The New York herald., 1879-07-10
UNITED STATES MARSHALS.

UNITED STATES MARSHALS.
FIcIENcY AcT-MARsHAL TAYN's VIEW OF
THE SITUATION AND TIE DEMOCRATIC Mo-
TIVE.
At the first announcement Of the passage Of the
Judicial Expenses Appropriation act by Congress the
United States marshals had reason to feel alarmed.
it failed to provide for the fees Of marshsls in
in which the United States is party, but. Of
it still allowed them to collect their fees in
all cases OF private htigants. The latter. however.
form a very inconsiderable amount by comparison
with the other. Section 800 of the Revised Statutes
prescribes in detail the marshsls shall charge
provides that when such service is performed for
the United States the same fees shall be allowed.
These are the fees that have been withheld The
failure to make the usual appropriation should
essarily some Of the marshals considerable
personal inconvenience. The marshal Of this dis
trict may not be embarrassed. as. no doubt. there
will be men found to advance the requisite funds
until the meeting Of Congress in December, when q
deficiency bill will be presented. and. possibly.
passed.
Attorney General Devens' letter on this subject to
General Matthews, United States Marshal at Detroit
Mich. has brought the balm of hope and consolation
to the breasts OF all the anxious marshals of the
country He advised them to perform their usual
duties the extent OF their power. they in
no way forbidden to do. The law prescribed those
duties and affixed certain fees compensation. He
could make no contract or promise that the money
for their services would hereafter be paid. but he
thought that so long the law contemplated that
duf fias war to no maid for Y there wa
good ground of obligation against the United States.
He bid them rely the expectation of future les-
lstion that would be just to them.
OPINIONS OF A LAWYER.
Mr.. T. b. Wakeman. lawyer. OF this city, said he
thought the Attorney General was In the main right
in his advice and that 1t WAS foregone conclusion
Congress. when it reassembles. will pass deficiency
bill to recompense the marshas.
THAT has been the invariable custom . said Mr..
wakeman. There is failure to provide at one
session of Congress for this that branch Of the
public service but the money is always forthcoming
from quarter. and ut the next session the de-
fcency is made up; but so far rs the case stands
with the msrshas they cannot expect any relief
until Congress chooses to make another appropra-
ton They are at liberty to perform the duties for
which compensation has been with held and trust to
the future to be paid for them They can act as po
lice. just before in any national election or elec
tion tor Congressman. but they must pay their own
expenses.
tive ever ut electionsW
..why of course. What they receive for such SER
vices is bagatelle. and the republican party
would be glad to reimburse them in any contin-
gency.
..rhen the democrats don't gain much by with
holding the fees from the marshals and deputies 2?
sNothing at all. What they should have done was
to pass all the necessary appropriation bills and
made separate thing of repeating the election laws.
Then it the President chose to veto it. they could
carry to the country and before the people all the
eloquence that aired and lost the subject in
the House aud Senate.
MARSHAL pAYS's VIEWS
United States Marshal Louis +. Payn said there
was comfort i'll General Dsvens' letter. but
there was nevertheless a prospect of great embar-
rassment. "All cases." said he, drought by the
government in criminal proceedings must be paid
for step by step A man, for instance, robs the
mails or makes u counterfeit. or robs u national
bank and flies to Texas. We have to 90 after him.
and arrest may cost as much as 5000 or $500.
Then have to act at once. Here the District Attor
noy sends in word to get him at once tor cases he
has ready for hearing hundred witnesses. some
living out West. others down East aud more down
South. These have to fetch along, allow them
their travelling expenses and support them here
while they aie detained. besides paying them their
fees. Now must have ready money Tor all that
Then when have a batch of thirty or forty pris-
to take to the penitentiary we must have the
cash to defray their expenses. which might be per-
haps about $500. SO you decidedly in u
x as things The last appropriation OF SO. 900
all but 900 out July l. but according to law
whatever remains over at the expiration of the seal
year has to be turned into the Treasury"
well. how are you gong to manager
1--WE shall hear at length from the Attorney Gen.
eral in day two. and his instructions shall guide
us. Several gentlemen whose names 1t Is unneces.
sary to mention have been into the Office and offered
various sums OF money to Keep the machinery going,
having heard that we had been entirely stranded"
"But the machinery OF the courts moves on as
usual y
well, the business OF the United States courts
will of course 30 usual; but IL we should havo
any difficulty in procuring the supplies to conduct
this Office 1t might be seriously embarrassed
THE MOTIVES OF THE DEMOCRATS.
mot being allowed marshals' and deputy mar
shas' fees, what do you intend to do at the eec-
tions r.
'I'n do my duty just as before. The fact is. there
would never have been anything heard OF this great
lowed New York city to be exenpt from the
attendance OF United States supervisors and
marshals at election times The whole struggle
made for the sake OF this city, for an
in the State That cry about United states narshsls
interfering with elections in the south was the worst
kind of u sham. Why, United States marshal in
the South might well be tied to tree for all he
do toward honest election, and IL there were
even q hundred thousand active marshals there the
States would still go democratic. Before the law
was passed IL was the custom with the democratic
party here to calculate that no matter with what
majority the republicans came up to Kingsbridge
to cover 1t with as large majority from this
the democratic party in the North and without New
York city there Is no hope for the State"
''Then you believe there liz always chance for the
republicans carrying the State at Presidential cleo
ton provided there is an honest vote cast in the
city"
'That is it,"
sAnd do the election laws insure that resulty'
"Very largely. Or course some illegal votes will
squeeze through, but tho books Of registration are
open to us, and wherever am disposed to think
send 80 many 40 may be needed. In such cases act
only the best of evidence that fraud IL threatened
and do not send deputy into any ward unless
am convinced his presence and serviccs are neces-