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


The Secretary OF the Navy sensible OF the justice OF this
application has recommended it; and without taking up
the time OF the Senate submit this motion to their
sderaon under the statement that upon its merits has
not been oppased by the chairman of the committee by
any member of the committee, and that this technical OBJ
econ is answered by the statement OF the senator from
| North Carolina
Mr.. CAMERON moved to amend the bill by inserting
provision for the purchase of the building belonging 10
the old United States Bank at Erie, Pennsyv ana, for
custom house. provided il be obtained for not
exceeding twenty nine thousand dollars. He said that
the amendment was made with the appreciation of the
Treasury Department for the purchase of this building
which was admirably adapted the purposes of a
tom house 1t exact counterpart OF the building
in Philadelphia, which used by the institution.
The government was now paying large yearly for
the of building there, and this building could be
had for the small sum proposed in the amendment, 1t
had met, he believed, with the appreciation OF the chair
MIR ATHERTON. The senator has said that the
amendment hal met my appreciation. | have nothing to
say upon the subject excepting that there has been
Mr. CAMERON will the chairman Of the Com
muee Finance be kind enough 10 send that letter to
the clerk to be read
The letter accordingly read. 1t was letter from
the Treasury Department, calling the attention OF the
committee TO this subject, and recommending the pur
chase OF the building in question.
Mr. ATHERTON called for the reading of the amend.
ment, and il was again read
The question being taken upon agreeing 10 said amend
ment, il decided in the affirmative
| Mr. HALE submitted amendment, the object OF
which to equalze the salaries of the clerks of the
circuit and district courts OF the United States In sub
| Mr. HALE said Mr.. President, want to explain that
amendment and crave the attention OF the Judiciary
Committee to the subject BY the act making appropra
ment in 1912, approved May 49, Congress enacted that
where the Offices OF the circuit and district clark OF the
United States both holden by the person, he
may retain tor his out Of the emolument OF the
office, sum not exceeding $1,000; and where the
offices were divided and holden by different persons
ha the o1 Of the the eo q Of the o States
ceeding 1880 Well, sir. it will be manifest TO every
lawyer in the Senate that the clerk of the circuit court
an officer OF court of vastly more extensive lurisdic-
lion and of more business. IA, holds more response
Bile place. and in the performance of his duties performs
labor, than the clerk of the district court partcu
larry since the repeal of the bankrupt act The law pre-
sents this curious anomaly while the six thousand dol
ns divided in this way, the inferior officer who
does the least work, receives thirty five hundred dollars
and the superior officer OF The greatest responsibility
and having the greatest amount OF labor to perform,
ceives twenty five hundged dollars This amendment
simply puts them upon equal footing, and connects
them equally. 1t is not proposed to appropriate single
dollar out of the treasury but simply that the clerk OF the
circuit court may be allowed TO retain out OF the emo
uments of his office equal TO that allowed to be
tanned by the clerk OF the district court 1t seems to me
that this be convincing to every lawyer in the Sen
ate and suppose that comprises nlnety-nlne one-hun
MIR WESrCOTT The Judiciary Committee of the
Senate have had under consideration for some lme-n-
deed last session, well his-uner resolutions OF
ating the lees OF ali the federal judicial officers clerks
district attorneys, and marshas bill will probably Dc
next The committee have obtained large amount OF
valuable and useful information on the subject, which
will be submitted The absrity which the Senator from
New Hampshire Mr. HALE advers to can but be rectited
in such general law am opposed to patching up gene
raj laws by clauses in appropriation bill Besides IN
of the district and circuit courts the is not thai
presented by The senator In oil the States the dis
lrict courts have the most business.
in w hat district courts?
/ Mr. WESTCOTT The district courts that have uris
dicon of land caims-Spansh French, and English
grants-in the southern and southwestern States
The clerks, of both courts get poorly paid doubt i
either reach the maximum allowed by law JUS
tce be done to all the federal judicial officers by
the insertion OF this provision and, in my Judgment
only by general law applying TO all the cases.
Mr.. BERRlEN. concur in the amendment presented
to the Senate by the senator from New Hampshire II
is very certain, sir, that there many defects in the
clause regulating the fees of the ministerial officers the
judicial department of the government and it will be
very proper that that subject should receive DELHI
Grafton than apprehend can be brought to bear upon
by the senator from New Hampshire does not touch that
question. 1t applies to the existing state of things
leaving the fees as they are 1t merely provides that
the distribution of these fees between two classes OF
officers, which is made by the existing laws act OF
injustice to class, shall be remeded Now, sir,
speaking general proposition, is unquestonably
true that the clerk of the circuit court OF the United
States is higher officer than the clerk OF the district
court Speaking as general proposition is true thai
the court has more business tian the dSrict court
What recommended this was the of business thrown
upon the district court by the provisions OF the bank
rupt law. The has ceased, and the disr
button should with it. There are district courts
which there business done than IN the crcul
courts but this provision does not have application Il
that class of courts That is true; but the Senate viii
consider that it is only where the amount OF fees re
ceived shall exceed thousand dollars and that
be affirmed Of the courts of which the senator speaks
District judges have extra duties to perform. and extra
compensation; clerks have their fees; and in no in
stance apprehend do the fees amount TO the which
renders it necessary TO bring them under the operation
the law which the senator ffom New Hampshire pro
sand dollars to come up to the operation OF tina
law, the distribution, instead OF being as It is nowun
equal, and unlustly unequal-shall be made uniform
e Mr.. DOWNS. entirely with the senator from
New Hampshire Mr.. HALEl with regard to thus amend
ment, in looking upon it as one which ought TO b.
adopted 1t is not question oil approprang money on
of the treasury They do not ask that but these clerk
simply ask that they may be allowed to retain certain
amount of the fees of their office would also stat
i that this policy of limiting the fees of ce tain officer
Z commenced, believe, in 1871 An act was passed il
i that year, and amended in 1912. | have some expert
ence this matter, having been acquainted with one
the courts and believe that great extent the obec
of the arrangement in force has entirely failed.
such laws will fail 1t is true that often occurs tina
there large balance OF fees coming to the government
beyond wba, the officer is entitled TO receive but thes
are very rarely realized by the government They
II paid cash, but the officer turns 10 the government
The balance in unsettled accounts, and adjusts in tina
these accounts thus turned over to the government
e ever realized. similar plan has been adopted IN m
own State in some OF the pablo Offices allowing tn
officers certain portion of the fees, and requiring them
nav over the surplus; but il always turns out, and ap
A prebend that il always will turn out, both the Stat
manila hat m h,ulh n tnal