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


prsonment when confined, provided the act OF 1926.
he was not authorized by law 10 make compen in
this except for the seven days confinement after his
arrival
The Senate will what is the class of which
il is intended TO provide for The person who is absent
in foreign country. and IS, IN the Judgment OF the
officer here specified necessary as witness in criminal
pending in the courts OF the United States and
ming him SO necessary. he sent home to the United
States to attend witness IN court Now, the object
OF the amendment is to provide reasonable compsnsa
ton for the person who is thus taken away from bis
own pursuits and placed in custody Of an ofcer Of the
United States, and held in custody until he shall be called
on TO testify in the court. would remark that the
amount which specified for his per diem allowance
is fixed by the Comptroller dollar The per diem
which Is allowed To witness attending is 81 23. |
have not thought proper to suggest alteration. but
state the facts, and if any senator should believe that
higher compensation than $ 90 ought to be allowed,
they can suggest modification otherwise submit tho
| amendment as IT Is.
The question being taken the amendment. ii was
| Mr.. BERRIEN have no other amendments to sub
NIT, except that to strike out all after the enacting clause
and to what has been read a substitute will
propose that now unless some other member wishes to
submit amendments.
Mr.. DOWNS. | have an amendment which | wish to
offer There is clause in the first section in relation to
the fees OF district attorneys, which is as follows;
"For his services counsel rendered the request Of
the he ad OF Department. such sum as may be stipulated
or agreed upon"
Ipropose to amend by inserting after the word depart
ment, the words in important requiring great
labor learning time, for ervces rendered or to be
uered; 10 make the amendment complete, propose
to strike out the last three words Of the clause, or
agreed upon" and insert or allowed by the said depart
ment" The clause will then read
"For his services counsel, rendered the request Of
the head of deparmenyor in important requiring
labor leaning ne for services rendered or to DO
rendered such sum may be stipulated or allowed by the
said department"
There are certain cases. all know, where there are
great labor time, and learning required and thee ought
TO be discretionary power vested in the head OF the do
parment in regard to the compensation in such cases.
which believe they have always exercised heretofore.
it contemplated by the bill in particular and
do not see why should not be applied TO the cases
have mentioned.
Mr. CHASE | hope that amendment, will not be
adopted AS the bill now stands it provides extra COM
pensaon in all cases where the head OF the department
may think 1t proper to require it. II the amendment OIL
ered by The from Louisiana should be adopted,
ment of additional counsel 1t would leave it the dis
creon of the district attorney in several States, and all
that would be necessary would be to obtain subsequent
allowance of the head of the department to the engage
ment which should thus be entered into. | have had
conversation with the head of the bureau in which
this bill originated and my impression M that one 81 the
Mr. BERRlEN Ii | understand the object of the
amendment il is invest the head of department with
power, after service shall have been rendered in
the class Of cases proposed to make allowance which
has not been originally agreed upon Now, IT does not
to necessary specify these classes in the man
ner in which it is proposed to do in this amendment
important requiring great learning labor, or
me-because is to be presumed that the head OF the
department, who is to make this allowance will confns
men therefore, to be unnecessary But the edect
and operation of it will be this In any in which the
which requires extraordinary labor, he may 90 and
conduct that and the head OF the department will be
permitted after the service shall have been rendered. 10
make him such allowance IN addition to the compensa
ton provided for by this bil he shall deem proper
Now submit to the Senate, whether that is not invest
ing the head Of department with very large Power'
In any case where there degree of mPortancee and
| necessity for extent Of labor which should require
justify this additional allowance il would seem to
,h.x h.. ~ k~~A
the department originally, that he should consider
whether this case for such allowance, and that he
should stpuate the extra compensation which should be
received and that is exactly the provision OF the bill Il
Of that character upon the representation OF
the attorney of the United States to the head of the de-
parment, he must stpulae the additional compensation
which shall be allowed But this amendment proposes to
20 further and say that after this service has been
rendered, he shall be vested with discretionary power
TO allow whatever compensation he may deem appropriate
10 the submit 10 the Senate that this 10 rather too
large power.
Mr. DOWNS consider that the amendment which
offer carries out nothing than the very principle
which is adopted in the amendment az reported II al
lows the head OF the department TO allow hateve CON-
pensahon he thinks proper in particular cases All the
difference that my amendment makes is. that ii extsnds
The application in but in both it 10 left en-
tirey at the discretion OF the head OF the department
| very imperfect one Indeed, scarcely know what II
means because il reads "for his services ~ coun-
sell rendered at the request OF the head Of department
such may be stipulated or agreed on" Does II
rendered at the request OF the head OF the depart
ment in when the law does require the duty
II il required by law the request OF the head OF the
department ought not TO make any difference with II
though il the service rendered. whether be request
ed not If extraordinary services rendered. he ought
| 10 be compensated
will state to the Senate the reason upon which this
proposition is based and think il the only Just foun
dauon for the very great power, indeed which ia given
to the head OF the department the provision stands
at this time. Although the fees allowed by this bill may
be reasonable and proper ordinary and although
may be perfectly right and proper, in consideration OF
he of nj
and the public positions that they hold. that they should
take fees little less in amount than is allowed TO coun
sellos ordinary yet know by experiences fnet
there in which the United States concerned,
requiring the greatest labor and ability in which the
eminent counsel of the United States engaged.
and which the interests OF the United States require they
should be engaged in, which should not be 90 treated
We have hall dozen OF these important suits in New
Orleans. For instance we had suit there in which the
whole square upon which the mint stands, and which
worth half a million OF dollars, involved. Now,
to allow the small ptaDce that allowed here OF
$40 or ST. to the distinct attorney a like this,
where the counsel the other side received 10000,
is hardly what should think would be Just and proper
There Is also another which has Just been argued
a the Supreme Court Of the United States, embracing
millions OF of land in the State OF Louisiana
Now il would be perfectly ridiculous of the dis
rct attorney IN case OF that importance, which TOOK
weeks to Discuss and which enlisted the ables counsel
both above here and below. Why, would be nd'cu.
ous TO turn him of with the palry compensation OF S!0
or S7 Tor his services you pretend TO pay h'm y ALI
give him something of moment There bave oeen many
OF these my State and have no douet mat
in other States there have been extraordinary cases, IN
which would not be safe apply prAcple OF that
kind. think, therefore, that the principle OF the CON-
mittee in allowing discretionary power with the hood