The Nevada journal., 1855-01-26
Mr. AshleY's Bill

Judgment. In the reductions it makes
IN nearly every case they are in matters
where little labor is to be performed, IS
for administering oaths or affirmations, fl
ing papers, &c. But the bill is generally
merclful in its nature, and pays fairly
where real work is to be done. Dana s
bill IS also before US. 1t is injudicious as
applied to the State generally, and will
have the effect, if it becomes a law, to
drive every man who has sufficient ability
for an Office, or character enough to give
bonds, out Of office, and leave the work
Of the counties to be performed BY such
poor skill as inadequate pay will COM
mand Dana's bill, to be sure, is intend
ed to apply only to San Francisco-but
there is danger its provisions will be ex-
tended over the whole State, if it passes
at al. Il would be very we'll to make a
variance between the charges in San
Francisco and elsewhere In that city
litigation is abundant, and the very mul-
tiplicity of work makes a low rate profit
able. We are informed that copyists can
be had in that city to copy AT 10 and -
cents per folio. In this county such can
not be had short of 20 cents per folio
pana's bill allows but 5 cents. Ashlcy's
bill gives 40 cents, which is the present,
and just rate. AS we said difference
should be made between such: city as
San Francisco, and the interior counties.
Such diffeycnee is no novel or unjust
feature Of law BY the fee bill Of 1850 a
decided difference was made in the fees of
the ministerial offices of the "cow coun-
ties y and the others. Laws need not be
uniform in their text-they should be
uniform in their effects. The object Of a
fee bill is to fairly pay public officers. and
a different rate of fees will produce a uni
form result, if judiciously adapted to the
circumstances Of the different counties.
But when the object of fee bill is
accomplished, namely, to fairly pay pub
lie officers, another is secured The pub
lie are well served. Men Of adequate
talents and experience come up for Of
flee when they can be rcmuncrated. Tn
der Dana's bill, if operating in this coun-
ty, the duties Of county Clerk would not
be half paid for No man of sufficient
ability TO make living otherwise would
accept the office. Yet the responsibilities
Of the Office are very great, and demand
peculiar qualifications.
Ashley's bill is 50 good in general that
We will not refer to several minor objec-
tions that suggest themselves in the de
tails In one point however the bill crrs
strangely, and we respectfully suggest to
its author an amendment. In reference
to the criminal duties of the Clerk of the
District Court and Court of Sessions, the
allowance is made of S5 for the trial Of
each issue, when the charge is felony {;
where it Is a misdemeanor, Of s.. Now
these trials are often prolonged fora week
or more, and it is rather hard to require
the attendance Of the Clerk Tor from one
to ten days for SO or So. He should
either be allowed the same fees as in civil
cases, Or else a per diem of say ST. The
associates Of the courts of session. whose
duties are nominal, have a per diem Of s..
We make this suggestion as Of the only ma
terial fault in the bill Amended thus,
We tru5t it VIII pass 1t reduces fees IN
many instances twenty five and even fifty
! l4ar cents 5ut in every case in judicious
manner, and where the labor is little.
II regard to Sheriff there is an cxccp-
whicA E:5uld improve the bill, if properly
amended. \ higher rate Of travelling
fees ior serving any process by which a
suit is commenced, or of subpmnas should
be allowed, or else the travel should be
computed both ways. The Sheriff has
often to travel twenty miles 10 serve
process, and woull get, under the
bin, but $40 for his pay, whereas his cx-
pen5es in searching for witness often
amount to twice that sum. He has 70
keep horse for such service, and the
expenses Of man and horse soon eat up
the amount allowed Material reductions
are properly made in his fees in cases
where little labor is to be performed but
we deem IN such service as that Of serving
process, he should be better rcmuneratcd
than the bill contempIates. The best
way to fix the matter Is TO allow the fifty
cents per mile, computing each way.
geA4. The Washington Uai,2 Of Dee