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


have no, been Iepdsred The claims will be dsrs
gsrded but there have hesnsesyices actually render
ed Contemplated by The sxhtng laws which cannot
BIO compensated oader ihsss awe is but just that we
should place the department in that condition that Will
enable make settlement etthese claims, and To see
that justice 1 awarded 40 sbs claimant Taking that
view Of the question: shall Alainy vote for the amend
Mr. BERRIEN II the senator has finally modified
his amendment ask il to be read
The aMsndmept as mod ihed was read as follows
as = s Of s1dM and aY ssss ssn ss
slowed by sneh attorney the bead Of hs proper depart
CONF -atioD therefor" 1. .# Gr
Mr.. BERRlEN That unquestionaby does not EN-
brace the class Of referred to by The senator IRON
Louisiana MIR. SouLEl ! perceive that IN The amend
by law, omitted, and il is that class OF cases to
which The senator from Louisiana Mr. SoULEJ referred.
The amendment then, stands upon It's original loolnS
power 10 make an allowance In every case where CLAIM
has been presented for extra service and labor
in which was provided for by law That is liable
TO the difficulty suggested before except that
will be confined to the cases IN which those district attor
neys who. content with the compensation which the
law provides have made claims upon the government for
extra compensation while it will exclude those more
modest men who having performed these services have
been conlened with the compensation which The law
allows The objection remains, therefore, as 1t was
Mr. SOULE. The mover OF the amendment author
ICES say that he will accept the modification which
now suggest by adding the words alluded to by the sen
which brings il within the view had taken OF the
amendment The amendment will then read;
"And that in case Of pending or unadiusted claims
ed by such Attorney in GASES not provided by law
the head OF the Is heIsby aalh9l5sd to ADJUST
and allow reasonable compensation thereior'
Mr.. CHASE. Mr.. President. this bill, reported
from the Committee on the Judiciary, contemplaes
great and beneficial obeca uniform regulation OF tees
throughout the United States hoped, and still hope
that the Senate will not TO engrah upon it any
provisions which not germane to The bill iselt AS
view the proposition OF the senator from Marylan It
to refer for adjustment to the Secretary OF the Treas
ury certain claims arising in where there Is no pro-
vision OF law, which have never received the action OF
Congress, the examination OF any OF its committees
without the examination of the appropriate body in this
bill for the regulation of fees Ii would seem TO me that
This simple consideration enough to decide The fate of
the amendment with those who really the friends OF
the bill for it very obvious that if the bill be loaded
with provisions OF this character, its passage will be ex-
tremey doubtful if not altogether impossible. The dis
trlct attorneys Tor whose claims, without Limitation OF
numbers, without any ascerainment of amount, we now
propose 10 provide adjustment have performed their
labos, and have accepted their fees under known laws
| They knew when they entered upon their duties lhe
amount of compensation they would receive; and that
compensation, ii understand i, is beSal. believe
goes high as $4,000 per aanum by the allowance OF
The department. And, SIT, they go beyond that All oil
these district attorneys engaged in extensive practice
Their office does not preclude them from engaging
all the practice OF the court. aud receiving all the EN-
ouments attending upon their practice and they charge
suggested by my friend from New York. for assist
ance besides. seems 10 me, them that ough to al.
low these district attorneys to rest upon the provisions OF
the existing laws Let them bring their accounts 10 the
proper department Tor adjustment, and II they have any
CLAIMS which the department not willing 10 adjust then
let them do as the senator from Georgia suggests bring
them here 10 the body which creates the Office, and pre-
scrbes the compensation, and let Congress decide as to
whether there any reasonable ground for the addition
al compensation; and when they have so decided will
| be time enough TO refer them to the department
| Mr.. PRATT. The senator who last addressed the
Chair pat his objection TO this amendment upon the
ground thai 1t Is hot germane TO the bill. Now, pro-
to show that this obecton which appears to be the
only urged by the senator, is uniounded What is
the object OF the bill Ii is to give to the head OF the
proper department the authority, all OF sufficient
mag TO require it, agree with the district
ney to give him additional compensation. That is the
object OF this bill and what the object of the
amendment IL Is in reference To that class of
where the services have been performed and where
there existing law which authorizes that head of
me department TO make similar compensation 3d.
then, the same provision for the same class OF services
rendered IN the same way Is not gernane to the bill,
want TO know what would be
do not MIR, President. any reasonable objection
that can be urged against the amendment as II now
stands. The class OF cases which il is intended to pro-
vide tor must necessarily be very few II is confined, in
the first place. TO that class OF where claim has
been made 10 The department, and where that claim
stands unadIusted-and where stands unsdjusted. be-
cause there IS no existing laws authorizing ITS uslment
so that there are three limitations upon the class OF
claims which the aInendme II will apply TO, which must
bring II down to very narrow limits. IL must be claim
which the existing law does not authorize the department
ment; aud II must be claim that has remained unad-
Jused Therefore the class OF claims which are to be
provided for by that amendment must within the
narrowest limits.
Bu IN the next place. permit me to ask why, IN pTlncl
pie ought not these persons to be paid The Argument
OF the learned senator from Georgia TO the original
amendment unanswerabe. Ii was that il went back
TO the commencen, OF the government and that author
zed every district attorney TO bring Tor dustmen every
clam, whatever might be- that he might have, although
that claim may have been long SINCE paid by the de.
partment. But the amendment rs now restricted, and
ask why should not these claims come before The depart
meni for adjustment What is the occasion and the
cessity for TINS amendment As earn-and ask the
attention OF the senator from Georgia Mr. BERRIEs1 10
the fact that am about TO sste that may be
reced II am mistaken understand that prior the
last administration OF the government the decision OF the
Attorneys General who had preceded that adninistra.
on was, that the class OF claims to which this amend
ment applies, was provided for by law and when these
claims presented to the department they ad.
lusted and paid Therefore, II the Interpretation OF the
existing law had continued II interpreted BY
those Attorneys General, this amendment would no,
Attorneys General has decided that there no existing
law which meets these clams-ihis class OF cases
that here the decision Of the last Attorney Cen
era differing from that OF his predecessors The various
district attorneys that entered upon the discharge oil their
duties under the decisions OF the Attorneys General who
have preceded this last one, have done with know
edge oil The Interpretation put upon the law by those At
torneys General and they had right 10 believe that they
were to be paid according 10 what given TO their pre-
decessors But the present Attorney General has placed
construction upon the law different from the before
given and the only effect OF this amendment is enact
the construction which has been invariably heretofore
m cd Tho latu fhara