The Justice of the Peace Who Sued for His Salary
A local judge successfully challenges the county auditor to secure his own paycheck, signaling a wider struggle over fiscal administration.
The story, cleaned up
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Justice Burt Humphrey brought proceedings against Auditor F. A. Twichell to compel the payment of his salary. Humphrey had presented his fees to the county and received a receipt, but the auditor refused to issue a salary warrant, citing a new state law which stated a justice could draw a salary only when fees collected met or exceeded that amount. The auditor argued that the legal fees collected were less than the claimed amount. However, Judge Osborn ruled that the legislation in question was intended for the administration of county accounts generally, not specifically for the salaries of justices, and that such an act could not constitutionally lower a judge's salary during his term of office. Justice Humphrey won the suit and, following the decision, was immediately spotted at the auditor's office waiting for his warrant, remarking that he had been suffering under the pressure of 'importunate tradesmen' throughout the ordeal.
“He says that he has not been suffering greatly since the dispute over his salary began as he has been unable to stand off importunate tradesmen.”
This case highlights the recurring civic tension between state-level administrative mandates and the autonomy of local judicial roles. The struggle to get paid for public service echoes contemporary debates regarding the funding of municipal courts and the administrative hurdles faced by public servants.
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