The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-12-05
REDUCING GOVERNMENT FEES.
AbStracters Of Titles Sued for the Possession
of Indexes of Records.

Some time ago Noble c. Butler, the clerk of
the United States Court. found that private in
dexes of the federal court records had been made
by persons engaged in the abstract of title bust
ness and that, through the advantages which
these persons had in the use of the information,
the government was receiving no fees for max
ing searches for judgments. Acting under
Instructions from the Department of Justice,
at Washington, he demanded the surrender of
the indexes, which was refused. Yesterday Dis
trict Attorney Lamb filed in the federal court a
suit entitled the United States against William
c. Anderson, to enioin the defendant from using
private indexes in his possession, and similar
suits will be instituted against others soon.
The government requires that certain fees
shall be paid to the clerk for making searches
for Judgments. Out of these and other fees it
is enabled to pay the expenses of the clerks
oIce, including the salaries of deputies, station
cry and telephone bills, and the personal COM
pensation of the clerk, as fixed by statute. If
tne fees exceed the amount required for these
purposes the excess goes into the United States
treasury. The government allows certain
BOOKS OF the Office to be open to the inspection
OF persons desiring to examine them without
charge. 1t is charged that Mr.. Anderson and
others, who were engaged in the business of
making abstracts of titles, have abused the right
70 inspect these records which is given to per-
sons desiring to examine" them, and without
Ihe knowledge or consent of the government or
Inc present clerk, have made private indexes for
themselves, which are used in their private bust
mss mesa TOT their private gain and emolument
lucy Lhaey nave done this so successfully, it is
LLa'seu that the government derives
SS;osoiiutely nothing from searches in this
asHct while in some other districts it is a
p;nacipal source OF revenue. The statutory pro-
F tha faa Gov oEoc iC
SSSen,y dead letter here. The abs.racters
s a.. Dutler says have compelled the government
s anu cierk to take them into partnership where
s sre FORMER get all the profits and the latter pay
a as me expenses, and now object to dissolution
Attorney general Garland, in directing the in
S'u,ion OF suits against the abstract
s VIC nere says 'The government must
Enntain Its right to its own fees BY its fec
al s e. mas liked charge against all persons who
Sn. LOT searches for information within the ex-
tSa .uu control OF the governments officer. By
~ ,soilectlon OF this and other fees pertaining
ME- ue once of the clerk, the government is ena-
,n 70 pay It's officer, and forbids the practice of
~ private ingenuity to deprive the government
mi; It's right to these foes as an
S;e.y tnat must be enjoined. In some other
ANS ANS the revenue derived from this source
IrS;uunss TO from Sc 600 to $40 600 year, and in
hui ao,ana the abstracters have for many years
III settng the full benefit of this
AZ no emoiument returns of the clerk show that
g. maoie earnings of the Office in this district
irn a sne SIX months ending June 80, 1885, includ-
slk uncolectable fees, amounted to S.. 1913 80
g y. OF which had to be paid three deputies. sta
nsr. ery oils, and the clerks salary. The greater
go tnese expenses were incurred and paid in
hsvpp ~ up the records, which the abstracters
awe oeen using in their private business in such
fec. as 10 deprive the government and clerk of
have. 'S 'As0Due0 'n"s 'Nos snoa'a