to all the ordinary expenses of
at all times to receive any company that life. I know that in the city of San
might visit the city. But I find that to-; Antonio, a gentleman cannot live and
day that very distinguished gentleman j support, respectably, any thing like a
has changed his notion, and come to the J large familr upon much less than two
conclusion that the Governor can leave | thousand c^lars a year.
the city of Austin, and remain six months
in the year at his plantation. And he
furthor argues that the Judges of the
District Courts must have as much pay
as the Governor during the time of ser-
vice. According to this reasoning, gen-
tlemen have not raised the amount
high enough. They ought to insert 6000
instead of 2500 : because if the Govern-
But we lire told that the State is
considerably in debt, and that, therefore,
we cannot afford to pay our Judges high-
er salaries. I do not view the matter in
that light. The State has a full treasury,
at least she is abundantly able to pay
good salaries to her Judges, as well as
to her other officers. I am in favor of
paying such salaries, and though the
stars oí his profession, and would you j or can leave the duties of his office for j State treasury might be empty, I, for one.
make a Judge of him with a bare sup- J half the year, these men, who are always ¡ would be willing to resort to taxation for
r V A c i n U a n at'aw nmi il It a l%Annnr<A 1 ^ .. „ „ „ . 1 . ^ _ ^ f " _ ÍX1 1 ~ ^
**
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port? No sir, he never could be, because ¡engaged, and cannot leave as he does,
he is poor, notwithstanding 'his talents ! ought to be paid for double the time,
might be of the first order. But sir, The gentleman says further, that there
make these Judgeships desirable, make
- g u * '
them an object to be sought after, both
for the honor they confer and the respec-
tability of the pay, and you will then be
holding out some inducement both to \he the statements of that gentleman in rela-
learned and experienced in the profess- ; tion to any subject. But, sir, I was just
ion of law, and to the young man of tal-j tilling, "if that is the fact, that the
ent, to exertion, and a preparation for j-ao^time my friend fróm Fayette (^L^
that statjpn wbffih hjsjrouthfnl ardor,113 his proposition to afeaF
: won In indure him to
to himself and credit to the I nfay find myself voting with that gen-
tleman in favor of such a measure. For
if the lawyers are all getting §2500 00 a
I year, that would bo the host, t.hinrr wo
in
with honor
State.
Mr. LOCKE, made some remarks,
substance as follows :
I wish only to draw the attention of could do for the State,
the House to what the District Judges
are to get by way of salary according
to the amount proposed, in connection
with the time they are actually employ-
the purpose of giving our officials living
compensations for their services.
We are told, too, by other opponents
of the measure under consideration, that
the Judges of our District Courts are
not engaged, on an average, more than
twenty-five weeks in the year. Taking
for granted that such is the fact, what,
I ask, can they do during the balance of
the year ? Do gentlemen expect them
«to engage in keeping groceries, raising
live stock, or ?.ny "other like business,
eottectioir ór WotsrTT6ífovfü7t^rv~otBréT^nersoT.s^ T fhmk-it*
¡.sgio lawyer of any talent in the country
but can make his §2500 00 per annum,
by the practice of his profession. I am
not disposed, Mr. Speaker, to question
would be highly improper in a Judge, to
engage in any of those pursuits. Be-
sides, if he has any leisure time, I know
that he can spend it to advantage by
------ reading the books of his profession. If
I wish to remark further, that I have wé pass this bill into a law, then, and
been a very close observer in relation to then only, can we expect to see men up-
this matter, and although no lawyer my- j on our benches, who will devote their
„ A „ self, I have seen several lawyers in my 1 leisure time to those books. Every law-
ed. I look upon this as rather an ex ; life, and I have noticed, that whenever a j yer will bear me out in the assertion,
parte measure for the benefit of the law- ■ vacancy occurs in the office of District, that the business and duty of the Judge
yers here and elsewhere. But I shall j Judge, the best lawyers that I am ac- j is not ended when the Courts of his Dis-
not weary the House by attempting to j quainted with are the first men to make ¡ triet have adjourned for another term,
discuss it at length. It is with the great- j application for it. Nor have I known j The Judge who leaves the Courthouse at
est degree of reluctance that I ever say j any, however transcendent his talents, to j the end of one session, to attend to his
a word on this floor. I know that time • refuse to accept such an office, even at j fields during the vacation, will be but in-
is money, and that time Í3 very precious j the small salary of §1,750 00—not even j differently qualified for the performance
to this House at this moment. | the distinguished gentleman from Nacog- j of his duties at the next session. No,
I wish gentlemen to consider the amount doches himself. From these considera-' sir, at least a portion of the interim
of time during which these district Judges J tions, and furthermore of the reasons as- Í should be spent in his library, and in the
are absolutely engaged in the discharge signed by the gentleman from Harrison; study of his books. Thus the entire
of their duties. According to the pres- j (Mr.-Tarlton,)—as the State is in debt,' time of the Judge will be taken up—
ent size of their districts, twenty-five ¡and notable at this time to pay out in ! taken up, too, for the benefit of the citi-
weeks in the year is more than an aver- j all probability—and as we have the best zens and inhabitants of his District—
age. It is not more than that, including ' talent in our country seeking the office—
the time occupied in going to and return-11 do think there is no necessity for rais-
ing from court and upon the bench. That i ing the salaries of the Judges to a degree
is 175 days per annum. And then j that gentlemen ask for at present. And
to get §11,75 per day for the services i I shall vote against it.
j called for, '3250' was i
! Mr TARVER mftv
- o
sh'ir'tpn nut
'3 -
performed by them, according to the
amendment offered by the gentleman
from Gaveston (Mr. Brown r _7
Now I could afford to vote for this ! 000."
very large amount, if gentlemen were j Mr. STEDMAN moved the previous
willing to divide this thing. But it is ¡ question, seconded, and the main ques-
understood that in filling these offices, tion ordered, and "3,000" inserted by a
nobody but those gentlemen who plead ¡ vote of 47 to 26.
at the bar are entitled to a chance. And j The question then being in striking
if you introduce a bill here to raise the I out "2,750," the same was stricken
salaries of any other officers, these gen-! out.
tlemen here in the House are down upon Mr. TARVER moved to insert " 2,-
it at once. When a bill is brought in 1 500."
for the relief of clerks and sheriffs, these Mr. WiELDER. I have been refer-
gentlemen cannot see its propriety—they j red to, Mr. Speaker, as the gentleman
are for economy then. And it is the Í who introduced the resolution, instruct-
same thing in various other instances ing the committee on the Judiciary, to
that I could enumerate. But so soon as ; inquire into the expediency of increasing
a similar proposition comes up in relation [ the salaries of the Judges of the Su-
to an office that can be filled only by ¡ prerne and District Courts. I would be
members of the bar, the House is to be j doing violence to my own feelings, if I
torn down and its foundations dug up, if did not say something, though only a few
vou don't accede to it. | words, by way of sustaining the motion
Those who are opposed to this meas-¡ of the <rentleinan from Washington.
and why, I wish to know, should he not
be paid for the whole time ?
Mr. LOCKE. Do you conceive that
when a Judge is not attending to the
business of the State, the State ought to
A division of the question having been ! maintain and pay him for all the time he
ure are regarded as niggardly. Sir, I
have this to say, that the people whom I
have the honor to represent upon this
fl-^or are not entitled to any such censure.
O
though T must confess, that I would
is otherwise occupied ?
Mr. WiELDER. I answer most un-
equivocally—yes. Justas much as gen-
tlemen on this floor are paid for the time
they are not engaged in the actual busi-
ness of the House. We sit here, on an
average, five hours and receive five dol-
lars each day. We are thus paid at tho
rate of one dollar an hour. If we are
to estimate salaries in that mannar, wo
are all receiving too great an amount for
our services.
Mr. LOCKE. I will ask the gentle-
man another question : Do you expect
to get pay when you are at home ?
Mr. WiELDER. I expect to be paid
at the rate of five dollars per day, while
the House continues its sessions. I do
not think that the gentleman or myself
ought to be paid at a less rate, because
this body may adjourn at three o'clock
in the afternoon and not meet again on-
til ten o'clock the next morning, and be-
cause, forsooth, we may not have any
. O /
ported by the committee, or even for a
higher sum than that bill proposes to pay,
t5 ~7 f _ — _ 7 1 " J «««• . vi ""J
rather vote for the original bill, as re- thing to attend to in the interim at tk«
Capitol. And yet the gentleman from
Upshur (Mr. Looke,) seems desirous ta
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The Tri-Weekly State Times. (Austin, Tex.), Vol. 2, No. 58, Ed. 1 Friday, March 28, 1856, newspaper, March 28, 1856; (https://texashistory.unt.edu/ark:/67531/metapth181772/m1/1/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.