The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-12-05

allowed to attorneys and sherins in the State courts
without any addition thereto. The fee bills of the
respective States were thus made the standard by
which the fees Of the officers Of the United Statea
courts were TO be computed. At the time this law
passed there but sixteen States in the
Union, in all of which fees prescribed by law.
Since that date fifteen new States have been admit
ted, in many of which there no fees prescribed
by law for attorneys, and in others they made
quate in amount.
In most of the older States the fee bills have been
changed from time TO time, and in some of them
very liberal allowances have been made TO officers
question has therefore arisen, whether the law OF
1899 (the terms of which are in the present ense)
shall be construed to refer To the fees allowed in
the respective States at the date of the act or to
have prospective relation TO the changes subse-
quently made. In some of the older States il has
received the former construction and in others the
latter. The more general practice, however, is TO
give II prospective operation. Under this con
struction in those States where tue allowances to
their officers is liberal, and the business in the
United States courts large the compensation TO the
officers of those courts became extravagant To
remedy this evil proviso was inserted in the gen
eral appropriation act, approved March 3, lSil, to
limit their fees in where their aggregate com
pensation exceeded $780, to the fees allowed by the
State statutes to attorneys, sherfs, and clerks for
similar services. Difficulties having been expo
rienced III administering this law, because it could
not be known until the end of the year whether
the compensation OF the officer would exceed
8 500 not, and il therefore impossible for
him to tell by what role he should graduate his
charges, proviso was inserted in the appropria-
ton act OF 1912 requiring all those officers to-
turn semi-annual accounts of their emouments,
and limiting the charges in all cases in the dis
tricts of New York to those allowed by law to the
officers OF the highest courts of original jurisdic-
ton in that State. Some judges have held that the
proviso in the act Of 1871 was temporary in its
character and expired by limitation. Others have
held that it was repealed by the proyso in the act
of 1912, and consequently that the act of 1899 fur
had 1t,
and thus the whole subject is involved confusion
and difficulty, and the practical effects are in
equality and injustice.
The report of the Comptroller exposes many in
geniou5 devices by which exorbitant compensation
has been obtained by marshals, attorneys, and
clerks, to which invite your particular attention.
II will be seen that attorneys have in some instances
received as many as TWELVE RETAINING FEES in
tue same cause! and like number OF fees for max
ing out briefs and coming to court pre- pared for
trial. In one case district attorney and his pre-
deces5or received an aggregate of fees in single
criminal prosecution OF near five hundred dollars,
when in some Of the States he could by no posi-.
bility have received more than twenty dollars for
the same service, and in others not so much.
In some States the practice prevails of sueing
out habeas corpus TO bring prisoner from the
jail into the court, and formal warrant to return
him to Jail again; and if the trial continues a week
similar proceedings instituted from day to day
So also, when witnesses are committed TO custody
IN default OF surety for their appearance, they
Gay 10 Udy, hB OIten as tney may
be needed to testify, and returned again to prison
by the same complicated and expensive proceed
ings.
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 sub
stance that the attorneys in those Territories shall
receive the fees and salary the attorney for
the Territory of Oregon. Upon turning to the act
establishing courts in Oregon, il is found that
the attorney for that Territory to receive the
same fees as were allowed to the attorney for the
late Territory of Wisconsin; and on examining that
act it ia found that that officer entitled TO re-
ceive the fees and salary as the attorney for
Michigan Territory, which are described in the
act of February 81 1913, creating the office of At
torney OF the United States for each of the Terrific
ries, as being she usual fees Of Office" and an
nual salary of $3.50. Here are five references for
fees in the Territories of New Mexico
and Utah, which utterly fail TO lead to any satisac-
tory result for want OF certainty; and ii ia with
regard to the fees of attorneys and clerks in Min
nesota and Oregon. In the Territory of Michigan
the statutes allowed attorneys no taxable fee or
costs, and the Comptroller states that there
fore could be allowed, according olaw in the Ter
rltory OF Wisconsin, and that none can be allowed
TO the attorneys in Minnesota, Oregon, New Mexi-
co, or Utah.
might proceed to point out many other defects,
obscurlties, and incougruites in the laws, and
many fragrant abuses which have grown up under
them; but, as there has doubtless been enough said
to call the attention of Congress to the subject
shall content myself with reference to the re-
port of The Comptroller for more full and detailed
Enough will appear from that to
warrant the recommendation that all the laws re-
lating tc fees be promptly and carefully revised, so
as to secure uniformity in compensation and to
prevent future abuses. Justice and true economy
require that the compensation of all public officers
should be sufficient to command the services of
men of talent and character. But it should be
uniform in all parts of the Union, having proper
reference to the expense of living and the amount
of service. In no event should there be such dis
parity as now exists, nor should the compensation
allowed to mere ministerial officers bear such dis
proportion to that of the judges. As far pract-
cable the compensation of attorneys should be
made by fixed salaries, and in civil suits the fees
Of clerks and marshas should be about equal TO
the average of the fees allowed State officers for
similar services, but uniform in all the States,
even should it be found necessary in some cases.
where the aggregate may not yield sufficient COM
pensation, TO make up the deficiency out of the
Treasury.
Every facility should be afforded to suitors to as
sert their rights in the courts of the United States
The exorbtant fees which now constitute an al
most insuperable obstacle to seeking redress of in
uries in those tribunals should be diminished.
The Federal courts are daily increasing in their
relative importance. The tribunals of the States,
being more exposed to the influence of local preu-
dccs and popular excitement, less confidence will
be felt by non resident sutors in their impartial.
ty and independence; and when they have rights to
assert or injuries to redress in sister State, they
will desire to seek their remedy in the courts of the
United States
Similar considerations suggest the propricty of a
general revision of the salaries of the Judges with
4 view to render them uniform and proper
tomato to the labor and responsibility of the office.
The following table will show the amounts which
they now respectively receive;
Table Sho,oing The Salaries of the District Judges
Of the United States.
Districts. annual salary.
Maine $l,800