The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-05-30
COURT
CLERKS TO REPORT
Sundry Civil Bill Holds Such Pro-
DEMONSTRATIONS Have
Been Gold Mines.
By w. w. Jermane.

cl6rKS OF the OnlCeO SIdtoS tuiuout Inc
country are to receive attention from
congress seems now to be foregone
conclusion. The astounding statement
has been made to the committee on
appropriations by officers Of the de-
partment of justice that the department
has no means under the law to require
clerks of courts to account for lines,
penalties, costs and orfeitures-moneys
left in their hands and belonging to the
United States, altho the aggregate sum
thus paid into the court amounts to
sometimes as high as $50,000,0 900 year
and averages at least as much as $lO,-
100000.
of accounts, told the committee that the
examiners Of the department undertake
to keep track of such moneys, but that
there was no formal system of account
ing and probably could not be as the
comparatively recent Investigations 1T
was deemed necessary to ask for legls-
lation.
Stanley w. Finch, the examiner, who
visits nearly all the courts in the coun-
try, told the committee that the legis-
lation asked for was primarily to pro-
tect the litigants in the United States
courts, who deposit large sums Of
money with the clerks.
large.U said Mr.. Finch, "and they con-
sist Of deposits for costs and also mon
ev that is held by the clerk-millions
Of dollars they amount to annually,
pending the result Of suits. In the diff
ferent districts, and I have been in
every clerk IS office in the United
States, the systems are very different
In some districts the books are In such
condition that it is almost impossible
1 hos,
has. In one district, I examined, the
clerk had no record at all; no written
, record Of the fees earned in any civil
: case, and no attorney in any OF these
GASES could go into that office and find
tout from his records how much fees arc
! taxed against him. This is a secret the
{ clerk alone knows. He renders a bill
,@for the aggregate sum and latterly can
, not verify that bill. The examiner
can not ten whether the litigants have
been overcharged without taking out
the Ale In each case and going over each
paper and taxing the costs. And If he
j does that, in nine cases out Of ten, he
: viii ind that the litigant has been
;overcharged.
Litigants Overcharged
HIn one eastern district found that
each Htigant having business in the
court was overcbarged. But the exam
liners force is too small to 60 over
all the business in all the courts IN
that way. In one district in Oklahoma,
as the result Of an examination and
the elimination Of fraudulent accounts,
there was saved about $4,000, 900, and
the costs of the court in that district
were reduced from $375, 900 year to
found 900 short, which his bonds
men had to make ND
"The object Of this legislation is
simply to fix it so an attorney can go
into q clerks office and see by exami-
nation Of the books what fees are be-
ing charged It is also to accomplish
publicity as to what the clerk is
The legislation the department asks
clerks in the slightest degree unless
that compensation is dishonest, but it
Is for the protection of litigants and
the government.
Tawney Takes Action.
Under the light Of these revelations
James A. Tawney, chairman for CON
gress appropriations, has taken the
matter in hand and has inserted into
the sundry civil appropriation bill
which he reported to the house yester
khO AoA4oWAAS p1OPOoCu
"The attorney general may hereaf
ter, under rules and regulations pre-
scribed by him, require the clerks OF
the United States circuit and district
courts to report and account for al
moneys received by them on account
Of or as security for fees and costs, and
to report and account for all amounts
collected or received by them on be-
half Of the United States on account
- L.. 81
costs. The attorney general may also
hereafter require such clerks to repor
and account for all other moneys re
ceived by them in their official oapaci
ty, whether on behalf of the United
States or otherwise, and the ATTORNEY
genert may hereafter prescribe suci
dockets or other books as he may deem
proper to be kept and used by sucl
clerk In recording, reporting and &C
counting for moneys mentioned abov,
in this paragraph and in recording al
fees and emoluments earned by them
which doekets or other books shall b,
kept and used by said clerk in accord
anoee with rules and regulations pre-
scr1bed by the attorney general. -
Fee System Opposed.
But this is not all. The department
Of Justice has yet other counts against
PIP GINS. anu Inc cn1eT or these Il
that 1t is the wish of the department
to do away with the fee system Of paw
ing. the clerks altogether. For thi
legislation is also asked For instance
it is shown that under the fee system
1t is possible for clerks in some district
to make as high as $4,000 a year. TIL
supreme court has defined the law al
the way thru in favor of the clerk an,
unless legislation can be had to f,
It some clerk where court is held b,
the same judge in more than one tow
can draw as high as eight men IS pa
at one and the same time Under tn
per diem which clerks are allowed t.
charge, the evil Is most extraordinary
There are two places for holding cour
in the northern district of Mississippi!
and the clerk was found charging De
diem for himself at his headouarter
and fol-. his deputy at the other plac
Of holding court, so that in one DUAL
ter ISL per diems were charged an
the court was in session only one day
per diem Gan be charged whenever an
paper is filed or any business whateve
is done, whether the court is sittin
or not. Mr.. Glover told the commits
sion all about this singular feature @
the snap enjoyed by the United State
court clerks.
The Judge of the district court fc
Kentucky lived at Louisville and man
orders, often short and unimportan
were transmitted to the clerk at Co,
ington and entered there by him. sal