The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-14


For the purpose OF illustration, will refer to the
law concerning the fees of District Attorneys;
| others might be cited with equal effect. BY a
general law OF 1873 attorneys for the United States
for The Territories, are to receive salary OF two
hundred and fifty dollars, besides the "usual fees
OF Office" What these usual tees OF office are, Is
not defined. If this act does not apply to Oregon,
it will be difficult to determine the fees to be al
lowed the District Attorney OF that Territory. The
act Of lS4S creating that office, gives to the per-
son holding it the same fees as those provided tor
| the District Attorney the Territory OF Wiscon-
| sim the act relative to Wisconsin refers to that
establishing the same Office ia the Territory OF
| Michigan. The Michigan compensation bill refers
to that of Indiana Territory, and the latter the
| compensation provided by the ordnance OF 1881,
| and the laws OF the United States for similar
| officers In the territory northwest OF the river
| Ono. Referring to said ordinance, the Office of
District Attorney Is not Created, nor are fees pro-
vIded tor him The Governor aud Judges ap-
| pointed under that ordinance, however, were au-
| thonzed TO adopt and publish such laws OF the
| original States, as they might deem applicable.
Under this after clause, they may have selected
Tee bill, or the territorial legislation may have pro-
vided one; but whether this is so, cannot be
easily ascertained by the taxing officers or the
| District Attorney OF Oregon. BY the act OF 1879,
District Attorneys are TO receive "such feesin each
State, respectively as are allowed IN the Supreme
Court thereof" 1t has been questioned whether
this law applies 10 the States admitted siuce 1899,
but more serious difficulty arises IN the several
States where there is no such court, or tee hill
at all. The fees allowed to many District At
| toiueys, lIOtl HcCeeslty, Oh mere 0S-
cretion in those States where there is tee bill.
Our statutes are scattered through sixty years of
| legislation IN their most compact form, they
tend TO about tour thousand very large pages OF
fine PRINT, without any reliable evidence 10 dist,n-
euish those which are III force from those that are
obsolete or repealed. The ablest and most learned
lawyers often differ in opinion, whether certain
statutes are IN force or not. At each session laws
are passed. repeating or chang ing former ones, ina
manner TO increase this difficulty We often see
1t provided, that law referred to shall not be
con trued 10 mean what is specified in it, Statutes
are frequently repealed by enactlng I" that all acts
and parts OF acts which are Inconsistent with the
provisions OF this act, are hereby repealed"
What rs thus repealed is often involved IN doubt,
especially, when several acts have been passed on
the same subject, with similar repeating clauses.
Acts are often passed referring to and adopting
Others An instance of this kind, showing the
effect of such legislation, will be cued. By
the llth section OF the act of March 3, 1917,
establishing post routes, the Postmaster General
is authorized to procure and Issue postage
person who shall falsely and fraudulen,ly
make, utter or forge any postage stamp, with in.
| tent to defraud the Post Office Department, shall
be deemed guilty OF felony, and, conviction, be
| subject to the same punishment provided in the
| 21st section OF the Post Office law of March 3,
1925. BY examining the section referred to, it
will be seen that it provides four dfftrent penal
ties The first fine not exceeding $500, or six
months Improvement, or both. The second, i'm
prisonment not less than ten nor more than twenty
one years The ihird,. penalty not exceeding
ESQ., go anu TIC ''u''" ike pena'''' not exceeding
Although forgery of postage stamps is under
stood to have been discovered, the proper court
is said to have held, that the provision of the act
OF lS47, above referred to- Is effect void for IN.
| certainty.
The act of the 22d inst, concerning the authen-
ticatlDg certain records, may also be clted
| The first section of the bill as originally reported
contained a provision authorizing our ministers
and consuls abroad. and judges at home, to take
testimony In certain cases, under commissions,
Y hrn,, kAIo Eal ,lartL a,-
declared to be legal evidence The second Sec
tOp PROVIDED that on certain records being anthem
tlcated IN particular manner, and certified under
| the hand and seal of said minister, consul or
Judge, mentioned In the first section, to be true
copies OF the originals, they might be filed and
used in a certain manner. Ia Its progress through
the two houses, the bill was amended by striking
out the first, without changing the second section,
which thereby became the first As II stands IN
the statute 1t reads, and when the same shall be
certified by such minister, consul or Judge, men
toned IN the first section of this act, under his
hand, &c." although, in fact, there is no minister,
consul or Judge described in said first section,
that the provision seems to be entirely without
meaning t..t.
words OF doubtful import, which are the subject of
different constructions in different States by the
national courts, seriously affecting the rights and
Int rests OF the citizen, as well as the government
A single example will be glven BY st lutte, no per-
son shall be imprisoned for debt In any State on
process from UDlied States court, when. bv the
laws cisuch State, imprisonment for debt has been
or shall be abolished This reference adopts thir-
ty statutory enactments end many OF them sup
posed to be widely different. In many OF the
States impusonmt Mt Is abolished in all cases arls-
ing in contract. 1t is supposed that Congress-, ia
using the words imprisonment tor debt intend
ed only to include cases OF this character. BIT it
has been lect ntly held by United States Judge,
that 1t extended TO all of fines and penalties
for violation OF the revenue and other laws when
the remedy is by " action of debt" The conse-
quences are. thatmasters at vessels, and especially
those from foreign countries, commit offences and
incur penaltlee without beng really IN any m,u-
responsible. This IN effect annuIs the statutes
imposing lines and penallies, when the remedy is |
by action OF debt. 1t also kno WI that suoordl-
nate ational courts have made decislons. which |
are not acguiesced in BY the Executive Depart. |
menis. The number and extent OF the la We reIat-
Ing to particular subjects renders the task of ex.
aiming and understanding some Of them almost
hopeless. In 1874, tae revenue laws therefore
passt were collected ia volume containing to 4S6
chapters, and extending to about 700 pages. IL
is believed that not over two hundred pages OF all
this mass Of undigested mattersis now IN force
SIEVE raj important statutes on that subject have
been since enacted. ....- .t...
More than twenty years since, the land laws
wtre published in the same manner, and extended
to over 1000 pages. Numerous acts have been
passed on that subject, but it is probable that
not over one hundred pages OF the land laws are |
now operative. 1t Is known that some of these |
difficult to be understood that a commits |
soner Issued land patents that required special |
legislation to. render them valid. A suit
has been directed under a special law,
which will involve, among other things, the |
validity OF Presidents signature to land patent.
suit 10 also pending which Involves the bOunda- |
ries oil land district Indeed, numerous ques-
tons are raised under these land laws, most Of
which grow out OF their confusion and obscurity. |
BY the act creating the State Department a spe-
cihc cath prescribed for the Secretary and others
But this does not dispense with another oath,
which is provided IN different statute, and re-
quired by the constitution. There other slml-
lar sngularies IN the statutes concerning oaths OF
office.
Out OF two hundred and ninety acts relating to
the judiciary, not over one hundred pages OF the
whole are now In force. Some oil these acts have
been repealed, while an occasional provision has
been annuied by judicial interpositlon, as unau-
ihonzed by the CONSTITUTION. But which acts are