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Carlisle American Volunteer (Newspaper) - August 26, 1852, Carlisle, PennsylvaniaBy John b. Bratton a dim country May it always be wont but big it of Roku our vol. Per my Carlisle pa., thursday August 26. 1852. Thirty second. Congress. Speech of nos. Jab is x. Big Lanai a a on the subject of regulating the fees of clerks marshals and attorneys of the circuit and District courts of the United slates. Delivered in Tho tums or Washington August 5, Lana Ian Bald Al this Lalo period of tia Bession i will not occupy Moro of the time of the House than i doom necessary to a Brief explanation of Tho provisions of Elliis Bill. To Deviso a plan for Tab fair and just taxation of costs in the Quot Federal pc outs of Tho United Lutcs a task of no Ordinary Tiffi curly. Nor is k pretended that the present Bill wily attains this do Strablo object but i Feci no Best Falloni asserting that its adoption will tend to Trio amelioration of Tho condition of our judicial expenses bad cannot fait to meet the approbation of Ivory in telling Cal Man. That there is a necessity which demands the action of Congress on this subject must Howo Vor gave Tho highest compensation throughout in addition to Tho retaining fee. A the Cirii fee Bill being Tho highest was adopted for criminal As Well As civil business by Tho District attorneys in Tho Federal courts. Tho Feo Bill of attorneys for both of Vil and criminal suits remained substantially the Samo from about Tho year 1700 until 1840� Whin a now Feo Bill was Mado for civil causes Only the criminal Fco Bill remaining nearly Tho Somo to Thia Day. A Tho civil too Bill of 1840 fur Tho final Timo pro. Vides that Tho Samo Man May Tako Feen in Tho double capacity of attorney and counsel in Tho Samo Causo or proceedings but in civil causes Only. It abolished ail Folio fees for drawing and copies of writs pleadings and other papers and proceedings and substituted a specific too for each Ono for instance iu8ioad of allowing Twenty five cent for one Hundred drawing pleadings and twelve end a half cents per Folio for each copy it allowed $2 50 for drawing a declaration and $1 25 fur each copy amp a. The charges end Abueva in the Stato courts under the april term 1849-the former $29, and Tho lat a cd def its. Ter $25 75. 1 a Quot 0 Sloto c0uflb. I i a a. Iho no. 12 in Tho courts of eng nine Tonitis a a. W. �?�7 who Ijaz a Pivon it ,l0 us a or 1840, allowing double Foo. O. A or Noyo quote 0 a a it he a Quot it a a a a and counsel to Iho it a a , Woro so Groat Leulf Frlj on government Lavo a crop red Hok Lolo Bill end of comr gang tee in a to ,. A Quot up j on 0 a it a of a a a a a a Iloma for Bill Naneye .ollciior., and too Noel we. Wize,lj7�?z Quot �"r7 pc. A Sabolic tied 12, 1848,end� few Cene Ralile. Wit tin lilo list Tea line period Tho or Ponso let Ltd Plano a m i Len i i. ,.i> a m pm aria ,. ,. ,.a a a under Iho act of Congress of j84j, and the Stato Law of 1840, Tho District attorneys Havo charged for Many years past Nad still charge in criminal As Well of in civil suites both attorney s and counsel of Cess where Tho Bill of 1840 allows Tho largest compensation for any service a an attorney Tho charge i usually Mado under that Bill but when Tho old Law allowed the largest compensation for an Itom of ser. Vico Tho charge is usually undo under it. For exam Plo in Tho Bill Jie Reaace referred to of Iho is. Leonard Dyer or Wiull charged for drawing the indict enl two Hundred and forty five folios $61 25 fur of Iho judiciary Havo a Carlo doubled in amount As lilo guardians of Iho Treasury of the people it is our duly to inquire into Tiro causes of this in Menso accumulation in Tho Capon pcs of our Federal courts and if possible to apply a remedy. And sir when in addition to this you calculate Iho amount that is annually expended by suitors in these courts Iho sum swells o millions which a drawn from the pockets of Tho people for Tho establishment of a Eye. Tom which while it pretends to admin Slor speedy also pretends to administer cheap Justice. Well indeed might Ono now adopt the quaint Jang ago of. I of i r r of Yuu in Lino to Infin in the Case of Tho United slates against Dyer a re All try a la to l no it a is <0 a Riff up for o whole compensation of Iho attorney As i Havo Thoro 1� source a Itil h1�?��?� Quot pir�?ol0 Ord re stated before was s340 13. In Iho Caso of the us a cts so a in a a ? is Edward Waiford charged will of voluntarily seizing upon a vessel engaged in Iho witness ind Coch pm nor Lionato to brought Toulon a slave Trade the fees of the attorney were $267 50, Hareas Corpus and returned on a commitment in whilst under the stale fee Bill he would not have Tho state of Virginia Thuro Aro Somo slight abuses in been entitled to More than one fourth that sum if Tho Western District. Allow to to fall Tho attention so much As that. In ibis Case Ibert Are no Lessof t10 Hetiso to some of the abuses in Tho a old Dothan six retaining fees charged of $8 37 j each a Jav Nuj an inquiry waa Mado under a Resolution one for each term of Tho court amounting to $50 hot a Nous in a Ungury last directed la to Soccro five fees Char get one ? Injo Row a what is Tho practice of issuing r a ii ill to pros Oculi Tel to Call Iho sols lion of ibo House to two of or Shepherd the Islo District null Troy. The judicial districts Only. In ibo Northern District of new York in the year coding december 1830, the Nonoy advanced to Tho marshal by the govern., Nional. Was $3,500 in Tho year ending december 1841, it was $10,000 in 1845-$17,298 33 in 184g. �31,585 36, in i8�, 38,373 49 and so on until so a Lloyn cell Nina i .1 acc cd a Narmous Aura of �4m7s paid causes to lbs criminal acc Bill of , and .1 to a marshal Ofilio nor born of now York 0wb no roi0i�?zing cos and a a a a counsel and no trial a r Iho expenses of Iho United Sulla curls Mars or lorm fees of a a .1 cd Din it a a a Tho Sarn District Twenty years before. Have charged a retaining fee As attorney and Connol to Tho District of the government. A,4o% on Yvon a our run of attorney at Inch term of Uulu. 4arged at february torn 1849, for drawing Tho Hilco Mcnol two Hundred folios $, for engrossing and copy $50, and copy for grand jury $95 making in ail $125, for which the Law of 1840 allowed but $6 25. A they have a Chi truly disregarded Tho act of Congress of 1842, which conf inca hem in criminal advanced to the Star thu in 1630, $0,586 13 in 1842, $27,000 in 1851, $02,728. So that the expenses sow in that District Aro about ten times As Groat As they wore Twenty years ago and nearly four times As great As ten years ago. Now notwithstanding the acknowledged increase in Tho population the Trado he wealth and general Prosperity of to country there is no Ono who will deny tint Tho expenses of our Roarta of Justice Ato out of All proportion. Rapid As spa Fhern our Advance in All Tho Ole Monta of National greatness Tho increase of judicial expo spa has Otsui Pocil. Increase of population s one of the methods by which tvs Are enabled to estimate National Prosperity and yet i Tell you that although in respect to population reality in this country has far exceeded Tho wildest Esli Koloj of imagination although our population has increased since Tho year 1800 at Tho rate of 333 per Vennt. Yol in Tho Samo period the inc Russo of judicial expense of to be paid by the government has been at the rate of 1,237 per cent. This is out of All proportion and demands Al the bands of Tho representatives of Tho Puoplo retrenchment and Reform. Or. Speaker a feel Bill is necessarily a subject of a tall by a a a a -1 Quot tj1 a it re a Render it Moro interesting by any efforts of the fancy. As Well might one dec Ralo the brow of o Skeleton with a diadem Aalo attempt to Grace tins subject with Tropea or figures of rhetoric. I shall therefore Content myself by presenting to the House Somo of the Evila proposed lobe remedied with a Brier Ond explicit statement of Tho general provisions of the Bill now Tudor consideration. 1 have alluded to the increase in our Judi is expenses in a very general by. Allow Molo Lorn the attention of the Rouee to a few of Iho special abuse under the Paceoni Laws for the taxation or costs. Cos in Tho Federal courts Aro taxed in must of the slates mainly under lilo provisions of Iho Aci of 28lh february 1799. In Rogu Lea to some extent Tho fees of marshals Tbs fees of attorneys in Admi rarity cases Only with a per diem of $5 for attend ing court and an annual salary of $200. It allow of Tho court. In Tho Oast against a fall no the papers sent to this office show that or. Shepherd charged a retaining fee As attorney $3 As counsel #5, and for warrant of attorney 37 a cents at each of three terms in Alt for each term $8 37j that or. Hall Mado similar charges for lie Samo amount at each of nine terms hat or. Shepherd and or Hall each charged for april term 1849, making in All charged for retaining fees and warrants of attorney Iho sum of 6100 50. The fees far Brief at Orn Cyl fees and counsel ices attending prepared for trial was also repented twelve times at Cloven terms amounting to $108. In Many other causes Tho re it Laming tuna Oro charged from two to eight times in a cause. In fact it seems to to s general practice to charge Thorn and also Tho Nino Dollar trial fee and tur Many other Mere construction services at each term of Tho court. And in Tho Caso of . Marselis or. Shepherd and or. Hall charged retaining cos though Tho cause had been tried and Tho defendant was convicted before either of Thorn Camo into office and nothing remained to be done except to sentence Tho prisoner. Was a motion to enter a a a and thus terminated the cause it Cost the United Sutee $267 50 attorney s fees to ascertain that there age no cause of action. Allow me air to allude to another knee in now York Tho Case of the United states is. Marsello indicted for stealing letters from the new Yolk net office who was tried and convicted prior to sctt ber 1848. At the october term in 1848, or. District attorney Butler charged the government $10 75. After the conviction or. Shepherd charged $20, at the january term 1840, and or. District attorney Hall Aleo charged $20, at the May term 1849. Each of them charged retaining fees after the conviction and before sentence. In thi9 Oao in which a Convis onion was had before either or. Shepherd or or. Hall had anything to do with the prosecution each of them 1 say charged a retaining fee of $8 37. I hold in my hand the charges for services in the state court of the District attorney of Scheneck lady county in Tho Sute of new York. The amount a for the Ordinary services of a term. It includes the drawing of three indictments i trial and subpoenas and the preparation for trial in shirt pen cases and yet the aggregate amount of for the term is $62 06 whereas the District attorney of the United Sta 09, in the Case against Waiford where he made a motion to enter a Nolle prose gut charged $96 12� at one term and in All $267 50. The clerks Are in ibo habit in the state of new York of making searches at each term of the court and they charge Tho government Larno sir a get Ihil to Fgli look a the a sectional statement 1 will turn the attention of the House for on a moment to the of Erk a fees in the District court for the Southern District of Mississippi and Endeavor to show that these evils Aro Tather National in their character. Here you have 0 8 made for Tho attendance of the clerk on three unfinished cases of bankruptcy amounting to the sum of $310 10, claimed by the clerk and certified by the judge of that court As compensation for his per dem on attending the court. Tho judge of that District certified to the account As follows accounts of William Burns Clork for Bis per diem from May 19, 1815, to november 18, 1848, for 800 Days silting in bankruptcy at $5 per Day $>4,450 four Days on Oiler business 20a no a a a a a Ulvi Ieuv. Guril 1iu� in unnecessarily Mulli plied is too or lilo Ceuca of 1,0 mar Casa of judicial expense. There Woro in the District in the year 1849 at one Timo no Cha than one Hundred and Twenty two prosecutions Lor contempt of court against to Vanloon person for on wife Aach a Cong our town Proa a unions against each of six persons and four prosecutions against each of Tho others. Tho whole Cost was thrown upon Botro Maury of lilo untied states. you a 1850, Tho witnesses in Virginia seams to have been contumacious again and you find eighty three proceedings against fourteen witnesses to Ono a pc in Winch lilo clerks fees amounted to Over 8197, 11 of which was charged to Tho United states be. Sides Tho to Raing fees for serving Procos in each their fee under Tho Stato fee Bill in Force service rendered yol they have paid no a to Tho repeal in 1848 of Iho old Fco Bill in ci1 n cores a Ben n lid non Montion Lilune Tysl cause Lilg ovum Blu a a a a a a a a clerk a per Tom of$5 for attending court and lbs a Amo com pm amp ton billowed by Tho statutes of the stale of the clerk of their supreme court with one third added thereto and fur All services not especially provided for the attorneys and Marshall Are allowed the seme compensation allowed by Tho state statute respectively for such so Raj cab to attorneys and bar if it. Tho compensation of Tho officer of the United state courts then to a great extent depend upon Tho fees allowed under the Bute Fco Bill. Thoro Oro no two state in which Tho Fco Bill Aro similar and it thereto follows that Tho compensation for Tho same services in different in ouch of Tho stale. And so Gront i till inequality that i will Havo but Hub difficulty in convincing the Zilonas of it palpable injustice in those Stales in which no fee Bilu exist the Only compensation that can be procured under Tho decision of Tho attorney general of lilo United slates for services rendered is Tho annual salary and Tho per diem whilst a i will presently show in other state a Liberal compensation is allowed by Tho sult a Fco Bill. Whether in civil of criminal proc cedi Ngy the compensation of an officer of Tho court in the stale of now York would under Tho present a a a Tein be More than 200 per cent above Tho cum allowed for similar services in Roost of Tho Western or mid Dlo states. In Virginia Tho compensation loan attorney for services in Tho criminal court Nandor Tho 5th Sec Lloa of Tho act of Congress of 1799.1� discs Tio Nury Ion a the court. Whilst in Fonn Sylvania the Only fee is $6�?and in Somo of the states $5. In Virginia Tho charge i�$2i for drawing on inuit mint and the uial Fco allowed by Iho court is from $50 to $500. Thoro is not another Stato in Tho Union except new York and Louisiana where Tho attorneys Feo in criminal cases is anything like As Large a a in Virginia. In Many of Tho states it is Bolow $10 and in few if my above $25. In new York in Tho your 1849, in the Case of Tho United Stales Dyer under the provisions of the act of Congress of 184v, the Sla tulo of now York of 1840, Tho District attorney in a Proto culion for perjury so construed Tho Law that no charged the government $246 j2�, and his account was certified by the judge whilst under Tho now York statute by which alone to was authorised to charge his Fco would not Havo amounted to Tho Ono Fortieth part of thalcum. I Call attention to the following extract from a let. Ter dated 26th of november 1851, from Tho first comptroller la Tho Secretary of the Interior in which to discusses certain malpractice in the state of new York t t Quot first sloth Statser new Iho time of Fth adoption by co ogres of Tho foe Bill of 1799, the style had a fee Bill for attorney in Elvill Causo in Tho supreme court Ono for noun Sellors and another for attorneys in criminal business and other Bill for solicitor and Council in chancery All allowing item feet. The civil fee Bill allowed attorney a and coun not also a retaining fee in each Causa provided counsel was actually employed but prohibited Tho Samo Roan from receiving ices in two a attorney and counsel in Tetamo Causo. The criminal foe Bill did not allow any retaining Feo nor any counsel fees. Both Bills allowed a Folio compensation for drawing ail writ pleading end other papers and proceedings in,.the Progress of s Folio comp is to it my Fly every copy supposed to have been made or necessary land a fee for trial for Cion motion w other Ler Vlco. The civil Lea Bill and the substitution Ofa much lower Ono in it Jaco but Hoto continued to charge As her Otogoro Tho system of cd urging is illustrated by Tho following abstracts of Bills of costs Here then sir you Havo $152 13$ charged against Tho United states in a cause where he attorney concerned under the statute of the state by which he spa bound to Mako out his Bill against the United states was Only entitled to $6 25, in Tho pros Cuton against Anthony Eulac for perjury or. Shepherd the District attorney of now York in 1819, As will to seen by the statement which follows charged Tho Gross sum of $237 12 a and or. Hull his successor charged in the same Case for his services $280 50�?making in Oil $517 g2& attorneys fees in this one Case. I Call the of the House to Tho following items which constitute these Bills Tho United states in Didieo for perjury prior to inc april Lori 1819, Anthony Paulac. J of the states. For making an Index and other general services upon Tho trial where Issue is joined and testimony is Given there is a round Sam of $3 allowed to the clerk. This Loversall Tho services which the clerk til Render in any Oase except those specified in the a Toms of this Bill. For making an Index and other general services in cases where Issue is joined and no testimony a Given he is allowed $2. B in every Cash for making an Index end for taxing costs and other general services where there is a discontinuance or judgement by default to is allowed $1. This compensation is Given to Tho clerks to cover the services performed which Are Noj a enumerated a the of Biff Ems of the Bill. These three items rerun rating for general services afford a larger compensation for such a Ervoes than be state Fea Bills with Ono third added thereto whilst they effectually preclude the accumulation of costs by any ingenious construct it no a equity and admiralty cases Tho labor of the Clork a greatly diminished by the manner provided inf -1---a�?. Are amply paid by Tho Folio compensation. For issuing a subpoena we have allowed Twenty iwo events and for the in portion of each additional name after the first we have allowed fifteen cents this in equal to what is g Ivon in most of Iho state. Tho marshal a fees remain pretty much As they Aro under Iho act of 1799, except where the con Mitt co have inserted provisions to provent know abuses. The to Pilongo of Marshall for serving writs of a we a a we Vii. Ai us , ii Bill filly w i ii lot those proceedings. I adroit that it is sometimes and subpoenas is increased from five to six cents per necessary to Itsuo attachments Ngn lat a unease for Milo. 7�?Tlicro Aro provisions introduced Inlo Thia Bill contempt to Tho process of the court bul cannot i to prevent the practice under existing Laws of in eur fail to strike any Ono As a most singular foolproof i ing a sop Aralo sub Pons for cd of witness whereby Tho administration of Tho Laws in Thia District Thul Cost Ato greatly Leroa de. Tho marshal under the government is so frequently called upon to the act of 1841, roceivos$30 a Tho maximum of All to costs us the so proceedings in attachment for con his compensation for summoning Oil Iho jurors to tempt a in ibo Stato of Louisiana hey Havo no Law for Tho tax Avion of attorneys fees and Tho District Altor Icys of Louisiana have claims Gainal this govern a f their services for Somo Yoars past. Or. Proton received for his services for three toys of a Toni i Baillio was ibo custom of witnesses in Many District when served with dub Pena. In a cause alter they had testified to demand their mileage and Dally and then to depart Tho court. Till rendered it Neoe Isary to Servo a separate sub Coo in Oach Caio a which his testimony was required. This is a palpable de. Feci in Iho Law. Dpi Lii Nijor. Iii Tomc. Jot Iii or rail oboe Dot to daily in each Caso in which they were tube caned before Tho court. A provision 1� made Here to Gaard the interest of Iho United states 1a Thia witnesses shall to subpoena to to attend to testify generally and not depart the court without he Lefo of Iho judge or District attorney under which it shall to their duty to appear before the grand jury or Pella jury or both a hey shall be required by Tho court or District attorney. Tho fourth Section in Tho Bill prot def fir Tho taking of filse oaths and Tho fifth Section avoid interned doing with the fog Idro slave Law. Another important provision in this Bill in Thia that All Ooala in Casos whore by Law Cusp a Are recoverable in l10 pfc a Ungs i the judge not or decree against the losing in cases in which Tho United slates in a parly Tho marshal shall on the order of to Coart Tho Jnora and Winch pcs Suomi fees a under the prove a. Ion of Iho Bill Hoy mar to entitled to to be allowed on Iho att Emem of his accounts at the the certify Calo of Tho judge is not necessary fur Tho settlement of Tho account of the marshals clerks commissioners or disc Rio to aug mods at the Teo Scarf department. Tho party claiming Pomponi Salaa from Iho government is required to verify by oath his Eba Rios and on a fair settlement of his accounts at Tho Treasury shall to paid whatever May to due under the Lora a of this Law. This plan is calculated to relieve Tho judges of lilo courts and their ministerial officers As Well As Tho officers of tile Treasury from much embarrassment. I Havo been spoken to by Moro ban Ono of the judge $1.470 the whole number of Days within that period was number of Sab Haiha a a number in very tuner tiran tsp Baths not charged1.880 Yoars a District attorney of Looi Aiana of Ward of $25,090. Or. Downs his successor for about fourteen months received upwards of $13,000 for his service. Or. Durant who Sucic cod him received for two years $16,321 93, and for three years including Tho two i Lugo just named to has received about $21,000, end he still has a claim against this government which he has urged with singular per male Rico upon Bis claim after recon tag some $21,000 for three year a Oral co in now about 830,0017 against lilo government. For similar services rendered in any state in this Union except in the Stales of new York Virginia and California these services would not have amounted to Ono tenth part of Whit Lias Boon certified Ond allowed by Tho court for his services. 1 we ii Here allude to Trio dec Lohrand eases of Wilson Ond crafts tried with signal ability by a gentleman from alas Sachi Setfa who i am sorry to see has this Day vacated lilt seat on account of sickness or. Rantoul a those cases occupied him for forty Turco Days in the examination of ninety Turco witnesses and id making an argument which reflected upon him Groat credit As a a Tver. For his services during these forty Throo Days to received Tho paltry consideration of $79 , when the marshal claimed for in s services in Iho same cases six thousand and Somo Odd Hundred dollars. With Moro Limo. I might go on and enumerate Many other evils proposed to to remedied by this Bill. I will now very briefly however direct Tho allo lion of. The Alouso to Tho provisions of Tho Bill. First in regard to Tho fees of attorney a solicitor and proctors a attorney a in any Ono term of court. It was thought that this was but poor compensation. The Bill before the House Howo Vor raises it up Toa maximum of $50. In order Hilry my Sruc dil 8100 Quot to m"�?~1 courts by which boy will b. Rollo cd from the onor. By very Bufo Servido Al to . Cub. To 0n5 ,ndj1�lgre,.w� daiy t s a i . i m 4l�m to. Al it Ann at b Ini. Us Tho United states court to adopt Somo mods for ibo settlement of Tho accounts of Flo officers of lha 1.280 onthn7 Hof february 1846, the Elerk reported to Tho Secretary of a a late of the United states that the number of applicants for Relief under the bankrupt act was cases 872 number data charged proceedings withdrawn in cases abated by death of parly number of cases then pending 861 g 2 3 872 int Ninlin fee warrant a Fau Urne. 37. Motion for trial $3 attorney and to Natol and to. 11�?� a n to pop to Pond $1. Fief attorn by nod cow Jcj Feo. Prepared. Thawing Rosin copying amp Ait Niue it a taiga. Ona i Arm Feo. Attorney am enu Eagn Dio Ion to i Lonj nag Niz Nncy forfeited that Iljins. Total. For May and Juno Lermy. Above july Lenn Rel g $8 37 for three items above 83-Totat. September term ,8d, amp 3d Itom. Uno a april term total october term let sound 3d item same As april terms total november term. I�t.2rl Ami 3<1 ii Ems a Amo of april term total december term it 21 and 3d items ume a april term a total. January term. Let. A and 3d items Ramo a april torn a total or. Nail a charges at nine term of Couf or. Burns charged from february 7, 1846, the Dato of that report to november 18, 1848, for Bis not Ondarco on the court in bankruptcy to Dis Noso or those Turco cases 6g2 Days at $5 per Day $3,310 s. J. Gholson judge of that District certified t Tho account and a a that Tho attendance upon said court silting in Bank unto of William Burns clerk thereof of specified in the foregoing be Strait. Marshal makes Tho service by sending Tho Wal Loniro to i do poties who exc Cuto it and cargo mileage Fruin to place of service to Tho place of holding the court and lilo writs Are returned a they were sent through the Post office. Tho service and Silengo amount generally to More than $50 a but the Bill Umilta Tho Chargo to that sum. In is readily Porc Elved that Thero is but Lilloo travel performed and Iho. Mola our made Ihu nne he a a a held of the Samo time Ond Tho jurors for Bou court Aro summoned us Tho Earno Tyno and $50 charged on Tho Loniro to each maximum com. Pons Tion of$50 allowed for summoning Tho jurors to one court of $100 for two courts held at the a time in Moat to Alacca Tho committee deem a foil and and Quala commensal it for Iho services of of any marshal. The other foes of to marshal Aro substantially the Samo As Havo Boon established Cinco the organization of Flo judiciary system of this government. Tha marshal s foes on Xea Lions Are regulated by Iho Laws Ofilio s Alo respectively and i cannot Well be otherwise Boca Uso Tho process of exo Cullen follows Tho forms of executions in How Overa stairs. Tho third Section of this act is a copy of lilo one Hundred and sixty to vent paragraph of Iho appropriation act of 1842, under which marshals District of to government a duty in he performance of which Lioy not in req cutly Aro brought loto unpleasant collision with the accounting officers. To Catuso in to Bijj to which i Havo referred remedies Bis Ovil and furnishes a bettor and safer method of adjusting and paying the Minuit Oral officers of our court whatever claims they May Hato ogs last Tho but it Oil to lot Enugu a Epson to n a uniform system throughout the United states now i hog of Tho Alouso to soda Island that it i not the object of ibis Bill merely to Forduce Tho fest of the ministerial officers of Tho Federal courts but to equalize to a compensation for similar services a in every District in Ilo Union. In would to derogatory to the dignity of to government to in inadequate Price for services rendered besides it Wood to false Economy and impolitic to adopt a parsimonious by item. Our object Shore Fra has been to prepare a Bill that will establish a uniform system for Tho taxation of costs to devise a Law lbs a will to explicit definite and Clear so As to prevent Alt abuses growing out of ingenious Fafa Preta Ion a sad to cutoff All Consin Attivo services end All prolixity and useless forms and thus White it pro. Pooi to diminish to labor of to officers. Of to in Iris it furnishes a just and Liberal compensation court. Whole ground of Tor having carefully examined the statutes of Oach stator after having had to advice of Many judge and letters from Somo of the most celebrated jurists of this country after having con. Soiled will Iho judges of Tho supreme court and after having before us several Hills which had received Tho air nation of the Jedi Cuiry committee of the by no a and report of the solicitor of lilo Treasury in 1648, and Tho reports of Tho Presont comptroller it was believed by Tho comm Uoo that Iho cos allowed to attorneys under livid Bill will to a just and fair conic Nealion and upon Tho a vols present about aft in Avernus for what a a now allowed in Moi of the Sluice. A now provision Lias been similar to what is in Force in a Omo of lilo slates increase in to event of conviction in a criminal Cascaldo com pins onion of Tho attorn by. Another provision is introduced into this Bill to Settle lilo of a is of those attorneys who Oro pressing their claims for a further con pen Alan from Tho government from Tho slates in which there is no Feo Bill for lilo taxation of costs. The Hill provides list those attorneys shall to paid for Oil Tho claims which they May have Iii not Tho govern not in Tho lust six year in log a they May Havo Al Randy received corp no Blip a of a Ioir a cry Lutfu. To other Prosl Sion Ostend a a Ponci Juris. My. April. $3 37 de 37 83 37 3 00 o of 0 00 0 00 0 00 0 00 1 75 1 75 1 75 g2 it 00 3 00 0 50 25. S a �?~�5 �29 00 825 75 01 25 s3 25 35 00 32 00 2 3 00 30 25 Tho charges of Lorenzo b. Shepherd Tho pro a Eleasor of or. Hall in Tho Samo cause Are a follows _ Date 1849 items. April. Feb by. Lorm Shepherd a charges which include Lal tid 3d Loros i $3 fur motion to Poa Inone trial $50 for drawing Indio Lmont or 200 folios $50 for on grossing amp copying and $25 for boules for Tho Grond jury,1 maidu term lot,2<1, and 3d horns Samons april term above april torm it 1st, 2d, end 3d items name a allowed by or Hail charged total charge taxed and paid to shop Ord for three Tormo. Total attorney Feas taxed and paid for eleven terms of court $178 25 29 87j 29 00 $237 12� Given under my hand and Seal amp a Tho idea or this government paying $3,310 00 to the clerk for attending Turco in find shod cases of a a a in Tho Middle ,.v,. Go of that District certifying to an account of a clerk for ninety two Days More than can possibly to counted in the period embraced. Tho judge certified in this in a Lanco for constructive services against Tho government an account of $3,620, after Tho Clork had slated in no loss than six Somi annual emoluments account sworn by him that to was a not entitled to any emoluments other than those Iho Roin specified which did not include any portion of Tho $3,620. Hero the clerk was already paid by his own acknowledgement for All his actual sort and yet Somo years after word the judge certifies an account for constructive services amounting to to extraordinary sum of 83,620. ,. Even in uie Stato of Pennsylvania this disposition to make a per diem Quot allow Loco to clerks fur attendance in court when to court waa not in session scorn to Havo prevailed in to Western District. It appears by to report of Tho final comptroller in executive document no. 93 of this session that Iho judge of Flo was torn District enrol fed and allowed a Compono Alion to his son for Aue nuance As clerk in open court at five dollars a Day fora period of nearly six years under Tho provisions of Tho bankrupt Lawn Whon it 1� por factly Manito Arhat Tho court waa not actually in Scanlon but Only constructively open for the purpose of filing papers and to allow Tho Clork to enter common orders under Tho existing rules. In Tho stale of Kentucky Moro poli Lions Woro filed in Tho bankruptcy than in Tho Wost Orn District of Pennsylvania and yet it would Sproat that Only Ono Hundred and four Day Aro charged for by Tho clerk at a compensation of$520. The clerk in Tho Western District of Pennsylvania charged from the your 1849 to 846 for about eight Hundred and Twenty Ono Days and actually received on i Clr own certify Calo and Tho allows co of Tho judge Somo $3,600. To to. Wolf sir i will refer next Lothy Esto Ortho null of states Wilson crafts a celebrated in Marasoh Solls. Without going a no duh i will state that in a prosecution of those Mon for Oona piracy to cast away lilo ship Franklin Tho marshal s costs amounted a taxed by him to $6,147 55. It in but Justice in ibis connection log a that that account As by the marshal has never Boon certified by the judge. The judge certified Only Ono of the sir Bills pros onto by the marshal Moon tip g to in and about $1,500. In this Faao there word �1 or eight we tosses who Woro brought up by a writ of Hassas Corpus issued each Day. For Oach of the wit nausea and each witness was returned to jail each $517 g2 or. Shepherd Antt mrs holi both charged for Neshea and Oach witness waa returned to j Day upon a commitment. The marshal s feet of the six a the two prisoners amounted to to enormous sum of. $6,147 55, mope then $190 a Day for bringing up and committing Tho wit pro of the common Law and Tio statutory regulation of Tho different stoles for Iho consolidation of actions to criminal a uses. The Bill loaves Iho whole matter discretionary with Tho court. The Multop Liolion us ind Climont and of procies for Tho purpose of in creating foe has Tocoma an evil so enormous that it seems necessary to introduce Tjimis Principio of Tho common is and Iho statutory regulations of Iho slates Inlo Iho criminal Laws of Tho United states and whenever several suits Aro prosecuted which should to consolidated it is provided that the District attorney of Tho United states shall to paid but Ono Bill of costs for All of then. And Whon Vor vexatious suits or proceedings Ato instituted Tho court a authorized to Impoco Iho payment of Tho Costa on Tho attorney who occasions them Tho next provision of the Bill Contemplo Les Tho correction of another great evil. When a criminal is to be Romosod from one dle Riotto another a will be seen by a ref Cronce to Conkling e treatise pages 405 and 406, in Tho stale of new York the practice be to give a warrant to the marshal who is to remove Tho prisoner a second warrant to Tho marshal from whom to is to to received and a third warrant to be delivered to ibo marshal or jailor who is to receive him. Thia accumulation of cola unnecessary and uselessly expo naive. The Bill is intended to prevent any ouch abuse. Id regard to Clork foes Tho compensation allowed to clerks a regulated by Tho provisions of the act of Congress february 28th, 1799, which adopted Iho fees allowed to Thoo Lerka Otbo supreme courts of the a Coral states with Ono third added thereto. In Many of the states Tho compensation is too Small and Tho effect of to Bill will to let ouch instances to Ralso them while in Olhorn states will very materially diminish them. One of the principal causes of Ftp great increase in Iho judicial expo sos of Tho government i is Tho itemizing of fees. Whenever a great number of items Oro found in a foe Bill the ingenuity of officers claiming compensation Baa Boon taxed to obtain a Dou Bio compensation for Tholf be Iviree. Having in Home cases Iho right to claim compensation under Tho Acia Congress end in others under the statutory regulations of Tho Statos they Chargo Somo items under Ono Law and Torao under another and thereby obtain a higher compensation than y fair taxation of Costa under either statute would Civo them. In other instance they Chargo in accordance with Somo precedent or usage Stoma of posts Wiloh Are not authorized by any at Tuto. Those different modes for Iho taxation of costs Oreato to much Van certainty that the amount o compensation of Tho officers depends o a great extent on their ingenuity in making out their bins. There Aro necessarily a Vetal items of fees allowed to the Slerka of the courts but it has been the object of the committee to allow a Fet a a Raou Cable a general compe Nealion instead or item a the Folio compensation. Allowed for Ontoles and copies a believed to be larger than la Given in most a for Neva and clerks Ara required to return annually for Horve pcs performed by them. The to Tho Treasury of Tho United slates a slalom enl of i mho Bill air will even do More then All Tho emolument of their offices. The marshal it Luiu. It will a Avo some $200,900 annually to the a Ekowo a compensation not. A acceding $6.000 Tho i Pujic Treasury and it will prevent to Poller District attorney not exceeding $6,000 and an it cd a Ctorn of Acca frown Floc of those whose Falla clerk of the circuit court and Tho District court a \ has a arvo a a a a a cd i it Enn Liun no exit Edt �, ii Jiju a a a it a Quot a attn tui n that 1 Honvo indicated any surplus after the payment of lilo no Saary exp emacs goes Inlo Tho Publia Treasury. 1 come now to Tho commissioners foe. Thoro is Rio Law at present regulating Trio foe of Tho com Jaf Joner. Indeed in mod of i to slates Thuro items Aro charged upon whatever Law can be found that gives Tho Iorg Ost compensation. If Trio Eom my Psi once finds the stale statute dues not Truvido a Liberal compensation to charges either $5 or $10 a Day a a a quantum Merit for his services. But in regard to commissioners Ibero Aro very Fow stale Laws that afford any just or Truo estimate by which heir coat May to charged. To give Thorn a Mode Ralo compensation in this Bill Ond Ihu committee tuvo proposed two amendment which Stu to read which Indi onto to amount of fear to be received by Trio commission cry under Tho with great Britain and France in regard in the extradition of fugitives from Justice. Wit Nesses a feel to Havo raised from $1 25 to $1 50, and we have Dono this acc Nus before this very Congress Thuro Ore Novorul application of witnesses Btu Ghl from a distance to Tho Crimmi court in this District who Havo under oath testified a tin. Fogt mar it i in Ionn Ihu judiciary that $1 25 was inadequate to . --7� 77&Quot this City. To Havo there Foro raised Tho foe of witnesses to $150, and we Lugo Given Iho usual Mif Oag. Ive Lugo made n provision a Liu Bill by which wit Nesses us Penrod Casolo Tho a Amo courts shall Lugo but Ono travel Fco and one per diem comp Nealion allowed for Alfa Naticc. Why or in the state of now York and in a Ohio other stale a subpoena 1� issued for Oach will cd a and under Tho decision of to attorney general a subpoena was regarded a a writ and 83 was charged for Tho acco and a ticket containing Tho Omu Enis of Iho sob Pana was loft with Tho person notified to attend Tho pm try 11 ats and Caps Spring styles. We. Ii. Trout Hao just received Sod Ope Terf Trio Spring Stylo of list for 1852, in Ole Gaut article to which a invites Tho attention of Tbs Pablo. Lita hats Aro of All prices from the most elegantly finished to Tho cheap common Agliolo and of every variety of Stylo now worn. How Ofili aues to manufacture and keep always Oil. Bind a full assortment of hats and gaps for men and boys and to can sell a cheap or and better article than any other establishment in town. Those in want of Good Well made und of gently finished hats would do Well to calf before purchasing elsewhere. Tho attention of citizens and strangers is particularly invited to Tho Beautiful Spring Stylo of lists Juht received a really handsome article and warrants d to to just As Good As 1s Noat and tasteful in Upp Taranco. Remember that Tho largest and Best assortment in town May always to found at to oct a it Jinez a wow a a in it la a a Law of coach Tilini Kiln. Coach Plant engr Badillo and Arnesa Mac Luff. Re pipe sub scr hours inform Tho Public it that they Havo opened a new Ohop in North inn Over Street a few door North of glow a hotel where they Uro prepared to make Orr Partido in their Lino of business of cheap s neat and a substantial As can be had any where in Cumber land county. They Aro now prepare to trim and Cilly cant. for it. To a of a a i Ond pain Concho of Lorl Polico Ond on Iho 60 was therefore charged for Tho service of Tho writ reasonable terms. I hey Hayo also on. Hand and 1 will manuf Acturo to order. Single and double Hor lies saddles bridle Collar Dio. Having had considerable of Perince in Tho Abov business the undersigned hotter themselves that they can Gwo satisfaction to All who Andy their Puilum. Willi Mode Ralo Price Ond a desire to please they solicit a share of Public Onago. In. Ii. £ha.mdar6jeftf-o. M. Conklin. Carlisle Juno 24, 1952�?ly_ of subpoena beside Mif ago Tho comm Loco have introduced into thin Hill n Olauso that to think will effectually prevent this Abuso hereafter. They Liao also introduced a very Humano and salutary provision into Tho Bill which is when a witness is detained in prison and requires Security for his appearance has Hall to a compensation of Ono Dollar a Ordioni Over and shove his subsistence. They Havo also Mado provision for the such wet Nassos As May to sont to this country to to testify by our foreign ambassador a charge and consuls. Aston for frees Iho Oom Mitt co have ral cd their compensation from $1 25 to 82 a Day and regard this cum As Little enough for the set vices of any in who will attend Iho United stoics courts gents ill Lipold in our Vilics a Omro his boarding and lodging will amour a who now receives for la la a or Viool. In regard to printers feel there 1� no Brunch of is subject into which there Olafa Groat or inequality # in Tho a mount charged for services. Tho Divor Elk warehouse. Tas. T derr1ckson amp co., 105 Fulton at., a new York have constantly on Ham s very it Trgo and de Streblo assortment of paper which boy offer in Tho lowest terms consisting of now and Book papers All Sixes and weights letter cups tissue hanging Wilto and coloured different widths English and american hardware so eating hatters cloth pattern Manilla Straw Reg wrapping ton papers dec., acc. A a. Far roc7f1ng paper constantly on Hind and x for a Alo in ibo lowest term by . Deru Wokson co., 105 Fulton �t., now York. Loco Foco match Box paper of a Superior Quality for Calo on Tho most reasonable ten a by m Jab. T. Derrickson 5a co., 105 Fulton st., now York a a to. A i a ally of compensation allowed to Printer for services Rendard under orders of the courts of Justice is almost is great As it is under Tho Feo Bill that regulated Tho compensation of marshals clerks and District attorneys. To Havo Intro Duard into his Bill a sea ton taken from Iho Rovi Aad statutes of lib slate of now York Pigo 739. This compensation in not Quito so Large but a predicated upon Tho same Principio with Tho compensation paid by Tho Post office department to those that do its Tho Bill further provide lha a no other or greater cos than those allowed in Thia Bill a Hll be received by any Lork attorney marshal or their deputies and Tho receipt of any such illegal fees is Mado a Modem Manor and punish Abl by Fino and imprisonment. In the tale of California and territory of Oregon Tho officers Oft be courts jurors and witnesses shall to allowed for Tho term of two your double to fees and compe Natalon allowed by this oct and the a thie set with fifty per cent., shall by added thereto for two Yoars Noel hereafter. Another provision of Tho Bill a hat before Bill of costs shall to to nod by a judge or other of floor or allowed by any officer in favor of clerks a marshals or District st Tortoys Tho party claiming such Bill hts in a fat. La i. . Ohm re. I okapi but by a of ii , a a a a Lugo 6oenactually.ndaeae.ixrily Perfo Rii of us Iii lib Lecce Long Rod ,.u w i it w Muir a Lue Bat paper and and for Sale by. Derrickson amp co fun Toft a a no a by Ork my b a a. Constantly on hand Jin for safa by. A8. T. Derrickson. Amp co August 5,1853-�?3m . Moho Lykon a Valley nut goal Ejaus it Crox it Juu article of burning Limo receiving and Fox. Salo by we Murray fit. July 20, 1862�?otn a to have made another provision in Iho Bill. Ill july 29,1852�?$m Blacksmith s Coal. Bushels of i cd of o Iuppo Riqie a at

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