The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-15
CONFEDERATE READE1


To the Editor OF The Times Dispatch;
|. Sir,--ln your issue of the 5th instant
you have III editorial on the subject of
the fees OF the clerks of the Court Of
Appeals. These clerks are all faithful
and efficient officers. and. no doubt, de-
serve all the compensation which they
receive. and nothing in this letter is
intended TO suggest that either OF these
clerks receives more than fair COM
pensation. But this statute operates
as grievous injustice against the par
ties 10 an appeal in the Supreme Court
for II. in effect. requires the litigants-
the unsuccessful litigants-in the SUI
preme Court TO pay the salaries of the
clerks of this court. Nor is this ALL
Tor the clerk Of the Supreme Court does
not perform. and in the nature of
thlngs cannot perform. any service
Tor these litisants for which they are
required TO pay these fees. This fact
can best be illustrated by case in
court as follows: The Circuit Court en-
ters decree against the plaintlff. and
OBTAIN from the clerk OF the Circuit
Cont copy of the record: he pays
for this, and the Circuit Court charges
his fees for his actual work: the plain
tiit's attorney then prepares his writ
ten petition and attaches II to the
record copied by the clerk and pre-
sents it to the supreme Court. which
grants the appeal, and the record is
linen forwarded to the clerk of the
Supreme Court: that clerk is then re-
CURED 10 have the record printed, and
~ tH'S purpose he Is required to de-
lVer this copy of the recorder he
only has one copy--to the printer
He is then allowed to charge for his
services in experimenting and eXamin-
ing the printing, indeNing, distributing
and Ming the records. conducting the
correspondence, ct cetera," an amount
greatly in excess of the charges made
by the circuit clerk for-an actual copy
OF the record.
There is no substantial labor that
me supreme Court clerk can possibly
40 in this matter. for the only record
printer. who is setting it up in type pc
Ii was a method devised when the
state was scarce of money to provide
i lor the payment OF the salary OF the
supreme Court clerk. without calling
upon The Treasury of the State. The
practical effect OF this statute is to
make the litigants pay these salaries,
not. perform any services for these
lltigants i'll return. If we should
strike out Of the statute all that the
Supreme Court clerk is required to DO
never know the difference. There is
nothing In the nature of things for
the clerk to do but to deliver the
copy of the record to the printer; the
printer does all the rest, for there
is nothing to do but to print the rec
ORD, which the circuit clerk makes
and delivers to the appellants attor-
ney.
This system of paying the salaries
Of the clerks of the supreme Court
Tor such 1t is in effect--should be
changed and the salaries of these
clerks Should he paid out OF the pub
lie Treasury. The present method is
not only grossly unjust. but it often
amounts to denial OF justice. l hope
that you will press this Injustice upon
the attention of the General Assembly
and procure the proper change In this
statute, which is section 1907 of our
Code BENJAMIN TAnEN
Fincastlc, Va