The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-14

we are ndl III Was iHCIcdScu oH
OF the business thrown upon these courts by the bank
rpt law. Now that this law has ceased to operate hav
ing been repealed these officers continue to receive
larger compensation than before the law was passed. and
hence find that the business OF the circuit court is
more extensive in many than that OF the district
court because lin consequence of the repeal OF the bank
rupt law the district courts have been deprived OF large
portion OF The duties which belonged to them at the time
this increase of their salaries was made.
Well sir, am not prepared to say that the individu-
ais who discharge the duties of clerks of the courts OF the
United States receive ample compensation. That ID
matter which ought to be inquired into, perhaps but II
not matter for civil and diplomatic appropriation
bill 1t is matter which ought to be brought up and
debated by Congress, whether the compensation of the
clerks of the district should be reduced whether
those of the circuit should be raised II the clerks
ceve already too much let their compensation be re-
duced; if they receive too little, let it be raised Certain
ly it is strange for this amendment, that these
oficersare dishonest and will not pay the amount
over and above the amount stipulated to be retained
Mr. DOWNS WIll the gentleman pardon me Tor q
momenl | did not intend to intimate that even one OF
these officers dishonest in pursuing the course men,
with the law. They to transfer TO the government
the balance of the fees over and above certain sum
is part Of their duty collect the fees of the gov
eminent. When they come TO settle they state to the
government that they have collected so much, and re-
tain SO much as fees Government never exacts the pay
ment of any money, but allows them to transfer the
collected claims This is done with the appreciation OF
the executive officers of the government and no impua-
fecty fair and honorable is the ordinary construction
OF the law, and II is proper one. merely mentioned
this to show that the law was imperative that dd not
attain the object desired There is no rule of law
king the duty OF the officers collect all the fees They
only accountable for the surplus over and above the
amount to which they entitled and that surplus may
| be accounted for in unsettled claims.
Mr.. KING. Well, sir, really do not understand the
honorable 1t the duty of the clerk suppose
TO collect the fees of his office If he failed to discharge
that duy if had the CONTROL would turn an officer
of his Office immediately if he should balance his account
by turning accounts which are worth nothing.
| Mr. DOWNS. Allow me to suggest that these officers
nf
of the government.
Mr. KING am aware Of it. WE'LL sir the same
principle applies every receiver OF the public moneys IN
land Offices They obliged to confne themselves to
certain amount TO which they are limited by law, al
though the tees they would should amount to ten
times the sum they are allowed 10 retain Yet never
heard any complaint of any Seenton OF the fees
unless, perhaps in the of few individuals who
deiauters not only as to the fees, but as to the
moneys received from the sales OF the public lands What
insist upon is this that we should regulate the amount
10 be retained by the clerks by separate BILL but that
propre,y would suggest that this is not the place in
which to regulate the amounts to be retained by the
clerks of the different courts. That is matter which
ought to be brought up and examined upon Its own loot
ing and it should be ascerained whether they are paid
too much too little, and the amount should be regula-
ted Justice requires shall vote against 1t, then, Tor no
other reason than that does not belong the bill
being acted BY Gonsrsss concur with the senator
from ALBANIA, Mr.. KlNG,] perhaps because misunder
stand him. This is not proposition to act upon the re-
verse of the principle commended Tor by the senator
from New Hampshire but at particular period, when
there was great deal Of business in the district courts,
during the existence OF the bankrupt law, maximum
was fixed $1,000 for those clerks. Now, the senator
from Alabama to be under the impression that that
maximum is still received by the clerks OF the district
courts That is not the case II the amount OF the ices
and emolumens of the office fall below that amount the
clerk gets only what he does receive But suppose that
notw outstanding the business in relation TO the bank
upt has subsidized or has ceased another kind OF
business should arise which would increase those ices
and emoluments beyond S3, 500, he would still receive
that But sir, whatever amount OF business should
be required be transacted in the circuit court and
however large the amount OF fees which the clerks would
receive they retain the amount gwen TO the clerk
of the district court All that this bill proposes to do s
to place them upon equality, allowing the clerks OF
the circuit retain the fees not exceeding the sum
of SO 800 upon the grounds that the clerks OF the
district court allowed the amount This is not
increasing the expenditure of the government at all but
simply provides that, the clerks of the circuit court
shall do much work those of the district court they
shall be entitled to the same compensation = .
ii very seldom that the rule will apply at all, for 1t
is only in one out of ten that the amount OF the
fees up above 81 900 or Sl5oo. But if the amount
should happen to run up to $500 or above ihs Dill is
to allow them TO receive that amount
! Mr. JOHNSON of Louisiana asked for the reading OF
the amendment.
| The amendment was accordingly read
| Mr. JOHNSON | do not know as | understand the
object of this amendment. infer from the discussion
that the clerks OF the district courts and probably OF the
circuit court aso required to pay to the govern
ment only what they receive over and above certain
amount They may retain certain amount, and are ac-
coun,able only for the remainder. Now should like to
rs
Mr. BERRIEN Six thousand dollars
Mr. HALE. Allow me to explain more definitely. II
is 900 divided in this way $500 to the clerk OF the
district court, and ~ 500 to the clerk OF the circuit
court
i Mr.. BERRIEN This bill is to equaze the division.
The question being then taken upon the amendment
it agreed to. -
Mr.. JOHNSON of Georgia moved to amend the bill
by inserting the following provision:
$40 reimburse the corporation OF Washington the cost o.
erecting half of the City Hall building granted to and
occupied by the for the circuit district ant
expended by the said poraton IN finishing the exterior
of said building under the direction OF the Secretary OF the
Treasury Propided, That rooms enough be set apart to-
the use of United States the District of Colum bia-
the Secretary of the Treasury to be Judge as to the suhcen
cy of the rooms so provided
Mr. JOHNSON of Georgia The attention of the Com
mttec for the District of Columbia was drawn TO this
subject by memorial presented to Congress by the hon
oabe Mayor and others in behalf OF the city corporation
The facts disclosed by this memorial are these The
building erected by the corporation at the cost O
$7s,75o: In 1923, IN pursuance OF AN act OF Congress
providing for the accommodation OF the circuit cOuT
of the United States for Washington county, in the Dis
tc OF Columbia, and for the preservation oil The records
of said court and in consideration OF the sum OF Ter
thousand dollars therein appropriated, the corporation
conveyed to the United States the apartments in the
wing of said building comprising onehalf the entire
Iedifce
Since that time, a period of more than twentyfv,
years, the has had the use OF this portion
the building without rent or compensation Now, very
short calculation will show the Justice OF this aPPropria
ton Deduct the ten thousand dollars appropriated by
The act OF 1923 from the original cost OF the building
and leaves the of SIS, $50 expended by the
poaton, for which interest has been paid by the gov
eminent The half OF this say $3l 1915, is what ht
government ought to appropriate and what the memora
asks. But from considerations OF economy, the com
m fee no