The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-07-03
From the Washington Republican. July l, 1879
The United States Courts All Closed To Day.

To day being the beginning of the fiscal
year all previous appropriations for the sup
port OF the Executive Departments expire,
and all uneXpended sums of those appropri-
ations are covered into the Treasury. The
result is that the Department of Justice, for
which only partial appropriations have been
made, will now be compelled to suspend a
portion of its duties which relate to the adj
ministration and conduct of the United States
courts. The salaries of judges and other reg
ular officials of those courts have, it is true,
been provided for, bat the effect Of existing
law is to prohibit the marshals from acting
as the executive agency of the courts through
which their machinery is kept in motion,
their processes served, and their mandates
made effective. This prohibition resides in
section 1919, Revised Statutes, which reads
as follows:
No Department of the Government shall
expend in any one fiscal year, any sum in
excess of appropriations made by Congress
for that fiscal year, or involve the Govern
ment in any contract for the future payment
OF money in excess of such appropriations.
AS no appropriation has been made for
the payment OF marshal's fees for the current
fiscal year, the above section forbids the paw
ment of such fees, and also forbids the in
velving of the Government for any liability
on account of marshals's fees for the current
fiscal year. If the marshals were to perform
any duty for which fee or compens alton S
proved by law, then the Government would
be involved in the liability to pay fee or COM
pensation. Hence it is clear that the mar
shals are prohibited by the statute from per-
forming any duty for which the United
States would be liable to pay'a fee.
The following is a list of the duties which
pI,n1c Dl,,f toIf
reason of the failure of the Democratic Cons
gress to pass the appropriation for their pay
ment
l. The serving of any warrant, attach
ment, summons, or capi0s, in criminal
cause.
2. The safe keeping OF any personal prop
erty attached for the United States.
3. The serving OF venires or summonlng Of
grand or petit jurors in any cause.
A. The holding of any court of inquiry by
the marshal.
s. The serving of any writs of subpnnas
in United States civil or criminal causes.
6 The serving OF any writ Of possession,
execution, partition, or any final process IN
favor of the United States, or advertising or
disposing of the property.
Z. The making Of bail bonds in United
States causes.
s. Summoning appraisers in seizures for
the United States.
8. Executing of deeds Of property by the
United States in execution of sales.
10. Proclamation in admiralty BY the
United States.
III. Attachments IN rem or libels in admi-
rally for the United States.
y. The keeping of boats. vessels, or other
property. attached or libeled in admira lty,
for the United States.
]3. The sale OF vessels or other property
condemned in admiralty for the United
States.
IA. The endeavoring to arrest any person
charged with or convicted OF crime.
Is. The commitment or discharge of pris-
oners to or from the custody of the marshal.
16. The transportation Of criminals or the
employment of guards thereof.
II. The attendance of the marshal or his
deputy at any Circuit or District court.
Is. The attendance of the marshal or any
of his deputies at examinations before a
United States Commissioner, or bringing,
guarding, or retiring prisoners at such ex-
aminations.
In fact it is plain to be seen that unless the
courts disregard the law-on the ground of
public necessity-that criminals of all sorts,
smugglers, &C., will have perfect freedom
from arrest and prosecution that the prop
erty in the custody Of marshals must be aban-
doned and that no remedy can be enforced
for the collection Of debts due the United
States.
Any custodian OF public money is now
free to embezZle every dollar in his posses
sion, as the statute forbids his arrest by a
marshal.