The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-18

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not IT adds TO what he does receive such amount as
will bring il up 10 five hundred dollars This, Mr.. Pres.
dent, less Objectionable when we consider that by
general law the compensaons OF various officers in the
United States where there great dea OF business
limited to certain amounts, and all the residue required
to be put nlo The treasury OF the United States Why
not take small proportion OF that residue and distribute
il amongst those officers whose compensations
little 1t is impossible that decent services be
manded and The duties OF the Office discharged properly
and must be borne mind that II is not merely to get
man to do tins business, but who must have a
certain amount OF qualification. How do you expect 10
obtain such officer for clerk OF the circuit OF the
United States Tor less than four five hundred dollars a
year!
| Mr.. BERRIEN Mr. President, the senator from
North Carolina INIT BADGERl says tina, i this amend,
men proposed by the senator from Maine, Mr. HAMLIsl
shall prevail il will not benefit the clerk of the ccui.
court Of North Carolina. The senator is misnforu,sd
when he says that under the existing provisions of the
law the clerk OF that court receives small an
amount The returns snow that the clerk OF The circuit
court received Sl9S 10 in 1876; $43l 92 in 1917 /;
| and Si2l SO IN lS4S. Now, sir, II Is mistake 10
suppose because there difference in the allowance for
the clerks certifying copies, therefore their compensa
ton will be reduced He is by this bill TO receive dollar
for issuing and entering every process, commission
mons, capas, execution, warrant, attachment, or other
wr except writ OF venire, summons, or subpoena Tor
witness lie Is to receive ten cents Tor hliDg and en-
terng every declaration plea, other paper lie is to
receive ten cents Tor entering return rule order or
continuance, or making any certificate OF less than
ioo lie is TO receive ten cents Tor administering every
oath or animation to Witness other person. He Is
to receive twenty hive cents Tor swearing traverse,
grand jury He then 10 receive, what the senator has
particularly adveed to- ten cents Tor entering any
iurn, rule, order, Judgment, decree recognlz ince
drawing any bond, or making any record Certificate re-
turn report, copy OF any such entry record,
OF any paper on hIe not exceeding one folio, and Tor
each additional folio ten cents he is to receive three
dollars or making dockes and indexes and for all other
service on the trial, argument OF where
is joined and testimony gwen, including venre and tax
ing costs
He is receive dollars for the same service if
an issue is joined and no testimony gwen and where
dscon!lnuance takes place, where the disposed OF
without trial, he dollar aud fifty cents
II you add together the amounts thus TO be received
will be that the compensatons OF the clerks of the
courts not diminished In addition to this, there is
provision that or venrs for grand jury dollar and
for entering satisfaction OF Judgment fifty cents; or
fixing certificate and the seal OF the 10 any in
strunen when required, fifty cents for ISSUING sab
pGnas twenty five cents. and for his travelling expenses
and his per iIen, I'VE dollars day Now, sIT IN al
dltion to this he is 10 get his office rent In the
presented by the honorable senator from North Caolna
Mr. BADGER,l in addition to the Office and enoumenls
OF that office he will have what will be proper consd
Grafton for the OF hls own building hope, there
fore. this amendment will not prevail.
Mr. BADGER, Mr.. President, the senator thinks that
compensation will not be diminished Now, sir, as
said TO the SENATOR you cannot ascertain that by looking
over these items This bill allows IN jury case, where
there decision and jury called, Ior making docket
&c, three dollars. This Compensation three dol
lars every case, whether there Jury or not the Law
OF North Carolina under the OF 1859. II every
instance undertake 10 say, II the table OF tue fees is
compared, it will be found that this will amount
II do speak conjecture about IT, have practised in
the courts know the iees and have examined the tab
ular s,aamenta prepared and published by authority
North Carolina therefore, speak ndvlsedly upon the
subject If 10 take il just it II modihca
ton is made; il the eveling system is TO apply by which
all are 10 be levelled down, not only those which
high, but those already too low, why, oi course,
sir. we have no assistance or relief.
The question being taken upon the first clause OF the
amendment, 1t was agreed io-ayes 81, noes H.
The question being then taken upon The second clause
of the amendment II was agreed To.
MIR HAhLlN moved to insert, after the word thereof,
in the lllh line OF The 81 sectlon the following
ITO be allowed and certified by tbs justice
signed the circuit and tue Judge OF the dsnc or one OF
them and the sum VIII. allowed aud certified shall be
passed the credit Of the marshal by the proper account
ing officer of the treasury"
Mr. HAMLlN A word or two in explanation of that
amendment, 1t will be that the preceding part of
the relates to the trial OF ceran causes there and
the expenditures which made by the marshal Now,
il that the court would be the proper person
TO certify 10 the charges which the marshal may make
for the expenditures which there take place II Is TO OBJ
viae this objection Ii the bill passes precisely 1t is
now the sha shall make the proper charges, aud he s
then bound send them here to undergo the supervision
OF the department. and to be approved II seems to me
that in relation all these changes that pertain TO these
trials, the court Is the proper certifying oicer and that
when the has certified they should be allowed
at the department and that they should not be Obliged to
come here for allowance IN the first instance.
Mr. BERRlEN. | submit the question entirely TO the
decision of the Senate, with single remark; which is
thai the judges of the courts according to my own expe
renee frequently loo much pressed by the business
of the courts examination of the details OF
the charges of the matshas. What has been deemed the
hitherto has been 10 let the accounting officer,
upon evidence afforded by the marshal of the expenses
certify to them. Having made this statement, will sub
init the matter TO the consideration oi the Senate
Mr. BADGER suggested that there was a mistake IN
the statement OF the 10 the existing law in
lation to the contingent expenses
The amend nent was agreed TO
Mr. HAMLlN To make the bill accord with this
amendment. II will be necessary further to amend The
same section BY striking out in the 10th line the words
Secretary of Interior, and getting his instructions in
the premises" and inserting said Judges, or one OF
them, and getting his approval thereof The last part
oil the section now reads
"Propded That the marshal shall not incur erpsnte
of dollars for lunltuTe,
or y dol a rent Of buildings and making improve
msnt- thereon, without first submitting statement or
the Secretary OF the Interior, and getting his
instructions in the premises'
II seems 10 me that the principle should apply 10
this provso; for very well imagine that there may
be where the court may require slight alterations
in the room and other eypen ures, where would
be extremely nconvenent send the estimates IRON a
remote State to Washington, in order to get the approval
Of the Secretary Of the Interior. The court, think,
would be safe n to give his approval, IRON his
personal inspection, no, more so than the Secretary oil
the Interior.
Mr. BERRIEN | am entirely content if the Senate
believe this to be proper duty to be imposed upon a
judicial officer.
The amendment was agreed to.
Mr. WALKER moved 10 insert the following proviso
after the first amendment moved by Mr.. HAMLIs, IN the
third section:
"propded ho,sspsr That the same person shall not hold
the Office OF clerk United States court. in
the same district when tho gross OF fees and
en- olumen. Of the said clerks during the next prsvoos