But  we  go  a  little  further.  We  say  that  it  is  supposed,  or  that
the  people  supposed  at  that  time,  that  the  term  could  not  exceed
four  years;  that  is  that  this  salary  without  service  could  not  go
beyond  four  years.  Judge  Cady  has  just  shown  that  the  first
decision  was  made  in  September,  1890,  by  a  Special  Term  judge,
before  even  the  nomination  of  Judge  Earl,  as  I  understand  it,  a
year  before  the  nomination  of  Judge  Andrews,  and  before  the  nomi-
nations of  two  other  of  the  judges  who  are  interested  in  this  prop-
osition. The  General  Term,  very  shortly  after  the  election  of
Judge  Earl,  upon  the  opinion,  as  Judge  Cady  has  just  stated,
of  the  Special  Term,  affirmed  the  judgment;  and  then  the  Court
of  Appeals,  by  three  persons  who  were  not  and  could  not  have
been  interested  in  any  manner  in  this  result,  would  have,  without
Judge  Earl,  affirmed  the  judgment.
But  let  us  go  a  little  further.  This  affirmance  was  made  in  Feb-
ruary, 1891,  which  settled  the  law  for  all  time  to  come.  In  Novem-
ber of  that  year,  Judge  Andrews  was  elected.  Prior  to  the  election
he  was  nominated  by  the  Republican  party,  and  was  indorsed  by
the  Democratic  party,  in  the  face  and  eyes  of  the  decision  of  the
Court  of  Appeals,  that  in  case  he  was  elected  he  should  receive
compensation  for  nine  years  without  rendering  service  therefor.
