The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1896-02-14
U. S. MARSHAL GARDEN

Abolish the Fec system-Ho Suggests a
Remedy for the Growing RIPenao Oft
Courts.
The debate in Congress. which have
developed a strong sentiment in favor
of aboiishing the fee system in tho
us. department of justice, is creating
considerable interest throughout the
country. The fact that abuses have
grown up in certain sections of tho
country, and that many innocent peo-
pie have been made to suffer by them
has made n public demand for q re-
form, not only in the interest OF econ
onY, but for the protection OF the peo-
pie from the danger OF being brought
into court on trumped UP charges by
officers In search of fees.
An lntellIgepcer representative asked
U. s. Marshal A. d. Garden yesterday
what he thought Of the agitation of
the question In Congress.
ut strikes me-" replied the marshal,
shat the senators who spoke yesterday
on the subject were n little too sweep
ing in their assertions regarding the
conduct OF the marshals' offices. and
some OF the things they said were posi-
lively unreasonable. The evils of which
they complain are by on means general
and all Of them are easily remedled.
So far as the marshnls themselves are
concerned, ! do not believe they care
much whether the fee system Is abol-
ished, providing, ofcourse, an adequate
salary is substituted as the remunera-
tlon for their services. But It must ba
borne In mind that there Is small
army of deputies In every district; they
are not employed constantly and the
government would not be warranted In
paying them an annual salary. II they
are paid a per diem when actually em-
ployed we have the same difficulty
to confront us under the fec system.
1t would be natural for n deputy to
make all he could out OF his office, and
he would have an Incentive to hunt up
cases. and do all he could to keep HIM
self employed.
Speaking for my own district, which
comprises the entire state. don't be-
lieve that II can be justly charged that
there are any abuses In West Virginia
OF the nature complained OF. A mo-
ment's thought will convince you that
such abuses would be practically I'M
possible without the collision of the en-
tire court. A marshal cannot make an
arrest without due process of law, and
only the court has the power TO Issue
the process. II the marshal receives
Information OF the violation OF gov
crnment statute. he does not act ex-
cept In the regular way. He can only
serve subpoena issued to him by the
court to bring witnesses before the
grand jury II there are consplracies
In other states TO prosecute innocent
people. or to make cases out OF tritins
mattsIf cor the sake OF fees. II IL in the
governments power to put L stop TO
thsa1. I personally know that the mar
shsi's bills are carefully audited at
Washington before they are allowed.
and the whole matter is so infinitely
looked into that do not believe that
any but proper bills could pass the
department.
II believe" continued Marshal Gar
den, that the trouble lies more directly
in another direction than the fee sys-
TEN. If the law were revised so Ms to
extend the power of the United States
commissioners. the great and growing
expense OF the federal court system
would be materially decreased. The
commissioners should be given the pow
er to dispose OF misdemeanor cases.
This would take them out Of the court
and avoid the evil so mucn complained
of-namely, the dragging OF hundreds
of witnesses long distances to testify
in cases OF the most trivial character.
thus pilinG up enormous bills OF ex-
pense to the government. Under the
present system much OF the time Of the
court is taken up with the trial OF these
small misdemeanor cases. which could
be just as well disposed OF by the U. s.
commissioners at the minimum cost.
You can readily figure out that very
aaNftta 60 . ha
result by this simple change in the sys-
TEN.
las to the other abuses" concluded
Mr.. Garden, referring again to the
charges made against the u. S. mar
.shals, II know that so far as West Vir-
glnIa Is concerned, the service Is free
from them. do not speak for past adj
ministrations. but only for my own.
which / know more about"