The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-12-06
DOCUMENTS
REPORT OF THE SECRETARY OF THE INTERIOR.
lcoNcLuDED.]
Judicial Expenses.

The rapid increase OF the expenses of the ndcal depaIt
ulont which. as will be seen by the annexed table, "a
oes no just proportion to the increase Of the population
ana business OF the country,
Upon examination found That the laws regulating the
conflicting, and, as whole incomprehensibe Different
have been given 10 them by different Judges
and the consequence is that The compensation in
instances the fault is in the law in others il is in
It's administration. f Ess
With the view Of presenting the whole subject more
Iuuy than could do IN the limits OF this report, cd
dressed letter to the First Comptroller of the Treasury
requesting him 10 make communication to ME in writing
,mbodying review OF ell the laws regulating the fees
OF officers Of the courts, and Of the modes Of charging
under them in the different States, together with such
amendments as he might deem necessary. This has
been accordingly done, and il is submitted with this
report. @ ~ III
The hrs law regulating fees is the process act OF Sep
emuer ~ 1852 which was Temporary agd soon expired
by It's own limitation The second the new process
act o May 8, 1902 the 3D. section Of which, regulating
he lees OF marshals cleks, and Attorneys was repealed
by The general law Of February 25, 1892 which was the
thd act on the subject and is force 1t contains
partial bil OF lees for marshas and for attorneys
10 admiralty causes addition per diem of FIVE dol
lars ior attending court and small annual salary Ii
allows clerks also rer diem of five dollars and for their
services lhe same compensation allowed to the clerks
the supreme courts OF the States respectively with one
hrd added thereto Attorneys and marshas are allowed
70 many cases the same COMPENSATION which is allowed
70 attorneys and sherfs In the State courts without any
addition thereto. The fee bills OF the respective States
We're thus made the standard by which the fees OF the
ocets OF the United States courts 10 be computed
Al the Tine this law was passed there but sixteen
States IN the Union, in all OF which fees prescribed
by law. Since that date fifteen States have been
admitted in many of which there fees prescribed
by law for attorneys and in others they iadeq
IN au,aunt.
In most Of the older States the fee.bills have been
changed from time 10 time. and in OF them very
liberal allow ances have been made 10 officers question
has therefore aSen whether the law Of 1909 he terms
OF which are In the present eDse) shall be construed to
Ieler 10 the lees allowed in the respective States the
rfIva FoIoIn IN, tha
changes subsequently, made ln OF the older States
II has received The former construction and in others the
latter Inc more general practice, however is to give il
prospective operation Under this construction in those
States where the allowances TO their officers is LIBERAL
and the business the United States courts large the
compensation TO the officers OF those courts became
travagant To remedy this evil provso inserted in
the general appropriation act, approved March g. ls4
limit their fees where their aggregate compensa
ton exceeded 81 500, 10 the fees allowed by the State
statutes TO attorneys, sheriff. and clerks for snlar
vices Dlthenles having been experienced in admins
erlng This law because II could not be known until the
end oi the year whether the compensation Of the officer
would exceed 81 500 or not and therefore impos
sibc Tor him 10 tell by what rule be should graduate his
charges, proviso inserted in the appropriation act
OF lsi2, requiring all those officers semi
accounts OF their emolumens, and limiting the charges
all in the districts Of New York those allowed by
law 10 the officers of The highest courts Of original jurs-
dicon in that State. Some Judges have held that the
provso 10 the act OF lo4 temporary its character
aud expired BY limitation Others have held that
epeaed by The provso in the act OF IS42, and conse
for calculating their fees and thus the whole subec, is
involved in confusion and difficulty, and the practical
effects inequality and injustice
The report oi the Comptroller exposes many ingenious
devices by which exorbian, has been OBJ
tanned by marshas, attorneys and clerks, 10 which in
viie your particular attention. II will be that aor
RETAINING FEES in the same cause and like number Of
fees for making out briefs and coming TO court prepared
ior trial Ia district attorney and his prede-
cessor received aggregate OF fees in single criminal
prosecution of near five hundred dollars, when Of
the States be could by possibility have received
than twenty dollars for The same service and in others
In some States the practice prevails OF suing out
habeds corpus 10 bring prisoner from the Jail into the
court and formal warfan, to return him to jail again
and il the trial continues week, similar proceedings
instituted from day TO day So Also when wne sses are
committed to custody in default OF surety for their ap
pearance they brought out from day TO day. often
they may be needed 10 testify and returned again TO
prison by the complicated and expensve proceed
iDgs.
As further illustration Of the confusion Of the law in
regard TO the fees Of officers OF the courts, will state
single example: The Law establishing courts in New
Mexico and Utah provides in substance that the attorneys
in those Territories shall the tees and salary
the attorney for the Territory OF Oregon Upon turn
ing 10 The act establishing courts IN Oregon, found
that the attorney for that Territory waS 10 receive the
fees allowed TO the attorney Tor the late
Territory OF Wisconsin and on examining that act il is
found that that officer entitled 10 receive the same
fees and salary the attorney for Michigan Territory,
which described in the act Of February 27th, 1918,
creating the othce OF attorney OF The United Sa'es o
each OF the Territories, az being tis ssual fees Q o'1,
and annual salary OF $3.50 Here are Ave references
for attorneys fees 10 the Territories Of New Mexico and
Utah. which utterly fail 10 lead 10 any 'sfacsory result
Tor want of certainly and II ~ with regard 10 the ices
OF attorneys and ccrksin Minnesota and Oregon In the
Territory OF Michigan the stsiuss allowed sttosnsys no
taxable lee coats. and the COMPTROLLER sAiss that none
therefore could be allowed according 10 law, Ia the Ie-
rtosy OF Wisconsin,. and that be allowed TO the
aitosneys in Mnnesoa, Oregon, New Mexico, OF Utah.
might proceed 10 point out many Other defects. oh.
arurties, and incongrutes IN the laws, and many Ma
grant abuses which have grown up under them but.
there has doubtless been enough ssid to call the aen
ton OF Congress to the subject shall content myself
with reference to the report OF the Comptroller Tor more
full and detailed information Enough will appear IRON
that TO warrant the recommendation that oil the laws
atng fees be promptly and carefully revised, 40 as TO
secure uniformity in compensation, and to prevent future
sbusss Juscs and true economy require that the
pensaiioa OF ali public ocers should be sacen to com
nand the services OF men Of talent aud character But II
should ~ uniform ~ ~ parts OF the Unioo. having
reereacs To the e9poeoe o living and the amount
of esrviee In event should there be such disparity
n now exists nor should the compensation allowed TO
mere mnisssa ocers bear sach disproportoa TO that,
attorneys should be made BY liked salaries and IN c'vi
suits the fees OF clerks and marshaa should be nbout
.oual IN The average o The lees allowed 10 State officers
for snlar services, but Uniform IN all The Siass even
should il be found Necessary IN some cases. where the
aes rerale may yield sucient compensation 10 make
Every facility should be Afforded 70 suiiors 70 as-ert
H. eir rights In the courts OF the United States The ex-
obi,an fees which constitute IN almos insupeaoe
obsace TO seeking redess Of nsrss those tribunals
should bs Diminished.
The federal courts ae daily increasing 10 their rela-
,;v, iuoooyance The bvnas of the States being more
erpoasd 10 the influence Of local peudees and popsss
~ y