Evening star., 1915-02-17
Lawyers Would Have Court
Act So There Will Be No Sur
plus in Auditors Office.
OPPOSE PROFIT IDEA
IN DISTRICT LAWSUITS
Statutes Relating to Funds in Reg
istry of Court Show DISPOSE
ton That Should Be Made.

Much interest was shown today among
lawyers who have to do with the office
of the auditor of the District Supreme
Court in the order of the court yesterday
putting the auditor on a fve-thousand-
dolIar-a-year basis of compensation IN
stead of the fee sysytem which has here
tofore prevailed in the payment OF that
official. Comment was principally direct
ed to that part of the order which pro-
vides that the surplus of auditors fees
over $4,000 shall be paid into the court
registry.
Lawyers are chiefly interested in the
question of by what right or on what
ground their clients are expected to pay
fees which. after remaining in the regis
try for five years, in accordance with the
custom in regard to moneys paid into the
registry, are turned are to be turned
over to the Treasury of the United States
at the end of such five years if there has
been no other disposition of them within
that time
In this connection attention was d1-
rected today to the possibility of an
injustice being worked to litigants un-
der such a rule, as we'll as to the audi
tor. Lawyers questioned the propriety
for the court to fix fees for the audi
tors work, to collect those fees from
litigants. and then. instead of paying
all of them to the auditor. to turn them
over to the United States registry.
A much better way, lawyers say,
would be for the court to regulate
fees charged litigants so that there
shall be no surplus to be made pres
ent to the United States by Htigants.
They declare that it would obviously
be fair to charge litigants as little as
possible. and that there can be no rea-
son for persons who are hampered
with the expense and trouble of law
suits being charged more than is abb
solutely necessary for auditors fees
only for the purpose of making a
money present to the government.
There is no reason. it is said. why the
United States government should make
a profit on lawsuits in the District of
Columbia.
Provision of the Statutes.
The statutes relating to funds in the
registry of court and rule of court
bearing upon the compensation of the
auditor are as follows:
sec 995, Revised Statutes:
"All moneys paid into any court of the
United States. or received by the
officers thereof, IN any cause pending
or adjudicated in such court. shall be
forthwith deposited with the treasurer
UT dSSlStdHt lTtdSuTtT. OF Il
depositary of the United States, in the
name and to the credit of such court:
Provided. that nothing herein shall be
construed to prevent the delivery of
any such money upon security, accord
ing to agreement of parties under the
direction of the court.
sec. 996. Revised Statutes:
NO money deposited as aforesaid
shall be withdrawn except by order of
f1,o md ind nf ma
spectively, in term or vacation, to be
signed by such judge or judges and to
be entered and certified of record by
the clerk; and every such order shall
state the cause in or on account of
which it is drawn.
Amendment to section 996 by act of
February 10, 1897:
And it shall be the duty of the judge
or judges of said courts, respectively,
to cause any moneys deposited as
aforesaid which have remained in the
registry of the court unclaimed for ten
years or longer to be deposited in a
designated depositary of the United
states to the credit of the United
States
Regarding Unclaimed Money.
Amendment to section 936, by act
of March 3, 1911:
IN every case in which the right to
withdraw money so deposited has been
adjudicated or is not in dispute. and
such money has remained so deposited
for at least five years unclaimed by
the person entitled thereto, il shall be
the duty of the judge or judges of said
court, or it's successor, to cause such
money to be deposited in the Treasury
of the United States, in the name and
TO the credit of the United States:
provided that any person Or per
sons, or any corporation or company.
entitled to any such money may on
petition to the court from which the
money was received. or its successor.
and upon notice to the United States
attorney and full proof of right there
to, obtain an order OF court directing
the payment of such money to the
claimant, and the money SO deposited
as aforesaid shall constitute and be a
permanent appropriation for payments
| in obedience to such orders. and this
act is applicable to all money deposit
ed in the Treasury of the United
States in accordance with section 996,
Revised Statutes of the United States
as amended February 19. 1897"
Equity Rule 81:
| The compensation of the auditor