The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-16

There are very important State trials gong on IN
United oyales have been employ ed Ii has happened that
during the term of service OF the late district attorney oil
New lOfsanss 1htisa'lons OF large amount involving
al the United States than perhaps ever be-
lore were involved, before him. and were tried
there They involved millions Of the most valuable land
and town properly N .hs ey Of New Orleans h
old United States Bank Now, while we are providing
Tor the future, must We shut the door on the paste The
sc nator from Maine knows that there are almost in
sumountabe difficulties individual obtaining Justice
when he has claim against the United States here.
We have passed board OF accounts; but il has been
defeated IN the other House We have table loaded
with some 400 500 bills of them private bills,
which we will not be able reach this session. while
many OF the applicants are suffering from want Now,
for techncaity, will refuse TO grant the means
OF having justice done here, when have in our
power TO do justice in OF the strongest possible
This not however to be applied to particular
but only to allow the head OF the department to make
reasonable compensation such justice and equity re-
qulre; Certainly the gentleman must be very much
afraid OF these heads OF the department If he is afraid TO
refer the justice OF the claim to the very head OF the de-
parment that turned him out OF Office hope then that
the suggestion that made by the senator from Maine
in opposition to this amendment, was given hastily and
upon reflection he will think this is which will not
require the opposition he has shown;
Mr.. BRADBURY. certainly feel no zeal one way
or the other with regard to the amendment OF the senator
from Louisiana The suggestion that made was, that
thought the amendment would be incorporating into
bill provision that would operate inurousy !would
infinitely prefer that the bill should spuate that the pro-
per accounting officer might make settlements for the
past and that for the future there should be an express
provision that when extra serviceso the character
tempaled by this portion OF the bill-are rendered,
an arrangement should be made in advance, that the
government might know the extent to which the de-
mands OF the prosecuting attorney may 60 am
perfectly aware OF the Importance OF the services
| rendered in the to which the senator from
Louisiana refers. have no disposition to undervaue
these services; but alluded to the circumstances be-
cause deemed it Objectionable to incorporate private
claim upon bill OF this character But that not
so Objectionable as was to make provision which
deem injurious TO the interests of the public for the
future appears to that the senator from Louisiana
will better attain his object by applying to the depart
ment, which will undoubtedly make an allowance up to
| the maximum of the law-$6 900 year. That will do
something like Justice to the district attorney to whom he
refers We should recollect that the judges of Su
peme Court receive but 1880 annun and that they
render services aruous and important any other
| Mr.. BERRlEN. The difficulties which are suggested
by the senator from Louisiana arising from variety of
causes and from the omission OF legislation having refer
ence TO the subject the different States il precisely
the object OF this bill to remedy AS the fees of the Off
GERS OF the United States are now regulated they depend
hrst upon the laws OF the United States second upon
the laws OF the different States which have been from
time TO time adopted referred to in the legislation of
Congress and thirdly upon the usage and the practice
which has grown up in the different States the absence
OF legislation applicable TO the subject 1t precisely
obviaie that of things that this bill is submitted to
the consideration OF the Senate Permit to say that
the object, effect and operation OF the original provision
OF the bill OF The Judiciary Committee. which II
templated 10 amend, seem TO me TO be misunderstood
provision IN the amendment which has been submit
ted by the committee proposes that whenever extra
service rendered by district attorney, the request OF
the head OF department. he shall be allowed 10 receive
such compensation may be stipulated or agreed upon
What is the effect of that provision Is TO invest the
head OF department, as the senator from North Carolina
seems to suppose in that class OF which spoken
OF by the senator from Louisiana, with power stpu
late IN advance COMPENSATION additional to tina, which
is allowed by law Do you mean, after having by law
liked the compensation OF the district attorney his salary
and his fees, to transfer TO the head of department the
which
tfc attorney may have performed services which
adequately compensated by The existing law That is
not the object of the provision. Those which fall
within the sphere OF the ordinary duties OF the district al
torneythose services for which compensation is pro-
vided by law-reman untouched by this provision But
there are services which district attorney may be
qured to perform tor which compensate other than
the inadequate compensation resulting from his salary is
stipulated The effect OF the provision is to allow the
head OF department. in such where compensation
is not stipulated by existing laws 10 stpulae and agree
on the compensation which shall be allowed The efec,
Louisiana to place whole legislation upon this sub
ect, in every in which the head of department may
think that extra service has been rendered. at the dis
creton of the head OF that department
IL said that the district attorney frequently performs
labor which is nadequately compensated by the pro-
visions of the existing law by the contemplated pro-
visions OF this bill Grant H. There such cases, bat
there multiplied cases, IN the ratio of ninety nine
one IN which he gets compensation for extra labor
for no extra skill which does not belong to ordinary
clerk in Office Taking the cases en- masse the com.
pensailon rs deemed by Congressthe inference is de-
duced from their egIsation-to be adequate compen
saon and that adequate compensation is obvious
from the fact that the Office OF the district attorney does
not go begging under existing laws There are an
abundance OF competitors for this office II can be well
billed under the provisions OF existing statutes 1t is not
necessary IN order to have this office well filed that you
should invest the head OF department with power to
give compensation for dunes which prescribed by law
and the compensation for which prescribed by law be-
yond that compensation No. it provide for cases
In which the compensation not fixed by law which are
beyond the ordinary routine that proposed the head
OF the department should be armed with power in such
cases in advance to stpulae the compensation which
should be received. Otherwise, II the amendment, which
is proposed should be adopted, whole legislation
on this subject would become entirely nugatory. II
would be placing at the discretion OF head of depart
ney. The fees which allowed in cases where he has
no extraordinary services TO perform where there
none performed but the most ordinary seyices attendant
upon lawyers Office are compensated by the existing
law, and these II is not proposed to diminish by this bill
Taking the multitude OF in which the district atior-
ney receives this compensation, he receives upon the
whole compensation which is deemed adequate, al
though he has extra labor 10 perform in few pac
ular cases The proposition in this give TO the
district attorney an extra compensation submit TO the
consideration Of the Senate the idea that il would be
safer 10 allow the district Attorney according the sug
geston Of the Attorney General to Congress and
services have been performed in order ask from them
an allowance beyond tina, which has been provided by
law, than to refer the head 81 department each case
winch may arise, asking us 10 90 beyond the compensa.
ton which the law has provided
As the will stand under the provisions OF the BILL
the district attorney will receive the compensation which
's provided by law for the discharge of his ordinary