The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-17

dcOn IN The euefdl tndt ihay eoo' '~
lunae debtor five or Ten times as much as y woad -
brought in the State courts, and put him TO gea yea
of Inconvenience. Suppose the debtor has an oise'
which the creditor refuses TO allow him or, ana me az
ton brought in the federal courts, and the osei souu
be allowed and leave balance OF one hundred dolais
which should be recovered by the plaintiff here woaiu
be twenty dollars OF lee TO the successful
to be paid by the party losing hundred dollars Wouu
that be lusti . .n,,
In my opinion there is proprety and never was any
proprety in giving the successful attorney one cent from
the pocket of the unfortunate debtor what piopIeW
can there be in requiring the unsuccessful deienua 70
pay for the attorney who proseeu,es NM % 10 oh,sc
lion. The legislature OF my State has long since aA'
shed the fee of the attorney, as 1t is generally le"ed
and now pretend here that you are reducing tue ices
when you leave tins provision in the bill is an assertion
not supported by fact II rs but transfer OF .he
tax now, by rule of the United States courts IS oe
eve ten dollars You reduce the marshal and the CLERK,
who perform the labor and give The successful attorney
twenty dollars in place OF ten dollars =, .o
goes to the jury ten dollars if it does not
i Mr. ADAMS am aware OF that, but there is no pro-
priey in the provision all and II smore Objectionable
10 retain the feature TO which allude than TO have no
bill passed know there are many abuses which ought
to be corrected bu what ropeiy what reason Is lere
in requiring the unsuccessful party TO give he success
ul attorney twenty dollars out OF his own pocket Men
often differ honestly regard 10 their rights, and II Is
very difficult to determine which IS wrong, ana
The man who is unsuccessful, and has the Judgment OF
The court against him. and all the legitimate costs TO pay,
ought not in my opinion, to be taxed with twenty dol
lars more for The successful attorney. There is
sderation requiring this payment # seems TO me- Inc
client gives the attorneys reasonable compensation Tor
his services. He gives him per centage upon the
money which he collects; and TO make the unfortunate
debtor pay for The collection OF the debt IS wrong IN
principle
| wish, however, TO throw difficulty in the way OF
this bill and understood that the senator who had charge
of it would be willing agree to the amendment and In
fact, drawn up by him at my suggestion lie has
objection to lis principles but his suggestion 49, that II
we adopt il we may lose the bill IN the other House
| Let me remind him that there many amendments
which have been made at the suggestion OF the Commit
tee the Judiciary, and if this amendment should be
adopted by the sanction OF the Senate the House OIL Rep
esenatives will not inquire to this or any olher par
ticular amendment whether it was recommended by the
committee put in by exercise OF the Judgment or
the Senate | shall insist upon my amendment, and |
would greatly prefer, much as desire to see the preva-
lent abuses reformed, that the whole bill should be lost
rather than that you should increase in place OF diminish
ing expenses by giving twenty dollars 10 the successful
attorney IRON the pocket OF the unfortunate loser Oh the
suit.
i Mr. BAYARD II seems to me me that the same OBJ
lection pertains TO this amendment 10 the former one
that is seeks 10 alter bill whose object IS not merely
reduction but uniformity as TO conform to the partcu-
lar Stale practice. That, think is sufficient objections
but have word to say reply TO the remarks OF the
honorable senator from Mississippi, the view which
he takes of this compensation TO the attorney he seems
TO suppose that lis object to favor the attorney Not
IL favOrs the client.
The question has been often mooted TO whom the
obligations of the expense Of iigated suit should fall
upon-whether costs should be allowed to the party who
succeeds in the contest, whether costs should be
allowed, and each should pay his own But, generally
speaking, all courts certain amount, al all events, IS
allowed the party succeeding in the shape OF costs,
on the ground that he who, either IRON error oil Judg
men Intention chooses to compel his opponent TO go
into court OF justice TO contend for rights which he
there establishes ough, to bear IN part the ons ior ther
recovery. That is the principle which costs are al
lowed, well to the attorney TO clerical and nnse-
rial officers. know not how il may be IN the State OF
Mississippi may be that the attorneys there do moth
ing and that the marshas and clerks may do everything
is so, however, within the range OF practice which
has within my experience. either in my own State
in the State of Maryland in the State OF Pennsylvania
or in the State OF New York.
MIR. ADAMS. II the senator will allow me | will
explain the course OF things IN my State We formerly
had tax fee In our circuit courts, bat 1t was alter
wards abolished and lis abolition did not In the least de-
gree affect the amount OF compensation which attorneys
charged for the collection OF debts or the bringing Of
suits. The fee simply bonus TO the Attorney and
experience showed that its abolition does not Affect IN the
| least the party in employing and paying counsel
Mr. BAfARD. ! have no doubt That The allowance
OF the fee does tend reduce the OF the successful
pary but If understood correctly the honorable
aio from Mississippi, the costs which the party would
recover for the attorney in the State OF Mississippi
in the State courts would be from eight to eleven dollars
Mr. ADAMS. Nothing al all.
8 Mr. BAIARD. Then, they allow no COSTS and was
mistaken 10 that point But for myself, | bold the
principle to be sound tina, the party should pay some
costs and hold, further that il follows from necessity
that II these costs are reasonable as matter oil compen
saion between the counsel and the client who succeed
they will amelorae the extent OF the counses chag,
against his own client
The principle in Mississippi, il seems, is this; tba
u
defence, where merely for the sake OF gaining time tbs
debtor denies the existence OF the debt, and then gives
judgment matter OF FORM and gains time TO which
he would not otherwise be entitled, defendant rs not
quTed 10 pay costs in any proportion degree
him who sues him. hold that principle to be utterly
Just.
So too. in lgaed cases Litigated cases may aris,
either from Intentional wrong the part OF the plaintiff
defendant, they may from ignorance the alb
take criterion except that the party who, when h
comes fairly into court OF justice, fully represented
oses the case, ought 10 the individual whou
he has compelled TO 90 there IN order 10 assert b
rights. ! hold IT 10 be certain that that remuneration
does not give TO the attorney particle more thar
, he would otherwise receive. What lawyer IN thi,
0 body supposes you could try liiigaied in h,
: courts of Mississippi, or anywhere else, where the
slightest amount involved for attorneys fee o
twenty dollars No lawyer would do it His own eli
! ent would have 10 pay him beyond that amount. Be
sides, this bill understand allows 10 the attorney
docket lee OF only ten dollars Tor the simple collection
where there is no jury trial speak from experience
, from what understand OF the practice OF New York
when that, under The system OF costs there, lawyer
formerly did not charge any collection fees TO their owr
clients. but satisfied take the costs OF the case
Subsequently when those down, they 20
to charging small amount, and yet throughout the mid
die Safes the general charge for collections five pc
, cent.
| am perfectly satisfied in my own mind that the pro
vision contained in the bill which the senator from Mis-
sssppi amend will have the effect of reducing
the expense OF the party collecting the debt, which il
withheld merely for the purpose OF delay and, be
tween the delaying debtor who has defence, and hs
creditor who has Just demand, think every prnc
pie Of justice that debtor is entitled pay proportion o
The compensation for the recovery OF the claim.
II Mr. BRADBURY rise merely 10 express the hon,