New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-05-09

This was certainly very comfortable income
for an officer Of the Government who ut the time
lac entered on the duties of his office, terrified
1t the ini0uty of the age, and Of whom Mr.. Hoyt
,ays-'I am quite apprehensivc that he will not
even receive his own costs; | am quite apprehen-
svc he will no, receive half much as he Is enti-
Tied TO- This wonderful revolution in the views of
the District Attorney. by which he became reccn-
cilcd 10 receive something Over one-half of what
he was entitled Ia. was, doubt, achieved by the
powerful influence of the lectures of Mr.. Hoyt.-
IL soud not Justly be aserlsed To any other cause.
But it will be seen that this large income from
the Treasury Of the United States constitutes only
a moiety of the income Of Mr.. Butler while he re-
NAMED in office as District Attorney. The costs
taxed on defendant, in cases Of convictions in
prosecution. for breaches Oi the revenue laws,
judgements by default in seizure cases undefended
and suit, on revenue bonds, where the defendants
were solvent. and where money was paid into
court by stipulation out Of court OF the value OF
good, libeed are no, included in the bills charged
to the Government and paid by the collector ac-
cording to the above statement. The sums drawn
from these sources by the District Attorney are
not fully known, IA Official data have been
furnished to the commissioners. on which an est-
mate of the entire amount could be formed. Ii
must, however, have been very large, considering
the vast amount of business of these classes which
passed through the courts and enured to the bene-
fit of the District Attorney and other officers OF
the court
In the compromise cases heretofore noticed, IN
most of which no suits had been brought or pro-
cess served, or the placed on the docket for
Trial, Mr. Butler cxacted from the defendants or
importing merchants. scndton of these com
promises various sums, under the designation OF
counsel fees amounting, in the whole to-. s:75 %
In the OF Lachaise Fouche, which was set
tied by compromise, he taxed the defendants Tor 80
counsel fees ami taxed costS..,............. bIo o.
In 81 condemned goods 10y default. Mr.. But 90 q.
Ter received from the proceeds OF the goods, 30. y
Amounting. in the whole, ,tS VI
On what principle OF law or practice the Dis
lrict Attorney is Justhablc in charging counsel
fees to the defendants, especially in cases which
nave not been brought to trial .or d.cketed, re-
mains to be explained, a such practice has ex-
l,,ed, at any time, in the courts OF New-lork,
State or Feneral. Several professional gentlemen
were examined on this point, and among them
Mr. Price. the former District Attorney, none of
whom had ever heard of such practice There
i, certainly no law, statute or common, which
to Justify it.
The following extract from the deposition Of
Jonathan Miller. respectable counsellor in the
court. of New-Nork, and who va. Of counsel in
most Of the compromise cases, is given, to show
what the practice of the court. has been on this
subject. His opinion, given under oath. j. in
accordance with that Of the other counsel examined
Ly the Commissioners.
Qestion 10. What the Ice allowed by law To Dis
Attorney, arising under breach OF the re'en-
laws, Please by what authority Of law practice
eljsmn 7. Butler District Attorney Of the ned States
demanded Vt John Taylor, IRE OF $50. IN his sharac'
OF District tuorusy IN not actually pending ~
Court. the writ having been serves. And state also
what sum. demanded under the compromises made
with Other merchants for whom you acei counsel and
whether payment OF such aid Attorney
denarde made condition OF his assent TO the
coHprom proposed and agreed TO BY the Collector
o VIII IA the follow ing answer gwen
nSu~r 10 9s5.pH TO- must beg leave % refer TO the
law, to the fee allowed arising pnder the breach