The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-01-24
MARSHAL sHARPE's DEADLOCK
New Way to Pay Old Debts, or New
Reading Of An Old Rule.

New Way to Pay Old Debts, or New
Reading Of An Old Rule.
An interesting question. Affecting an important
department OF the federal government in this city,
came under the notice Of Judge Blatchford In the
United States District Court yesterday
Mr. Simons, United States Assistant District
Attorney appeared and called upon Mr.. George r.
Belts. Cierk of the United States District Court TO
tax certain bills presented by Marshal Sharpe to
Mr. Belts.
Mr. Belts appeared In person ana stated to the
Judge that it was impossible for him to tax the bills
In question: as the Marshal had not furnished the
proper vouchers to enable him to make the taxation
Besides this the Marshal had declined TO lodge In
court the gross amount OF moneys derived by HIM
from sales OF property.
seized UNDER GOVERNMENT PROCESS.
He, however, returned the net sum, claiming at
the same time that he had right to deduct his eX-
penses nom The gross amount. He mir. Bctts) con.
ceived thai inns was In violation OF the rule OF court
which had been long adopted and which Is in the
following Words
'sWhen any moneys shall come to tho hands OF the
Marshal under or by virtue OF any order process
OF the Court ne shall forthwith pay over the gross
amount Thereon TO the clerk, with bill OF his
charges thereon and statement OF the time OF the
receipt OF the moneys by him. ana upon the fling OF
such statements and the taxation or sncn charges
the same shall be paid To tho Marshal out OF such
moneys and the general account OF all property sold
turned by tho Marshal ana filed in the clerks oOce
with the execution or other process under which
the sale was made.n
states:"A bills OF costs and OF charges to be paid
under any order or decree OF this Court shall be
taxed and filed With the clerk before payment there
1or ana il the same shall include charges tor dis
bursements other than to the officers OF the court,
the proper ana genuine vouchers, or an aflldavt
therefor n cases Of loss OF vouchers) shall be ex-
hibited and fled. ami II such bill shall be taxed
without four days notice TO all parties concerned
they shall be subject TO q relaxation, OF course, on
application d. any such party not having had notice,
and at the Charge OF the party obtaining such taxa
tion.n
Judge Blachford asked Mr.. simoas Tor whom he
appeared.
Mr.. simons replied that he appeared for the
Marshal, with the view OF bringing this matter be-
fore the court for settlement.
Judge BatchIord--I cannot In this way settle
dispute between the Marshal and the clerk. VINO
represents the government shall require the
District Attorney to appear unless he backs up the
Marshal; In the present form cannot dispose OF the
matter.
The cue ton then dropped for the present; but It
Is claimed by lie officials OF the clerks Office that the
action OF the Marshal, In the way above indicated,
has had the effect OF putting "deadock'' upon the
business OF their Department. That has for several
months prevented the taxation or costs and the
payment OF moneys 70 claimants justly entitled to
receive them.
Marshal Sharpe has not yet mace any public state
mont OF the ground upon which he has acted In this
affair; but the presumption Is that he attaches TO
the rules OF the court quoted above
NEW AND DIFFERENT MEANING
from that which they have hitherto been held to
bear. Whatever. his views may be upon this ques
tion. they VIII probably be disclosed before The Court
on argument. In the meantime 1t Is maintained by
the officials in tie United States District Clerk IS
Ofice that Marshal Sharpes actlon In the premises
Is exceedingly embarrassing, ana that they una
bic to make proper and timely returns to Washing
ton, as they are bound to do, owing to the manner
IN which they allege they are haIpered by the Mar
snalf proceedings.