New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-12-05

courts became eNtrayae ant. To remedy THIS evil
| p'ovIso inserted IN the general appropriation
| act approved March ,, ls4l. to lint their fees IN
cases here Their afgr6 gate Compensation exceeded
| 81 goo % The fees allowed ny the Sta statutes 10
attorneys, shenfs and clerks for similar services
Difficulties having been experienced Ia administer
rc this la" because couc not be known until the
| eId of the year whether the compensation Of the
cfCer woulc exceed 81 SEQ or not and II was there.
foIe impossible fer him TO tell by what rule ne should
graduate ms charges. pToyiso was inserted N the
appropriation act Of 1872 requiring all those ofnceIs
oIeiun tnfi annual accounts OF their emoumenis
ano nlrg the charges m al cases IN the clstr CTS
Of New.York to those Above by law 70 the officers
of the hiehes, courts Of original jurisdiction Ia tnat
stale. SCne Judges have held that the pfoviso IN
The act OF 1Sil vas temporary IN ITS character ana
expired by limitation. Others have held that Il was
repealed by the pTOvsO in the act of 1872 and con-
sequeLly that the act of 1879 furnished the only
standard for calculating their fees and thus the
whole subject Il nvolEtd IN confusion and dnhculty,
and the practical effects are inequality and injustice
The report OF the Controller exposes many ingen-
ious devlces by which exorbitani compensation mas
leen obtained BY Marshals, Attorneys and Clerks. 10
which invite your particular attention 1t Will be
set that Attorneys have in some instances received
as many as TWELVE RETAINING FEES IN the same
cause and a like number OF fees for making out
briefs and coming TO Court prepared for thai In one
case a District Attorney and his predecessor re-
ceiy ed aggregate of fees in single criminal pros
ecutIcn Of lear FIVE hundred dollars, waen In some
Of The States he could by possibility have received
more than twenty dollars for the same service, ana
IN others not so much
In some States the practice prevails Of suing out
habeas corpus to bring prisoner from the jail into
Inc Court and formal warrant TO return him 10 jail
again and If the Trial continues week, smla pro-
ceedings are instituted from day to day. SO also'
when witnesses are committed to custody IN &C.
fault of surety for their appearance they are 0rouht
out from day TO day often as they may be needed
TO testify and returned again to prison by the same
complicated and expensive proceedings
As further illustration of the confusion OF the law
IN regard to the fees of officers of the Courts, will
stat, d single example: The law establishing courts
" New Mexico and Utah provides IN substance that
attorneys III those Territories shall receive the
fees and salary as the Attorney Tor the Terri
tory VI Oregon. Upon turning to the act establish
ING Courts In Oregon 1t Is found that the Attorney
fof that Territory was 20 receive the same tees as
VCre allowed TO the Attorney for the late Territory
Of Wisconsin ard on examining that act 1t is found
mat that officer entitled to receive the same ices
and salary the Attorney for Michigan Territory,
which described ia the act OF February q, 1913,
cheating the office Of Attorney of the United States
iof each Of the Territories being the usual fees
u oTIcs,' and an annual salary OF $3.50. here are
five references for attorneys fees in the Territories
Of New-M Mexico and Utah. which utterly fail to lie ad
10 any satisfactory result for want OF certainty and
Is with regard TO the fees of attorneys and clerks
in Mime sofa and Oregon. In the Territory OF Mich
lgan the statutes allowed attorneys no taxable fee
costs and the Controller states that none there
fore could be allowed, according TO law in the Ter
Tory of Wisconsin, and that none can be allowed 10
the attorneys in Minnesota, Oregon, New Mexico OF
| tab.
might proce ed to point out many other defects,
obscunties, and incongruies in the laws, and many
fragrant abuses which have grown up under them .
but, there has doubtless been enough SAID 10 ali
the attention OF Congress to the subject, shall con-
tent myself with A reference to the report OF the
Controller for more full and detailed information.
Enough will appear from that to warrant the recon-
mendatlOn that all the laws relating to lees DE
promptly and carefully revised as to secure uni
fOrmlty IN compensation and to prevent future
abuses. Justice and true economy require that the
compensation of all public officers should be sufil.
cent to command the services of men OF talent ana
character, But it should be uniform IN all parts oil
the Union, having proper reference TO the expense
OF living and the amount Of service. In no event
should there be such disparity as now exists nor
should the compensation allowed to mere minis
terial officers bear such disproporon to that OF the
Judges. AS far practicable, the compensation oil
Attorneys should be made by fixed salaries, ana IN
civil SUITS the fees of Clerks and Marshals should
be about equal 10 the average of the fees allowed
10 State officers for similar services, but uniform In
all the States, should 1t be found necessary III
cases, where the aggregate may not yield sui
hcient compensation, to make up the deficiency out
Of the Treasury.
Every facility should be afforded to sutors to as
seri their rights In the Courts OF the United states
The exorbtant fees which now constitute an almost
hsuperable obstacle to seeking redress OF injuries In
those tribunals should be diminished.
The Federal Courts daily increasing IN thelr
beas Poaee ., line me OF 81
dices and popular excitement, less commence VIII
be felt by non resident suitors In their importantly
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 propIety OF
general revision OF the salaries the judges, win
view TO render them more uniform and pIoportionate
to the labor and responsibility OF the ofhce Inc fol-
lowing table viii show the amounts which they nos
respectively receive.
TABLE slocng the Salaries If the District Judges Of
NI.F.1