The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-25
CONGRESSIONAL.
SPEECH OF HON. J. w. BRADBURY,


Delivered in the Senate February u. 1885, the bill tt
regulate the fees and costs in the circuit and dstric
courts OF the United States. g4
Mr. BRADBURY said: Mr.. President. this bill is de
signed TO accomplish important object. and hope i
will not be defeated, lis efficiency destroyed by amend
ments II seeks reform where reform is very much need
ed and while ask the friends OF the not 10 al
low its defeat BY amendments will avoid bringing about
The same result by too much speaking on my part a
few remarks may be necessary. and will be as bre as
possible This bill comes 10 us from the House and
having been confded to my charge by the committee OF
The Senate whom il referred, have ielt II TO be
INV duty 10 urge it's consideration upon the Senate. Be-
yond this l have no other solicude than that which
should be common 10 every senator
The bill is designed to regulate the fees and compen-
s.ton OF district attorneys marshals clerks commission
era Jurors, and witnesses in the circuit aud district
courts OF the United States, and 10 prescribe the costs
which shall be taxed and recovered in these courts
two objects in view, and brief reference TO the exist
og state of things, and the fragrant abuses that have
grown up under the present system Will demonstrate the
necesslty OF some measure OF the kind
There 10 now uniform rule either Tor compensatng the
ministerial officers OF the courts, or Tor the regulation OF
the costs actions between private sultors One system
pre walls in one district and totally different in
other; and in some il would be difficult to ascer-
tain that any attention had been paid 10 any law what
ever designed regulate such proceedings. The act of
February 49, $780, which is the basis Of the present sys-
lem. contains bu, partial and imperfect fee bill For
attorneys, prescrbes the fees In admiralty cases only
with per diem for attending court and small annual
salary and for services not specially provided for, il
allows the same compensation to attorneys and mar
shals a. allowed by the State statutes to attorneys and
shers fer similar services rendered in the supreme court
OF the respective States For clerks, in addition TO the
per diem Of FIVE dollars for attending court II adopts the
came rule with one third added to the amount 1t will
hence be secn that the compensation Of the officers and
the costs taxed in civil suits, are made TO depend IN
great degree on that allowed II the sate h a.
When this system was adopted II Rad the seHolahce
Of equality which does not now exist mere were men
but sixteen States. in all OF which Inc laws prescribed
certain taxabe attorneys Tor the prosecution and
defence of suits In several OF the States which have
since been added to the Union. no such cost Is allowed
and in others the nconsiderabe As the State
fee bills are made far the rule OF compensation IN the
federal courts the Senate will perceive that totally dit
ferent systems Of taxation prevail in the different dis
,cs In some the district attorney receives no compen-
portion OF his most important services; while in others
his fees are and the amount of cost which the
losing party 10 made TO pay TO the attorney on the other
side 10 CIVIL Salts large to be hagrany oppres
sve II is not only the officers OF the courts but the
sutors Also that affected by the present unequal
trayagant, and often oppressive system.
Take for example, the case OF the district attorneys
In some of the States. where taxable costs allowed
10 attorneys large amount of business has been thrown
upon the district attorneys, in the settlement of land titles
in which the United States were interested, and no COM
pensaon whatever be allowed 10 these officers for
their services in such In other States where a
different system prevails in the State courts, adequate
and even extravagant fees allowed for the same
services So, too, in criminal cases. great inequality
prevails In Georgia. for instance, the district attorneys
fees for attending criminal prosecution are five
dollars In Pennsylvania they are six dollars In New
York charges have been made to the OF three
four and five hundred dollars for precisely the
vices 10 Virginia still different rule prevails, and
twenty dollars are usually allowed for indictment.
and from fifty TO hundred dollars for attending TO
criminal prosecution, under a discretionary authority
given TO the court determine the compensation in the
districts in that State.
The abuses that have grown up the taxation OF at
torneys fees which the losing party has been compelled 10
pay in civil suits have been matter OF serious complaint
The papers before the committee show that in some cases
those costs have been sweed TO amount exceeding y
oppressive to sutors, and altogether dspropoonae TO
the magnitude and Importance of the in which
they are taxed or the labor bestowed have bill be-
fore me where, upon recovery of $50 damages in
aendances &c, to than $40, and the clerks and