The evening times., 1901-10-14

Warrants should Re Issued in Favor
of the Judgment Plaintiffs in the
InsuIar Cases aud Transmitted
Through the Clerks of the Courts.
Regarding a recent decision in which
the Comptroller Of the Treasury held Jr.f
a Guugment entered against the Uni. "A
States for the wrongful exaCtiol Of Gus
toms duties should be satisfied by The is
suing Of warrant in the name Of the
judgment plaintiff, r. J. Tracewell,
Comptroller of the Treasury, sent the fol
lowing communication to the Secretary
Of the Treasury TODAY:
Il am In receipt through the Acting
Secretary. Of "a reference bearing date the
Sth instant. accompanied by your letter of
September IT, 1891. TO the Collector Of Gus
toms at New York Also Of the com
municati0n Of Judge r. Henry LaCombe
United States Circuit Judge for the
southern district Of New York, dated the
Sth instant.
Each OF these communications has
reference 10 a recent decision made by
me. wherein 10 was held that judgment
entered against the United States FOR the
wrongful eNaCtiDn of customs duties
should DE satisfied by the issuing OF "a
warrant IN the name Of the judgment
pialntlu. and having the same transmit
ted 20 the clerk of the court IN which the
Judgment is entered and said warrant de-
AfhhhFA 40 Nllf judgment creator bN the
said clerk, at the same time taking salts
faction OF such Judgment upon the record.
w hen I made such holding I only had
IN mind the orderly payment Of jUdg-
Inent
1t is now represented by Judge Ia
c"mhc that some other person than the
clerk Of the court should be required to
take the responsibility of Identifying the
judgment creditor and securing SatiSfaC-
ton OF the Judgment from the proper
party
stTF hoe -r-. r.-. --------.
that attorneys who represent. or have
represented these claimants. viii expert
ehce difficulty in collecting their fees in
such cases, for the reason that the clerk
Of the. court VIII insist on making pay
ment direct to the judgment plaintiff and
Il King satisfaction thereof from said
plaintiff
1T is my understanding that it is among
TIE legal duties Of clerks of courts to
receive moneys in payment Of judgments
taken IN their courts and 10 pay over same
10 the proper judgment plaintiffs.
y doubt Il the sUretiCs on a bond Of 4
collector Of customs would he liable for
moneys uIisappTopTiated by said col
Iector Of customs put I'm his hands for
Jhe payment Of Judgments against the
United States. They certainly would not
be liable unless il is one OF the legal du-
ues or a collector 10 receive and Iisburse
such moneys. II such a duty is one Of the
duties Of his office ] have overlooked that
fact
Referring now to the objections raised
a
Inc 40 officer of the Government who has
better facilities for identifying q judg-
ment plaintiff than the clerk of the court
IN which such person takes "A Judgment
Moreover. the judgment. which should be
satisfied on the record thereof. is present
at the time payment is to be made
IF the clerk OF the Circuit Court for
-H@ Southern district of New York is
short Of clerical force with which 10 nroD-
sriy perform the duties OF his Once. that
is matter Tor Congressional cJusidera-
tjon.
1t is not TO be understood that de-
eide, or have attempted to deci lr that
the Secretary Of the Treasury is confined
10 the methed pointed ont i'm the payment
OF Judgment against the United States
The mfthCd Of payment. and what fnStrTI-
mentantirS he may use in effccting such
payne MT. are questions largely Of his ad-
uinistraftVe discretion But in order for
d!sburSing officers TO obtain credits for
QlsburssmCut in the accounting Offices
they must present proper vouchers,
showing that the payment has been made
70 the proper claimants.
KNOW OF no authority which would
JUSTIFY a collector Of customs. even If ne
could be held 10 be q disbursing officer
for the payment Of judgments AGAINST
the United States in making such pay
Wents 10 the attorneys Of the judgment
creditors. Under the regulations OF the
department. an attorney Of record might
nave the warrant delivered to him but
IT should be issued in the name Of tie
proper claimant The officers Of the Gov
ernment are not supposed 10 know Of the
existence Of equities between attorne eys
and clients relative 20 fees or advance
ments made 20 clients. The Government
deals only with the original claimant
himself