The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-10

sation limited yet the policy and spirit OF this law in
District Courts. II the existing law be and ought TO
be maintained then valid exist why this officer
should be made an exception.
The late Attorney General gave opinion that clerk
was collecting agent for the government and should
he held 10 account for all the fees OF his ooe received or
receivable deducting therefrom the maximum allowed by
lawo Now although the clerk or other officer may earn
a large surplus, still one half Of the maximum may
not have been actually received And, notwithstanding
the fact that they legally poweress in some cases
to collect their errnings, they are positively required
10 nav into the treasury with each semi annual return
any surplus which the same exhibits. The officers
claim generally that they have right to retain the com
pensaon which they entitled aud that they are
not in position TO retain II until Is actually collected,
which leads 10 much difficulty.
To remedy this, suggested that all clerks and mar
shas in the respective States and Territories and in the
District of Columbia, be explicitly authorized 70 demand
the payment Of their fees take security therefor when
they are no, M 10 ins
During the last session OF Congress an appropriation OF
one hundred thousand dollars made for the erection
of Court House in the city Of Boston. This was Goa
strued not authorize this department to purchase
building however suitable for the purpose The Masonic
Temple conveniently situated in the business part OF that
ty was offered the department for one hundred and
five thousand dollars Tho proposition As accepteo SUP
ec to the approval Of Consess and an estimate has been
The fourth section Of the act Of 26h February last
horizing the people of Minnesota 'to form constitution
and State government" made IL the duty of the United
States Marshal for said Territory o take census or
enumeration of the inhabitants within the limits Of the
proposed State under such rules and regulations should
be prescribed therefor by the Secretary OF the Interior
with the view Of ascertanng the number of representa-
yes 70 which said State may be entitled in the Congress
tf the United States.n
The necessary instructions have issued to enable
the Marshal to perform that duty and an appropriation
will be asked, as full returns of his operations
have been received TO defray the he has thus
been directed to ncurno provision therefor having yet
BY an act of the last Congress, this department
charged with the construction Of the following wagon
roadsOne from Fort Kearney, Nebraska by way OF the
South Pass the eastern boundary of California,
Honey Lake; one from FL Paso, on the Rio Grande, to
Yuma the mouth Of the ella river, and one from
Platte river via the Omaha and Dacotah city,
to the Running Water river.
Provision had been previously made for opening road
from Fort Rdgcy Minnesota to the South Pass, and ope
rations had been commenced thereon under instructions
from my predecessor
Work has been commenced on all these roads and mea
have been taken for its vigorous prosecution The
obvious design of Congress in these appropriations, was
to locate open roads which should meet present
gences the demands Of emigration and not to intro
duce a system of improvements which would require
| other and larger appropriations to be made, from
| year to year, for their completion With this view,
and to secure the speedy and economical construction
Of these great and extended thoroughfares, II was
| deemed expedient to appoint superintendent and
organize suitable corps of operatives on each road
Each superintendent was instructed to pass over the
entire length Of the section Of the route assigned him
locating the most direct ana advantageous ground,
and opening and improving il in such manner as to ad
| init of the easy passage Of a loaded wagon.
The immediate direction of the movements Of these
several parties placed by me in charge of gentle
experience and so soon as full information OF the
operations of the past season Is received, VIII cause him
make detailed report of their progress for the pur-
| pose of laying il before Congress.
The Fort Rdgey and South Pass road has already been
opened far west the Missouri river, distance Of
about two hundred and fifty miles and the country
through which il runs reported to rich and desira
BILE for settlement The appropriation for this work
has, however, been exhausted although some four hun
| bred and fifty miles remain to be completed To finish
this portion the road should be the pleasure Of Con
gress carry its original design, additional appro-
priaon of thirty thousand dollars will be required and it
! should be made at an early day.
The Joint commissi IN for running marking the boun
dairy between the United States and Mexico under the
treaty 80 1853 concluded its labors and adjourned
October and the commissioner part has turned
over 10 this department the maps, with one or two ex'
cepons, which in the hands of the engraver) jour
nails astronomical determinations aud other public pro-
| perty In his possession.
OF the report heretofore ordered by Congress to be
printed the first volume completed, and vii be ready
for distribution early IN January The second volume Or
appendix which contains the reports upon the zoology and
botany Of the region surveyed is stl incomplete. The
engraved plates TO illustrate this part of the
the custody Of this department, so far as they are COM
pleted.
During the last Congress- the Senate by resolution,
dered the printing OF Ave thousand extra copies OF the
port proper and accompanying maps, and two thousand
copies of the second voume appendix 10 be paid
for OF the fund appropriated for running the boundary
The Of this order will cost from thirty five
forty thousand dollars The resolution Of the Senate,
without the OF the House of Representatives
and the President will not furnish to this department
sufficient warrant to justify the payment Of these expenses
| out OF the fund designated
Ry the lsth section OF the act approved March g. 1887
the Commissioner of Patents is required annually, In the
month Of January to maze report Congress, detailing
the operations OF his bureau. This law enacted while
the office under the supervision OF the secretary OF
state and as not required OF him To make an an
nual report, II deemed more convenient, without
doubt Tor the Commissioner 10 report directly TO Congress
The approved March g. 1sl9 transferred the super
vsory and appellate powers IN relation to the acts 81 the
Commissioner Of Patents, previously exercised by the
Secretary Of State TO the Secretary OF the Interior All
the other bureaus Of the department make annual re.
ports to the Secretary TO be laid before the President and
by him communicated to Congress. But In the Of
the Commissioner Of Patents while the rules and regua
tous for the Of his Office his acts and the
duct Of all those under his immediate supervision are sub
jet TO the control Of the Secretary add through him, OF
the President yet the annual report required OF him
not In any way, under existing law, open To the revision
Of either There nothing in the peculiar nature OF the
subjects or duties pertaining that bureau which makes
this exception ncccssary aud the reason Tor the Law
has ed TO exist, might be changed with proprety
From the lst OF January to the 30t OF september 1897
i0e5 applications for pate have been received aud 80
caveats led 2o66 patents have been issued, and 22s'
| applications rejected
Der, 1857. were s161 AIS 81. The expenditures were
sc3942 o. Excess Of expenditures over receipts s262d
| o.
The policy Indicated in the law establishing the Patent
Office is that II should be self sustaining bureau This
| policy y sound one, and should be Observed
The law now authorzes return upon the rejection Of
nm Application of two thirds OF the Zee required TO be
Ssited by the applicant on presenting his claim tthe
| s1eS942 W expended during the last three quarters
S2I $50 90 made up of fees restored to applicants
after the labor 81 examining their had been perform
ed There 10 be neither justice nor expediency in
the requirement ls consequence has been TO bring INTO
the Office large amount Of business frivolous In its cha
raoter and which IN TACT obtruded but a. an ex
pertinent upon ik credulty HUh neSlfeu ,nh 'his W
should be- heretofore supported by is own earn
ngs, this feature Of the financial administration ~ the
| Office should be revised and reformed.
ny the ninth section Of the act approved July a. 1896
the applicant for patent " subject OF the King OF Great
Britain, required TO pay fee OF i've hundred dollars
Al that time american citizen applying FOR patent IN that
Kingdom required 10 pay fee OF one hundred
| pounds. But recently the kngkh government has re
ducsd the fee required Of American citizen from
hundred twenty pounds As the fee originally required
TO have been determined on principle q retas
ton II proper and becoming In our government 10 re-
"a Ig
citizens by reducing the Zee In such 10 one hun
| dred dollars
The existing law authorizes appea from the decision
the Commissioner either Of the Judges Of the Circuit
Court for the District Of Columbia This law IL an ano-
may in legislation. II confounds the executive and
judicial departments which the genius of our Institutions
requires should be kept separate and distinct from each
ether IT. violation of principle not more serious dit.
scnliy than Is practca, operation me appellant o.,