New-York tribune., 1878-12-28
THE FEE SYSTEM.
SOME OF IT'S WORKINGS IN NEw-JERs


HOW FAT OFFICES IN TRENTON ARE SUPPORTED
SOME ANOMALOUS METHODS OF BUYING
JUSTICE IN NEw-JERsEY CoURTs-REFoRA
DEMANDED AND LEGISLATION EXPEC1Ep.
IrRoY AN OCCASIONAL CORRESPONDENT or THE TaIBUSEl
TRENTON, n. j., Dec. 26.-Whiie the Bar
Association OF New-York is pursung, under diih
cultles some inquiries as to the amount
OF fees enjoyed by the luxurious oncials o'
this city, all over the State OF NewJersey
are seen and felt the STRINGS OF movement
against tie fee system itself 1t prevails IN
that State As soon fees and the abuses OF the les
system are mentioned in NewJersoy every citizen In
stinctiyely thinks Of the three lucky officials at
Trenton, each OF whom Is supposed 10 receive
for his services at least S2o.OOO year.
These pacemen the Clerk OF the Court OF Chancery
the Clerk OF the Supreme Court and the Secretary o
State who is decorated with dozen other ttles moS'
OF which are far from being empty. None OF these
gentlemen are oyerburdened with labors imposed oy
their productive positions None Of the offices demanu
such "A high order original capacity acquired sk
that their emOlumcnts represent with any iathe'S
the market value OF the services renuereu' III
deed there are subordinates in each once VINO h'o"
s much at least about the business the great men
themselves, and who actually do tho puih Vi !"
for modest but adequate pay, not only while
their chiefs are luxuriatng IN Europe bnt "hle
they are at home engaged IN operating
the Democratic party machine. But THESE nlGr'"'
EXAMPLES OF the perncious tendencies OF the Zee system
after their rlpening into rank ana fulolo"h
abuses. are. after all. only types OF o'her
abuses Which flourish throughout the eutire
machinery OF the OF Justice. 1t Is not only tue
county officers the clerks and surrogates and shelhs
who are paid in this way, and whose interest 1t Is TO
make the business transacted through their oncfs as
and expensive possible but the Judges the
selves contrary in most other upon
fees for a considerable fraction OF Their Ply, hhd Us
seems singuarly improper upon fees which depend To
n degree upnn their decisions. Therefore II Is 'hat "
aoitalon in favor OF salaries Only TOR the Judges IS
one OF the strongest and most seasOnabe elements ID
the new movement
Al pescpt the Justices OF the Supreme Court paid
salary of 5OOO besides fees which swell the cihoi-
ments In some circuits 5000. The Chancellor too
whose salary is $500 is supposed TO receive several
times that amount in fees. Nobody knows, however
and nobody can find out the exact sums paid to the
Judges and this is one the unpleasant features OF
the case Lgants very certain that II Is an eNPe-
ave .xperppcc 10 get into Court They know that the
items OF fees and costs in a slnge foreclosure
SUIT for instance will cover page OF legal cap Ihey
know vbey are taxed ut every turn and II doesn't aug
ment their reverence for the judiciary TO reflect that
the bench is enjoying q revenue OF unknown volume
urnnp from their necessities. Nor does 10 com
fort them to know that for some OF thess fees
the Judge renders service whatever. as, ior
instance, when judgment goes by DEFAULT Shl
unpleasant IL III 10 KNOW Ilil JuuNo
direct pecunary interest deciding this way or that
getting fee for example for every motion granted and
not for one denied The Supreme Court Judges
derive the great bulk OF their fees from
Chamber business. To illustrate. man Ia sued
and puts in n plea-a defence 10 the hcuon'
Plaintiff applies Supreme Court Judge to strike ont
the plea sham" without notice TO the other side
II he grants the NOTION fee. otherwise moth
ing He usually grants the motion, Judgment
"a enfpr af and tlereUnOn the defendant,
on adavrs setting forth his defence. applies to the
same Judge TO set aside the judgment and the order
Upon the slightest proof OF merits he grants this mo
tcn undoine the order. and gets another fee
Now In such cases II suggests itself to the worldly
minded that II there had been no fees In
the case his Honor would have said 70 tine plaintn,
Don't bother me-" thus leaving matters In statu quo
without making expense to Igauts, and getting paid
for IT, Altogether this is something In the nature of
scandal And sometimes, when in open Court n lawyer
has been TO approach the Judge during u
lull IN tho business and after low conversation and
the presentation Of papers has felt in his pocket
for n bank-bi and handed It TO his Honor, and his
Honor In the presence Of roOmull OF spectators has
tucked 1t into his wallet. the lawyer and the Judge
haye both been known 20 blush.
Tho same methods prevail In criminal courts. For
exempe tho Judge receives fee for every indictment
found Acute observers have thought they detected this
fee flavor IN the charges grand iurics which ha
States often emphasize the fact nat American citizen
has right be let alone and grand ures are cautioned
against lightly fixing upon the stigma Of an In
dictnent In the Jersey Courts, however, the other
view is mainly dwelt upon The Grand Jury counseed
to remember that Il IL not trial Jury, ana that
it ISN'T necessary have proof sufficient to convict
man In order to ndlct him. But whether no fees IN
one way or another have any bearing upon the con
duct of judges. certain 1t Is that JerSeymen
are beginning TO protest against having their
courts assaied by any such temptation. or degrad-
ed by any such suspicion They hold that this sysie"
of fees with their rrepressibe tendency 10 into
illegal e1tUrtions. and to multiply fictitious SER
woes for which as much will finally be eX
acted as can, under official pressure. be
collected, ought TO DO swept away altogether
The coming Legislature will most surely be called upon
10 say whether her courts OF justice, OF which New
Jersey is 40 proud. shall be longer directly exposed
10 this corruptng aud dlsgracng influence.