Savannah morning news. [volume] (Savannah) 1868-1887, 1884-11-29
IN THE HANDS OF REFEREES.

Effort to Set ASIDE the Oostso AH-
ted states Court ofacials-An Inter
esting Case Referred to Commission
ers.
Something of a stir has beer caused
among the United States Court officials
and the legal fraternity generally by an
effort TO have certain costs Of the Unlteu
States Marshal and the Clerks OF the DIS
trict and Circuit Courts disalloWed. Inc
costs are those taxed in the case Of Ross,
Pollard. Bell ct al, appealed from the
District Court, which was just decided in
the Circuit Court and which was
originally four separate libels, but
afterwards consolidated. The mover in
the matter is W. NJ. Hayward, of the firm
~ Picberds 4 Hayward. Interest is
sdded To the motion TO have a relaxation
Of costs BY the fact that he was formerly
Deputy Clerk of the United States
The bill Of exceptions Of the complain
ant sets forth that the Marshal Is not en-
titled to tie charge Of 81 allowed by the
clerk for preparing extra copies o. the
notice: that be is not entitled TO 50 y
MILEAGE from Savannah to Brunswlek to
serve the notice when he really did not
travel at all: that he charged s. for at
tendance on the court when the our was
not in session. Exception is taken 10 the
charge Of disbursement for publication OF
Sl5 each in the Pollard. Bell and Ross
cases. and SIS - in the consolidated cases
for the sale. and also 10 the custodian
fees for thirty-fOur days, amounting TO
So. The ground for the last exception IS
that vouchers are not attached. The ex-
ceptiOns 10 the Clerk' 5 charges are very
numerous. They are as follows: 10 all
charges for certificate 70 the order for
process, the same not being required by
practice and there being no evidence IN the
record that il was done: TO all charges for
drawing notices for publication, this be-
ing the duty Of the Marshal n already
charged for by him; TO charges for draw
ing s~tipulatiOns for costs. the work being
done by the pr0ctOrs and no work being
rendered BY the Clerk; 10 charges for GER
tifcates 10 the orders of default entered;
to the charge of s. for attendance upon
the return Of the attachment, as not be-
ing provided for by law; to the charge OF
$46 80 for final record in the District
Court as excessive, there having been
many papers recorded which were not
necessary to show the jurisdiction Of the
court and the regularity of the proceed
ing: to the charge Of Clerk Of the District
Court. Of 1 per cent. commission on
1873 -. making SO -, because the
Clerk OF the Circuit Court claims that
he is entitled 10 l per cent. for distributing
the ind under the decree Of the Circuit
Court. Exception was also made to the
charge Of the District Court Clerk for
dOckets and indexes in all four cases,
although an order was taken consoldat-
ing the cases before any testimony was
taken. and they were tried as one. and 10
the charge Of the Clerk Of the District
Court for the final record Of S51 as eXces-
sive and oppressive.
To this separate replies were made by
the Marshal and the Clerk. The Mar
shall. through District Attorney Darneii,
ais counsel, says that, as the vessel was
living at Brunswick. il was deemed proper
| TO have notices posted at both that place
and Savannah. and the charge is not H.
definite: thai he is entitled TO cOmpensa-
ton for travel from the place where the
process was issued to the place of SER
vice: that the charge Of attendance be-
/ fore the court of s. per day Is usual and
! legal. and that the Marshal was in at
tendance before the Clerk. In the matter
! Of publication. the Marshal exhibits his
vouchers for the advertisements OF sale,
| etc. in the MORNING News.
The answer Of the Clerk Of the District
| Court sets forth that the certificates OF
which a charge of % cents was made are
required by the practice OF the court. and
prays the inspection Of the record. Re-
/ cords of this kind were produced at the
! UEdL-HZa AALA Nj n " a AAAA 1NAaA&
when he was Deputy Clerk, together with
similar charges which he had made. The
/ Clerk also and says the objection
/ TO the charge for drawing notices for pub
/ LEGATION Of attachment cannot be
sus tanned, because the Clerk i'll this
case did draw the notices as appears
BY the original on fle in his handwriting,
and because IL has always been the prac-
tice in this district for the Clerk TO fur
ufsh tho said notices and in SUuD0rf Of
the practice he pravs that the record may
be inspected. To the objections Of a
charge By the Clerk Of s. for attend
ance on the court as not being required
by law. the Clerk says thai the
powers Of the District Judge in this
respect have been conferred upon
the Clerk by admiralty rule No. , OF this
district: that in consequence Of the same
the Clerk Is required 10 attend at his office
on return DAY and make the necessary or
ders, as he did in this case as shown by
the record. He further answers that the
Clerk has always been allowed in this dis
trict his usual attendance fee OF -, and
Tor proof of which he offers the taxed bills
Of the late Clerk. Nj. Mcpherson, and his
successor, Mr.. Ward, and the bills taxed
by Mr.. Hayward, the mOvant in this case,
when he VAS Deputy Clerk. To the OBJ
lection 10 charge for final record the Clerk
answers tha he has only recorded the
papeTs he is required to record, and
charged his lawful fees therefor. as Will
be shown by the record.
To the objection To the commission Of l
per cent. on 1913 p money, received by
the District Court Clerk and kept and paid
out. he answers that all Of the sum was
disbursed by him TO the htigant in the
District Court except $3.50 80, which.
after the appeal, he was required to pay
over to the Clerk of the Circuit Court by
law. and the express declaration of the
Circuit Judge, and says that II does not
affect his right TO commission as
provided by section SIS, z. 5, whether
the Clerk Of the Circuit O
does or does not charge a COM
mission on the money turned over 10 him.
The objection TO the charge Of a docket
fee in each Of the four cases is
answered by the fact that there were
four distinct libels filed and dockets
were made before the cases were cOnsoli-
dated.
The Clerk Of the Circuit Court answers
the charge that S51 for the ina record Is
excessive and oppressive, by the state
ment that he is required by law sections
100 and ia. RS. TO record the process and
all the %pleadings and such orders
and memoranda necessary TO show the
Jurisdiction Ofthe court and the regularity
of the proceeding. and that the transcript
is a part OF the pleadings and must be
recorded.
The referees who have the matter in
charge are Capt. Geo. A. Mercer. Sc
lected BY Mr.. Hayward: ;. B. Adams.
Esq. selected by Mr.. Erwin, the District
Clerk, and James Atkins, Esq. selected
49, ~ NFo--h,r