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The attempts to attack the integrity of Judge Landis' motives in becoming the supreme arbiter of professional baseball have brought up some very important problems of policy. That Landis, an enthusiastic "fan", is sincere in his desire to make organized baseball a clean sport, few will deny: but there is also little doubt that the large salary paid him by the major leagues was a great inducement at the time that he decided to accept the position. Such an increase of a Federal judge's salary, small enough in these days when the necessary expenses involved for the holder of such an office are so out of proportion to the pay received, could not be neglected by a man of moderate means like Mr. Landis.
Baseball needs a strong, clear-thinking leader, particularly when its present disorganized state is considered, and Judge Landis, because of his sympathetic interest in the game is essentially qualified for the office. In the face, of pending baseball litigation in his own territory, however, the question of permitting members of the judiciary to accept outside positions quite naturally arises. A man in Mr. Landis' situation could not help being influenced by his own personal feelings in deciding cases connected with baseball or with the owners and backers of baseball clubs, many of whom have outside interests as well. It has long been a tradition of Anglo-Saxon law that no influence in the community should exercise any claim upon a judge. Therefore it would seem wise to require Mr. Landis to resign either his Federal or his baseball status.
If, however, our judges are prohibited from adding to their salaries by other means, the burden of maintaining necessary appearances at the present rate of pay will prevent the bench from attracting the most promising material. The more ambitious and active lawyers will decline to serve as judges and will remain in private practice.
There can be little doubt that the prevailing fixed salary is all too low. Since it was established, times and business conditions have changed, making the reimbursement no longer adequate to maintain the high standard of our judiciary system. Its representatives should receive a salary sufficient to make extra-judicial efforts on their part unnecessary.
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