COMMUNICATION OF THE JUSTICES TO THE TREASURER AND RECEIVER GENERAL.
By reason of its bearing upon a constitutional question, it has seemed best to publish the following communication to the Treasurer and Receiver General by the Justices of the Supreme Judicial Court.
COMMONWEALTH OF MASSACHUSETTS,
SUPREME JUDICIAL COURT, April 17, 1933.
Hon. CHARLES F. HURLEY, Treasurer and Receiver General, State House, Boston, Mass.
DEAR SIR: - The budget recommendations of His Excellency the Governor submitted to the General Court under date of January 24, 1933, contained this passage: "The Budget submitted provides for a reduction in the appropriation for the salaries of the Justices of the Supreme Judicial Court and of the Governor of the Commonwealth, which salaries under our Constitution it is impossible for you to reduce without the consent of the Justices and of the Governor. You may consider this Message my consent,
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and I am informed that such assent as may be necessary may be forthcoming from the Justices of the Supreme Jud1c1al Court." It 1s clear, as thus stated by His Excellency, that the salaries of the Justices of the Supreme Judicial Court cannot under the Constitution be reduced by the General Court. It is no more within the constitutional power of the Justices of the Supreme Judicial Court to override this constitutional mandate than it is within the power of the legislative department of the government. The Justices of the Supreme Judicial Court would be false to their duty to the legislative department of government and to the judicial department of government, as well as to the citizens of the Commonwealth for whose benefit the principle of the independence of the judiciary was established in our Constitution, to omit to affirm a constitutional principle even though it may happen to affect them personally.
The undersigned from the beginning have been willing to cooperate to reduce the expenses of government in the present exigency. Accordingly, they authorize the deduction monthly from their several salaries, as lawfully established for each of them by G. L. (Ter. Ed.) c. 211, ยง 22, one twelfth of fifteen per cent of their annual salaries during the period from April 1, 1933, to the end of the current fiscal year. For that period they severally remit to the Commonwealth, out of their salaries, the amount of such deduction. They waive no rights established under the Constitution; but relinquish to the Commonwealth as a voluntary contribution a part of the salary which is theirs by right under the Constitution.
Respectfully,
(Signed)
ARTHUR P. RUGG.
JOHN C. CROSBY.
EDWARD P. PIERCE.
WILLIAM C. WAIT.
FRED T. FIELD.
CHARLES H. DONAHUE.
HENRY T. LUMMUS.