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 62d Congress, [ HOUSE OF REPRESENTATIVES, j Report 
 
 U Session. \ \ No. 425. 
 
 COMPENSATION FOR CLERKS OF UNITED STATES 
 
 COURTS. 
 
 March 16, 1912. — Committed to the Committee of the Whole House on the state of 
 the Union and ordered to be printed. 
 
 Mr. Clayton, from the Committee on the Judiciary, submitted the 
 
 following 
 
 REPORT. v 
 
 [To accompany H. R. 21226.] 
 
 The Committee on the Judiciary, having had under consideration 
 House bill 21226, providing for compensation of clerks of United 
 States district courts, report it back with the following amendments, 
 with the recommendation that the several amendments be agreed to 
 and that the bill as amended do pass. 
 
 AMENDMENTS. 
 
 First. In the title of the bill strike out the first two words. 
 "Relating to," and insert in lieu thereof the words "Providing for, 
 and after the word "courts" and before the period at the end of the 
 sentence insert the words "and for other purposes." 
 
 Second. Page 1, line 7, after the semicolon following the words 
 "United States," insert the following: ''Provided, That the portion 
 of the fees which the naturalization law allows clerks of United 
 States district courts to retain shall be accounted for to the United 
 States and be included in the quarterly accounting for naturalization 
 fees required by law to be made, except that upon the approval of the 
 Secretary of Commerce and Labor a clerk of any United States court 
 collecting naturalization fees in excess of six thousand dollars in the 
 fiscal year nineteen hundred and twelve or in any fiscal year there- 
 after may retain so much of three thousand dollars of naturalization 
 fees in the following fiscal year as may be necessary to pay for the 
 clerical assistants, for naturalization purposes only, which clerks of 
 courts are required to employ by section thirteen of the act of June 
 twenty-ninth, nineteen hundred and six (Thirty-fourth Statutes at 
 Large, part one, page five hundred and ninety-six)." 
 
2 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 This amendment was suggested by the Department of Commerce 
 and Labor in response to a letter from the chairman of the com- 
 mittee recjuestino; an opinion as to the effect upon the Bureau of 
 Immigration and Naturalization of the bill as originally framed. 
 The letter of the chairman of this committee and the reply of the 
 Department of Commerce and Labor are hereto appended. 
 
 Third. Page 6, line 4, strike out the words "four thousand and five 
 hundred" and insert in lieu thereof the words "five thousand. " 
 
 Fourth. Page 7, lines 7 and 8, after the word "Tennessee" strike 
 out the words "three thousand five hundred" and insert the words 
 "four thousand." 
 
 Fifth. Page 8, line 21, after the word "exceeding" strike out the 
 word "six" and insert in lieu thereof the word "four." 
 
 OFFICE OF CLERK OF CIRCUIT COURT ABOLISHED. 
 
 The judicial code which went into effect January 1, 1912, abolished 
 the office of clerk of circuit court. Prior to that time in many cases 
 the clerk of the circuit court also held the office of clerk of the district 
 court, and received the compensation of both officers, to wit, an amount 
 not over $7,000 per annum. The clerk of the district court must 
 now in every case discharge all the duties heretofore incumbent upon 
 both the clerk of the circuit court and the clerk of the district court. 
 Section 839 of the Revised Statutes provides that out of the fees 
 earned by him in his office the clerk of the district court may retain 
 as compensation for his services a sum not to exceed $3,500, the 
 amount (subject to this limitation) being fixed by the Attorney 
 General as provided in said section. Under the old order which 
 provided for a clerk of the circuit court and a clerk of the district 
 court, there were in some districts more than one clerk of each the 
 circuit court and the district court. Arizona had five district clerks 
 as a Territory. Now, under the joint operation of this bill and the 
 judicial code the number is reduced to one. New Mexico had seven 
 district clerkships as a Territory and now has one. Among districts 
 having more than one may be mentioned the following: The eastern 
 district of Kentucky, where there were six circuit court clerks and 
 six district clerks; western district of Kentucky, where there were 
 four circuit court clerks and four district clerks; and the western 
 district of Virginia, where there were four circuit court clerks and 
 four district clerks. Under the provisions of the judicial code there 
 can be but one clerk in each district, or a total of 79 clerks. 
 
 BILLS INTRODUCED TO CHANGE COMPENSATION OF DISTRICT CLERKS. 
 
 Bills have been introduced in the Senate and the House of Repre- 
 sentatives at this session of Congress to increase the maximum com- 
 pensation to $5,000 per annum to be retained by the clerk out of his 
 fees earned. It seems to be generally believed that $3,500 is in some 
 cases too small a compensation for the clerk who now must discharge 
 all the duties heretofore incumbent upon the two clerks, circuit and 
 district, and in other -cases that sum would be excessive compensation. 
 
 rV ^SF PSj 
 
 v 
 
COMPENSATION FOR CLERKS OP UNITED STATES COURTS. 3 
 
 PURPOSE OF THIS BILL. 
 
 This bill has as its prime object the abolition of the existing system 
 of compensating clerks of the district courts out of fees earned by 
 them, and seeks to pay the clerks fixed salaries, similar to the plan 
 now provided for the compensation of district attorneys and district 
 marshals. These latter officers, attorneys and marshals, were put on 
 salaries by the act approved May 28, 1896. (29 Stat. L., p. 179.) It 
 is submitted that this measure is in harmony with that legislation 
 and with like legislation which has been had in recent years in many 
 of the States of the Union. 
 
 There has been no change in the method of compensating clerks of 
 district courts since 1853. After careful consideration of all the meas- 
 ures pertaining to the compensation of the clerks of the district courts 
 your committee has reached the conclusion that the salary sj^stem is, 
 for many reasons, better than the fee system. By it there would be 
 an improvement in the public service and the Government would be 
 benefited by a saving annually of many thousands of dollars. 
 
 By the provisions of "this bill all the fees, of every character received 
 by the clerks of the district courts will be paid into the Treasury of the 
 United States, and the clerks will receive fixed salaries, which are 
 stated in the bill. The information and the reasons which -guided the 
 committee in fixing these salaries are stated in the hearings Skd accom- 
 panying documents hereto appended. 
 
 By reference to the hearings, which are appended to this report, it 
 will be found that after the payment of the salaries of clerks, deputies, 
 and clerical assistants the United States will receive the services of the 
 clerks without expense, and that fees collected from firms, individuals, 
 and corporations will pay all the expenses of the clerks' offices, includ- 
 ing the salaries of deputy clerks, and still leave a substantial balance 
 to be turned into the Treasury. The reform proposed by this bill is, 
 it is believed, worthy of legislative sanction. 
 
 Section 289 of the Judicial Code. 
 
 Section 289. The circuit courts of the United States, upon the taking effect of 
 this act, shall be, and hereby are, abolished ; and thereupon, on said date, the clerks 
 of said courts shall deliver to the clerks of the district courts of the United States 
 for their respective districts all the journals, dockets, books, files, records, and other 
 books and papers of or belonging to or in any manner connected with said circuit 
 courts; and shall also on said date deliver to the clerks of said district courts all 
 moneys, from whatever source received, then remaining in the hands or under their 
 control as clerks of said circuit courts, or received by them by virtue of their said 
 offices. The journals, dockets, books, files, records, and other books and papers so 
 delivered to the clerks of the several district courts shall be and remain a part of the 
 official records of said district courts, and copies thereof, when certified under the 
 hand and seal of the clerk of the district court, shall be received as evidence equally 
 with the originals thereof; and the clerks of the several district courts shall have 
 the same authority to exercise all the powers and to perform all the duties with 
 respect thereto as the clerks of the several circuit courts had prior to the taking effect 
 of this act. 
 
4 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 Section 839, Revised Statutes of the United States. 
 
 Section 839. No clerk of a district court or clerk of a circuit court shall be allowed 
 by the Attorney General, except as provided in the next section and in section eight 
 hundred and forty-two, to retain of the fees and emoluments of his office or, in case 
 both of the said clerkships are held by the same person, of the fees and emoluments 
 of the said offices, respectively, for his personal compensation, over and above his 
 necessary office expenses, including necessary clerk hire, to be audited and allowed 
 by the proper accounting officers of the Treasury, a sum exceeding three thousand 
 five hundred dollars a year for any such district clerk or for any such circuit clerk, or 
 exceeding that rate for any time less than a year. 
 
 March 7, 1912. 
 Hon. Charles E. Nagel, 
 
 Secretary of Commerce and Labor, Washington, D. C. 
 Dear Sir: Herewith I beg to hand you a copy of H. R. 21226, relating to com- 
 pensation of clerks of the United States district courts. It is proposed to amend this 
 bill by inserting after the word "courts" in line 5, page 1, the following words, which 
 are interlined in red ink at the place indicated: "including all fees in naturalization 
 cases and cases where the clerk is appointed by the court or judge to perform any 
 special service." 
 
 The question was raised in the committee as to whether or not the deprivation of 
 the clerks of the fees they are entitled to in naturalization cases and the covering of 
 such fees into the Treasury, as provided for in the proposed amendment, will cripple 
 or disturb the administration of your service in any case. 
 
 I will thank you very much to give me an opinion this afternoon. The committee 
 will meet to-morrow at 10.30 o'clock a. m. to give further consideration to the bill and 
 to take up this proposed amendment in particular in the light of your report. 
 Yours, very truly, 
 
 Henry D. Clayton, Chairman. 
 
 Department op Commerce and Labor, 
 
 Office op the Secretary, 
 
 Washington, March 7, 1912. 
 
 Dear Sir: I beg to acknowledge your letter of even date herewith, inclosing a copy 
 of the bill H. R. 21226, relating to the compensation of clerks of the United States 
 district courts. 
 
 Responding to your request for an expression of my views with relation to the effect 
 upon the naturalization service of embodying in the measure the words interlined in 
 red ink after the word "courts" in line 5, page 1, I have to say that it would, in effect, 
 constitute a repeal of important provisions of section 13 of the naturalization act of 
 June 29, 1906. This section requires clerks of courts to account quarterly to the 
 Division of Naturalization of the Bureau of Immigration and Naturalization for the 
 naturalization fees collected by them. The moneys so received are, under that- 
 section, accounted for to the disbursing clerk of this department upon properly audited 
 abstracts from clerks of courts of collections of naturalization fees, and, after exami- 
 nation by that official, are deposited in the Treasury of the United States, accom- 
 panied by an accounting to the Auditor for the State and Other Departments. The 
 disbursing clerk of the department is held responsible under his bond for these fees. 
 
 Duplicates of all naturalization papers are received in the Division of Naturalization, 
 and the audit is made in that office of the remittances of naturalization fees by com- 
 parison with the records of naturalization papers filed. Such a comparison and audit 
 can not be made in any other office of this department or in any other department. 
 
 Section 7 of the proposed bill requires the clerks of United States district courts 
 to account quarterly to the Attorney General for all of the fees embraced within the 
 terms of the proposed bill. 
 
 Section 13 of the naturalization act provides that the clerks of courts exercising 
 jurisdiction in naturalization proceedings shall be permitted to retain one-half of 
 the fees in any fiscal year up to the sum of $3,000. It also requires these clerks of 
 courts to make use of the portion of fees, which they are permitted to retain, by paying 
 for the additional clerical force that may be required in performing the duties imposed 
 upon them by the naturalization act. If the words interlined should be incorporated 
 in the bill they would seem to require clerks of United States courts to cover into 
 the Treasury of the United States that portion of the naturalization fees which they 
 are now allowed to retain and required to expend in the manner described above. 
 
COMPENSATION- FOR CLERKS OF UNITED STATES COURTS. 5 
 
 In several of the United States district courts substantial expenditures are annually 
 made out of the $3,000, which the clerks of these courts retain, for the purpose of 
 employing clerical assistants to meet the demands upon their offices for the filing of 
 naturalization papers. The embarrassment which would result from requiring the 
 clerks of all United States courts to deposit the portion of the fees which they now 
 retain and make use of would be practically incalculable. 
 
 On the other hand, the interlineation appears to have been made for the purpose 
 of insuring the covering into the United States Treasury of all fees, so as to place the 
 offices of the clerks of the United States district courts solely and entirely upon a 
 salary basis. The omission of some suitable provision for this object seems undesir- 
 able. If no provision should be made to this end any clerk of a United States dis- 
 trict court where the naturalization business should not demand the employment 
 by him of additional assistants to perform the duties imposed upon him by the natur- 
 alization law, could retain the one-half of the naturalization fees up to $3,000. Such 
 amounts retained would, therefore, be in addition to the compensation provided by 
 the bill. 
 
 Section 7 of the bill requires deposits of all fees with the Treasurer of the United 
 States "in the manner provided by law." If this should be construed as not to 
 require the deposit of the portion now retained by the clerks of courts, since there is 
 no law now requiring such deposit, the omission of some provision would not embar- 
 rass the administration of the naturalization law in the manner stated above. 
 
 With the desire, however, of safeguarding the administration of the naturalization 
 law and to insure the proper deposit of the portion of the naturalization fees referred 
 to, it is suggested that the following words be inserted after the words "United States" 
 at the end of line 7 in lieu of the interlineation submitted: 
 
 "Provided, That the portion of the fees which the naturalization law allows clerks 
 of the United States district courts to retain shall be accounted for to the United States 
 and be included in the quarterly accounting for naturalization fees requfced by law 
 to be made, except that upon the approval of the Secretary of Commerce and Labor 
 a clerk of any United States court collecting naturalization fees in excess of $6,000 in 
 the fiscal year 1912, or in any fiscal year thereafter, may retain so much of $3,000 of 
 naturalization fees in the following fiscal year as may be necessary, to pay for the 
 clerical assistants, for naturalization purposes only, which clerks of courts are required 
 to employ by section 13 of the act of June 29, 1906." (34 Stat. L., pt. 1, p. 396.) 
 
 By this proviso the portion of the fees now retained by clerks of courts will be 
 accounted for to the United States along with the other portion of their naturalization 
 fees. The only exceptions would be found in large cities where the naturalization 
 business is so excessive as to require the relief which the law now provides. In these 
 cases no retention could be made except upon the approval of the Secretary of Com- 
 merce and Labor, and only in such amounts, not exceeding $3,000 in any fiscal year, 
 as in his judgment would be necessary to enable the clerks of courts to pay for the 
 clerical assistance which the law now requires them to pay out of the portion of fees 
 retained by them. 
 
 With this comment and suggestion, the bill is returned. 
 Very truly, yours, 
 
 Benj. S. Cable, Acting Secretary. 
 
 Hon. H. D. Clayton, 
 
 Chairman Committee on the Judiciary, 
 
 House of Representatives, Washington, D. C. 
 
 Hearings Before Special Subcommittee No. 5 of the Committee 
 
 on the Judiciary 
 
 [House of Representatives, Sixty-second Congress, second session, March 2, 1912.] 
 
 Special Subcommittee No. 5 of the 
 
 Committee on the Judiciary, 
 
 House of Eepresentatives, 
 Washington, D. C, March 2, 1912. 
 The special subcommittee No. 5 met at 11 o'clock a. m.. Hon. Henry 
 D. Clayton presiding, the committee having under consideration the 
 matter of fixing salaries of United States district court clerks. 
 
6 COMPENSATION FOE CLERKS OE UNITED STATES COURTS. 
 
 Present: Kepresentatives Clayton (chairman of the Committee on 
 the Judiciary), Dupre, Norris, Davis. Sterling, and Higgins. 
 
 Present, also: Mr. E. M. Keatley, clerk of the United States Dis- 
 trict Court for the Southern District of West Virginia. 
 
 The Chairman. After the partial consideration that the full com- 
 mittee gave to this bill, of which there is a committee print only, 
 relating to compensation of clerks of the United States district 
 courts, the other day, I concluded that it would be better if I could 
 get some members of the committee with me to-day and go over the 
 matters embraced in the bill so that I might introduce the bill and 
 have the amounts of the salaries stated in the bill in accordance with 
 the best judgment of at least some members of the committee. It 
 seemed to me impracticable to get all of the committee together to go 
 over this matter in a detailed way, so I wrote a note to Messrs. Webb,. 
 Norris, Sterling, Higgins, Davis, and Dupre, and asked them to 
 meet me here to-day and to constitute themselves, together with my- 
 self, a subcommittee for the purpose of considering the details of this 
 bill. I am glad to see that all to whom I sent this note are here ex- 
 cept Mr. Webb and Mr. Norris. I am sorry they are not here, and 
 I know that they are detained for some good reason, because they 
 both had signified their desire to be here and help us with this work. 
 I do not know why they are not here, but I know it is for some good 
 reason. 
 
 I hope, gentlemen, that since you are each furnished with a copy 
 of this bill and with all the printed data in reference to it, you have 
 read this printed data and that we can now enter into an examina- 
 tion of the bill with at least some information which will serve to 
 guide us in reaching a correct conclusion as to the proper amount 
 to be allowed the clerk in each particular case. I have heretofore 
 told the full committee and a subcommittee of some of the elements 
 that I thought ought to enter into consideration in fixing the amount 
 to be allowed for the clerk in each case, and I need not repeat those 
 elements to you. You will see that the printed data that I have 
 given to you suggest certain elements, facts, and figures, all of them, 
 however, in harmon}' with what I have heretofore suggested should 
 be taken into consideration. The Attorne}^ General has fully an- 
 swered the letters that I have written to him in reference to this 
 bill, and has supplied the information asked for. We have with us 
 to-clay Mr. Keatley, who has had large experience as a clerk, both of 
 the circuit and district courts of the United States in the southern 
 district of West Virginia, and he has gone over this data, all this 
 printed matter, with me very carefully and in a detailed way. Per- 
 haps the best way for the committee to thoroughly understand it will 
 be to take up each case, the salary to be fixed in the case of each clerk, 
 and then refer to the printed data or have Mr. Keatley do so. I 
 should be very glad if any member of the committee would make 
 any suggestion he may deem proper so that we may get an intelligent 
 consideration of the measure. 
 
 Mr. Keatley. May I make a statement at this point? At the 
 beginning of my statement I want the committee to know that I 
 represent all the clerks. I am not speaking for the southern district 
 of West Virginia alone; I am endeavoring to represent the whole 
 subject. 
 
COMPENSATION FOR CLERKS OP UNITED STATES COURTS. 7 
 
 Mr. Higgins. You have an organization and they have delegated 
 you ? 
 
 Mr. Keatlet. Four or five clerks had a meeting in St. Louis after 
 the passage of the judicial code and requested me to come to Wash- 
 ington and represent them. Then others have written asking me to 
 act. 
 
 The Chairman. There are 79 clerks of district courts who will be 
 affected by this bill. And I now desire to know, according to the 
 official data, what is the gross income of those 79 clerkships from 
 fees ? 
 
 Mr. Keatley. Annually? 
 
 The Chairman. Annually. 
 
 Mr. Keatley. The average for the years 1909, 1910, and 1911 was 
 $1,068,650.56, as shown by the reports of the Attorney General. 
 
 The Chairman. What was it the last year — 1911 ? 
 
 Mr. Keatley. I seriously question whether that total for the year 
 itself has been carried out — yes, sir; the total was carried out, and is 
 $1,123,790.38 for the fiscal year 1911, and I think would be nearly ; 
 $100,000 more for the calendar year 1911 than the average for 1909, 
 1910, and 1911. 
 
 The Chairman. Why have we not been able to get the figures to 
 complete 1911? 
 
 Mr. Keatley. That is due to the fact that the emoluments of clerks 
 are figured by calendar years, while the books of the department are 
 kept by fiscal years, ending June 30. Therefore our figures go up to 
 June 30, 1911, and do not include the last six months of 1911. 
 
 The Chairman. Why do you think that for 1911 there would be 
 about $100,000 more than the average for 1909, 1910, and 1911? 
 
 Mr. Keatley. Well, I am only judging from the condition in two 
 or three districts with which I am familiar. For example, in the 
 southern district of West Virginia our average for the past three 
 years has been a little over $8^000. For the year 1911, the calendar 
 year, my office income was close to $12,000; it now runs about $1,000 
 a month. The figures show, by comparing the various districts, that 
 in practically every district there is a steady increase year by year. 
 The books, of course, were not closed for 1911. 
 
 The Chairman. What were the figures for 1910? 
 
 Mr. Keatley. I do not believe that we calculated the years — I 
 took the average and then calculated that as a basis, because I knew 
 it was very conservative. 
 
 The Chairman. You have a printed statement there showing that? 
 
 Mr. Keatley. Yes, sir. This statement headed " Gross earnings 
 of clerks in United States courts," which is in the communication 
 from the Attorney General, gives in three separate columns the three 
 years and then the average, and the average was the one from which 
 the total was taken, as that was thought to be conservative. 
 
 The Chairman. Will you please insert that in your statement here ? 
 
 Mr. Keatley. I will do so. 
 
 The document referred to follows. 
 
8 COMPENSATION FOE CLEKKS OF UNITED STATES COUETS. 
 
 Appendix A. 
 
 gross earnings of clerks in united states courts. 
 
 Office of the Attorney General, 
 
 Washington, B.C., January 25, 1912. 
 Hon. Henry D. Clayton, 
 
 Chairman House Committee on the Judiciary, 
 
 House of Representatives. 
 My Dear Mr. Clayton: I have had prepared, and hand you here- 
 with, statement showing the gross earnings of the clerks of United 
 States courts during the fiscal years 1909, 1910, and 1911. 
 
 In the following districts the clerks have neither reported nor 
 claimed all of the fees earned from the United States, as the maxi- 
 mum compensation to which they are entitled under the law has been 
 reached without including all the fees which they might charge in 
 their accounts against the United States, viz: Massachusetts, New 
 Jersey, New York, southern; Ohio, southern; Pennsylvania, western. 
 The clerks in the following districts are paid salaries under the 
 law: Alaska, Hawaii, Illinois, northern. 
 
 In the following districts the clerks are authorized by law to charge 
 double fees: California, Oregon, Nevada, Idaho, Wyoming, North 
 Dakota, Washington, Montana, Arizona, New Mexico. 
 
 If there is any further information that I can get for you bearing on 
 the question, pray command me. 
 
 Faithfully, yours, Geo. W. Wictjersham, 
 
 Attorney General. 
 
 Statement showing gross earnings of clerks of United States courts during the fiscal years 
 
 1909, 1910, and 1911. 
 
 Judicial districts. 
 
 Number. 
 
 Fiscal year 
 1909. . 
 
 Fiscal year 
 1910. 
 
 Fiscal year 
 1911. 
 
 Average. 
 
 Alabama: 
 
 Northern 
 
 7 
 2 
 2 
 
 517,370.19 
 6, 725. 56 
 6,303.20 
 
 $21, 126. 07 
 5,999.82 
 8, 269. 61 
 
 $21, 506. 35 
 5, 533. 49 
 5,430.90 
 
 $20,000.87 
 
 Middle 
 
 6,086.29 
 
 Southern 
 
 6, 667. 90 
 
 Alaska: 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 16, 549. 70 
 
 12,871.06 
 9, 648. 46 
 
 27, 524. 39 
 
 22, 547. 87 
 
 14,343.61 
 
 5,431.11 
 
 3, 577. 46 
 
 18, 706. 13 
 
 10,681.08 
 9, 218. 56 
 
 27,547.72 
 
 18,876.95 
 
 12, 703. 28 
 
 6, 653. 17 
 
 4,890.50 
 
 16,302.65 
 
 11,075.32 
 7,894.93 
 
 23, 918. 18 
 
 21,744.16 
 
 15. 754. 71 
 
 7,849.85 
 
 3,917.82 
 
 
 Arkansas: 
 
 Eastern 
 
 4 
 3 
 
 3 
 3 
 3 
 2 
 1 
 
 11,542.81 
 
 
 8,920.65 
 
 California: 
 
 Northern 
 
 25, 663. 43 
 
 Southern 
 
 21,056.32 
 
 Colorado 
 
 14,267.20 
 
 Connecticut 
 
 6,644.71 
 
 Delaware 
 
 4, 128. 59 
 
 
 
 Florida: 
 
 Northern 
 
 4 
 6 
 
 4 
 5 
 
 5, 983. 66 
 10,498.86 
 
 21,733.49 
 15,463.85 
 5, 136. 60 
 7, 467. 66 
 
 48,326.43 
 
 9, 485. 65 
 
 11,245.74 
 
 17, 659. 16 
 
 8, 578. 51 
 10, 922. 26 
 17, 489. 39 
 
 6,700.48 
 7, 979. 71 
 
 21,898.25 
 
 15,217.17 
 
 6,335.13 
 
 8, 223. 06 
 
 48, 521. 83 
 8, 646. 75 
 9,751.11 
 
 14, 032. 82 
 
 7, 305. 26 
 10, 235. 78 
 19,421.17 
 
 5, 929. 12 
 9,802.47 
 
 20, 520. 96 
 
 13, 203. 78 
 
 5,714.35 
 
 10, 619. 81 
 
 45,921.84 
 9,366.25 
 8, 493. 07 
 
 15, 121. 21 
 
 6, 722. 60 
 11,622.45 
 17,850.02 
 
 6, 204. 42 
 
 Southern 
 
 9, 427. 01 
 
 Georgia: 
 
 21,384.23 
 
 Southern 
 
 11, 294. 93 
 
 
 
 Idaho 
 
 4 
 2 
 
 8,770.17 
 
 Illinois: 
 
 Northern 
 
 47,590.30 
 
 
 9, 166. 21 
 
 
 3 
 5 
 
 5 
 6 
 5 
 
 9,829.97 
 
 Indiana 
 
 15,604.39 
 
 Iowa: 
 
 7, 535. 45 
 
 Southern 
 
 10, 926. 89 
 
 Kansas 
 
 18,253.52 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 Statement shoiving gross earnings of clerks of United States courts during the fiscal years 
 1909, 1910, and 1911— Continued. 
 
 Judicial districts. 
 
 Number. 
 
 Fiscal year 
 1909. 
 
 Fiscal year 
 1910. 
 
 Fiscal year 
 1911. 
 
 Average. 
 
 Kentucky: 
 
 6 
 4 
 
 2 
 5 
 3 
 2 
 2 
 
 3 
 2 
 6 
 
 3 
 
 4 
 
 4 
 6 
 5 
 8 
 1 
 3 
 3 
 
 816,333.75 
 16, 168. 48 
 
 19,844.85 
 7,124.10 
 
 10, 613. 04 
 8,059.62 
 
 30. 164. 46 
 
 8, 228. 95 
 
 8,706.64 
 
 24,142.19 
 
 7,948.50 
 12,811.50 
 
 14,000.47 
 
 17,875.33 
 
 11,962.09 
 
 18,431.71 
 
 4,890.41 
 
 4, 108. 78 
 
 27,471.55 
 
 8,071.76 
 
 9, 680. 85 
 15,282.60 
 54,691.48 
 
 9,899.71 
 
 10. 070. 47 
 15,312.38 
 10, 417. 70 
 
 33, 518. 51 
 14, 623. 03 
 
 50,410.10 
 9, 768. 65 
 19,783.12 
 
 21,427.88 
 10, 794. 07 
 20,830.30 
 3,284.41 
 8,225.75 
 10,865.76 
 
 9,249.51 
 7,260.79 
 10, 900. 07 
 
 9, 326. 90 
 9,232.78 
 9,847.81 
 8,671.96 
 4,386.98 
 3,966.33 
 
 15,563 24 
 12,931.29 
 
 12,426.64 
 29, 872. 23 
 
 13,074.66 
 7,822.44 
 
 6. 247. SO 
 
 6,292.27 
 3,865.90 
 
 $17,311.78 
 14,143.26 
 
 22,108.34 
 
 8. 542. 73 
 12, 128. 99 
 
 8. 793. 74 
 
 30. 401. 58 
 
 8, 309. 71 
 
 7, 095. 05 
 
 2-3,449.48 
 
 7,615.57 
 12,341.27 
 
 25,876.78 
 22,003.62 
 
 14. 627. 59 
 18, 405. 00 
 
 5,864.63 
 3,868.63 
 28,254.26 
 8,036.10 
 
 10,149.30 
 17,257.99 
 55,259.36 
 10,767.85 
 
 11,091.24 
 
 13, 992. 46 
 
 9, 695. 77 
 
 19, 188. 26 
 19,116.67 
 
 23, 952. 04 
 15,847.72 
 22,728.65 
 
 20,663.62 
 10,676.11 
 20,033.11 
 3,760.22 
 7,973.31 
 9,438.25 
 
 10,387.10 
 
 6,977.34 
 11,861.24 
 
 11,019.92 
 7.345.33 
 9,602.78 
 9,204.08 
 3,895.16 
 4,400.10 
 
 12, 703. 82 
 12,071.84 
 
 14,112.34 
 31,304.02 
 
 13,331.35 
 6,978.51 
 
 6, SOS. 99 
 7,095.94 
 9,873.35 
 
 817,511.10 
 14, 737. 65 
 
 20, 692. 25 
 9, 429. 07 
 
 10,442.72 
 9, 755. 65 
 
 31,028.01 
 
 9,687.86 
 8,804.58 
 25,054.93 
 
 6,746.47 
 10,077.24 
 
 16,156.20 
 23,024.63 
 14,451.10 
 18,301.73 
 6,382.05 
 4,020.73 
 29,023.77 
 13,371.47 
 
 9,700.19 
 18, 149. 03 
 61,160.25 
 10,461.1^ 
 
 10,826.33 
 
 17,676.94 
 
 9,028.47 
 
 29,020.51 
 17,397.08 
 
 14,210.28 
 13,587.54 
 22,304.13 
 
 25, 479. 38 
 
 10, 585. 06 
 
 20,058.63 
 
 4,349.14 
 
 7,421.47 
 
 9, 793. 67 
 
 9,661.83 
 
 7,896.70 
 11,871.85 
 
 11,559.02 
 10,144.79 
 8,595.15 
 9,941.47 
 7,112.61 
 • 4, 326. 94 
 
 11,519.31 
 11,227.97 
 
 13, 773. 20 
 29,042.29 
 
 15,213.09 
 8,903.31 
 
 6,683.37 
 7,586.00 
 7,016.72 
 
 $17,052.21 
 
 
 15, 016. 46 
 
 Louisiana: 
 
 20,881.81 
 
 
 8,365.30 
 
 
 11,061.58 
 
 
 8,869.67 
 
 
 30,531.35 
 
 Michigan: 
 
 8,742.17 
 
 
 8,202.09 
 
 
 24,215.53 
 
 Mississippi: 
 
 7,436.84 
 
 
 11,743.30 
 
 Missouri: 
 
 18,677.88 
 
 
 20,967.86 
 
 
 13,680.26 
 
 
 18,379.48 
 
 
 5, 712. 36 
 
 
 3, 999. 38 
 28,249.86 
 
 
 
 New York: 
 
 5 
 1 
 1 
 6 
 
 5 
 6 
 5 
 
 3 
 3 
 
 6 
 5 
 3 
 
 1 
 3 
 2 
 2 
 
 4 
 4 
 
 3 
 2 
 2 
 
 5 
 6 
 5 
 5 
 2 
 3 
 
 3 
 
 7 
 
 3 
 3 
 
 5 
 
 5 
 
 3 
 4 
 4 
 
 9.S43.44 
 
 
 16,896.54 
 
 
 57,037.03 
 
 
 10,376.24 
 
 North Carolina: 
 
 10, 662. 68 
 
 
 15,660.59 
 
 
 9,713.98 
 
 Ohio: 
 
 27, 242. 43 
 
 Oklahoma: 
 
 Western 
 
 Oregon 
 
 Pennsylvania: 
 
 Middle 
 
 Western 
 
 17, 045. 59 
 
 14,210.28 
 13,067.97 
 21,605.30 
 
 22, 523. 63 
 10,685.08 
 20,307.35 
 
 3,797.92 
 
 
 7,873.51 
 
 
 10,032.56 
 
 Tennessee: 
 
 9,766.15 
 
 Middle 
 
 7,378.28 
 
 
 11,544.39 
 
 Texas: 
 
 10.635.28 
 
 
 8,907.63 
 
 
 9,348.58 
 
 
 9,272.50 
 
 Utah 
 
 5,131.58 
 
 
 4,231.12 
 
 Virginia: 
 
 13.25S.79 
 
 
 • 12,077.03 
 
 Washington: 
 
 13,428.06 
 
 
 30,072.S5 
 
 West Virginia: 
 
 13.873.03 
 
 
 7,901.42 
 
 Wisconsin: 
 
 6,580.05 
 
 
 6,991.40 
 
 
 6,918.66 
 
 
 
 Mr. Sterling. We have a statement here headed " Compensation 
 actually received by the clerks of United States courts for the year 
 1911." " For instance, it says, "Alabama, northern, $7,000," and so on. 
 I think I understand how his happened to be $7,000. He was clerk 
 for both courts, was he not ? 
 
 The Chairman. Yes. 
 
10 COMPENSATION" FOE CLEEKS OF UNITED STATES COUETS. 
 
 The statement referred to by Mr. Sterling is here inserted, as fol- 
 lows: 
 
 Appendix B. 
 
 Compensation actually received by clerks of the United States courts for the 
 
 year 1911. 
 
 State. 
 
 District. 
 
 Amount. 
 
 Alabama. 
 
 Arizona.. 
 Arkansas. 
 
 California. 
 
 Colorado 
 
 Connecticut. 
 Delaware.. . 
 Florida 
 
 Georgia. 
 Idaho 
 
 Kentucky. 
 Louisiana. 
 
 Maine 
 
 Maryland... .. 
 Massachusetts. 
 Michigan 
 
 Minnesota. 
 Missouri.. . 
 
 Mississippi. 
 
 Montana 
 
 Nebraska 
 
 Nevada.. 
 
 New Hampshire. 
 
 New Jersey 
 
 New Mexico 
 
 New York 
 
 Northern. 
 Southern. 
 Middle... 
 
 Eastern.. 
 Western.. 
 Northern. 
 Southern. 
 
 Northern. 
 Southern. 
 Northern. 
 Southern. 
 
 Illinois 
 
 Northern 
 
 
 Southern 
 
 
 Eastern 
 
 Indiana 
 
 
 Iowa 
 
 Northern 
 
 
 Southern 
 
 Kansas •. 
 
 
 Eastern. 
 Western. 
 Eastern. 
 Western. 
 
 |7, 000. 00 
 3, 487. 20 
 
 3, 358. 82 
 1 2 15, 102. 65 
 
 7, 000. 00 
 
 6, 850. 83 
 
 1 13, 035. 26 
 
 '13,703.82 
 
 7, 000. 00 
 
 4, 939. 60 
 
 3, 917. 82 
 
 4, 947. 92 
 
 6, 264. 86 
 
 7, 000. 00 
 4, 412. 69 
 
 1 7, 000. 00 
 
 6, 500. 00 
 
 5, 736. 42 
 5, 886. 74 
 
 7, 000. 00 
 
 4, 883. 51 
 7, 000. 00 
 7, 000. 00 
 
 3 10, 148. 97 
 
 4 10, 907. 65 
 
 7, 000. 00 
 
 7, 000. 00 
 
 7, 000. 00 
 
 5, 644. 01 
 7, 000. 00 
 
 6, 749. 39 
 
 6, 246. 28 
 
 7, 000. 00 
 7, 000. 00 
 7, 000. 00 
 
 5, 348. 72 
 
 6, 665. 53 
 1 7, 000. 00 
 
 7, 000. 00 
 1 5, 053. 25 
 
 4, 020. 73 
 7, 000. 00 
 
 5 13, 367.47 
 
 5, 920. 96 
 7, 000. 00 
 7, 000. 00 
 7, 000. 00 
 
 x Double fees and double maximum are allowed clerks in this district under sec. 840, 
 Revised Statutes, and amendatory acts, with a proviso that when both circuit and 
 district clerkships were held by the same person the maximum for both offices should 
 not exceed $7,000 per annum. 
 
 2 Arizona had five district clerkships as a Territory. 
 
 3 Previous to Jan. 1, 1912, there were six circuit and six district clerkships in this 
 district. 
 
 * Previous to Jan. 1, 1912, there were four circuit and four district clerkships in this 
 district. 
 
 5 New Mexico had seven district clerkships as a Territory. 
 
 Eastern . 
 Western. 
 
 Eastern.. 
 Western.. 
 Northern. 
 Southern. 
 
 Northern . 
 Southern . 
 Eastern . . 
 Western . . 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 11 
 
 Compensation actually received by clerks of the United States courts for the year 1911— 
 
 Continued. 
 
 State. 
 
 North Carolina. 
 
 North. Dakota. 
 Ohio 
 
 Oklahoma. 
 
 Oregon 
 
 Pennsylvania. 
 
 Rhode Island . 
 South Carolina. 
 South Dakota.. 
 Tennessee 
 
 Texas. 
 
 Utah 
 
 Vermont. 
 Virginia.. 
 
 Washington. 
 
 West Virginia. 
 
 Wisconsin. 
 
 Wyoming. 
 
 District. 
 
 Eastern. 
 Western . 
 
 Northern . 
 Southern. 
 Eastern.. 
 Western.. 
 
 Eastern. 
 Middle.. 
 Western. 
 
 Eastern . . 
 Middle... 
 Western.. 
 Northern. 
 Southern. 
 Eastern.. 
 Western.. 
 
 Eastern.. 
 Western.. 
 Eastern.. 
 Western.. 
 Northern. 
 Southern. 
 Eastern.. 
 Western.. 
 
 Amount. 
 
 $7, 000. 00 
 7, 000. 00 
 1 6, 518. 22 
 7, 000. 00 
 7, 000. 00 
 7, 000. 00 
 7, 000. 00 
 1 14, 000. 00 
 7, 000. 00 
 7, 000. 00 
 7, 000. 00 
 3, 747. 14 
 
 5, 998. 98 
 7, 000. 00 
 
 6, 222. 59 
 5, 479. 66 
 
 7, 000. 00 
 
 5, 622. 95 
 
 3, 814. 94 
 4, 126. 18 
 
 ^4, 971. 87 
 
 • 4, 895. 26 
 
 3, 108. 81 
 
 5, 139. 76 
 
 2 7, 000. 00 
 
 1 12, 324. 36 
 
 1 14, 000. 00 
 
 7, 000. 00 
 
 7, 000. 00 
 
 4, 736. 87 
 
 6, 286. 72 
 4, 967. 87 
 
 1 Double fees and double maximum are allowed clerks in this district under sec. 840, 
 Revised Statutes, and amendatory acts, with a proviso that when both circuit and 
 district clerkships were held by the same person the maximum for both offices should 
 not exceed $7,000 per annum. "■. . ■ . 
 
 2 Previous to Jan. 1, 1912, there were four circuit and four district clerkships in this- 
 district. 
 
12 COMPENSATION FOE CLEEKS OP UNITED STATES COTJETS. 
 
 Mr. Steeling. Now, take the next one, the southern district. Was 
 that amount fixed by the Attorney General ? 
 
 Mr. Keatley. No. 
 
 Mr. Sterling. How did he get that? 
 
 Mr. Keatley. Under the statute as it existed previous to the 1st 
 day of January, the clerk was entitled to earn $3,500 in fees in each 
 court, after deducting therefrom all the pay of deputies and the 
 expenses of his office. After making that deduction for both the 
 circuit court and the district court the clerk received for his compen- 
 sation $3,487.20. 
 
 Mr. Sterling. Now, going down to Arizona, it is $15,000 there. 
 That is five clerks, is it, or one clerk ? 
 
 Mr. Keatley. No, sir; that was five separate men holding five 
 separate appointments in the old Territory. That has now been 
 abolished by the operation of the judicial code. 
 
 Mr. Sterling. For the western district of Arkansas, $6,850.83. 
 He was clerk of both courts? 
 
 Mr. Keatley. Yes, sir. 
 
 Mr. Sterling. And lacked a little bit of getting both salaries in 
 full? 
 
 Mr. Keatley. That is correct. 
 
 Mr. Sterling. Take it in Connecticut now, $4,939.00. How does 
 that come? Is he clerk of both courts? . 
 
 Mr. Keatley. Yes, sir; he was entitled to earn $7,000. In expla- 
 nation, permit me to say that these figures in all the districts repre- 
 sent the aggregate amount that was paid to both circuit and district 
 court clerks, no matter whether it was two men or one man. In com- 
 piling this Capt. Glover, of the department, added them together 
 and made that the compensation of the clerks in that district, no 
 matter whether it was one man or two. In most cases there was only 
 one. Sixty-three of the clerkships previously existing were held by 
 one and the same man ; 42 were held by separate individuals. 
 
 You will also note from that statement the curious anomalies that 
 existed under the law. For example, there were six circuit clerkships 
 and six district clerkships in the eastern district of Kentucky alone, 
 and they were each entitled to earn $7,000 under the old law. 
 
 The Chairman. How much did they earn? 
 
 Mr. Keatley. As a matter of fact, they actually earned in the 
 eastern district of Kentucky, in 1911, $10,148.97. Ten of those clerk- 
 ships were held by one man. Five circuit clerkships and five district 
 clerkships were held by Mr. Menzies. He was clerk at Covington, in 
 the eastern district of the State. In the western district of the State 
 Mr. Konald received about $10,907. 
 
 Mr. Sterling. Reading the hearings held before the subcommit- 
 tee on this matter, I noted there was some colloquy, Mr. Chairman, 
 between you and Mr. Glover as to supplies to these various clerks. 
 
 The Chairman. Yes, sir. 
 
 Mr. Sterling. Now, is it the idea that these salaries as suggested 
 here in this bill shall be net to the clerk, or shall he furnish his own 
 supplies ? 
 
 The Chairman. They shall be net to the clerk. The supply propo- 
 sition is all provided for by law, just as the supplies of the marshal 
 and district attorney are provided for by law. 
 
COMPENSATION FOR CLERKS OF UNITED STATES COUETS. 13 
 
 Mr. Sterling. Well, I inferred from some things that Mr. Glover 
 said that the clerks furnished their own supplies. 
 
 The Chairman. If you read the whole colloquy there you will find 
 out that Capt. Glover confessed his error. 
 
 Mr. Higgins You cited some statutes there 
 
 The Chairman. Yes; and I would like to have those statutes in- 
 serted here. I have the reference for them, but I would like to have 
 the statutes showing that it is covered by existing law. Capt. Glover 
 seemed to think that this bill is to take care of the purchase of sup- 
 plies, just as the law takes care of the purchase of supplies for the 
 district attorney and the marshal, and the colloquy led to the dis- 
 closure of the fact that Capt. Glover was mistaken in thinking that 
 such legislation was necessary. Now, I will quote from the former 
 hearing [reading] : 
 
 Mr. Glover. Instead of allowing the clerks to buy all sorts of supplies for their 
 offices the department will furnish those supplies just as they furnish supplies 
 for United States marshals now. 
 
 Mr. Clayton. This bill in no wise deals with that subject. 
 
 Mr. Glover. Well, we want it to. 
 
 Mr. Clayton. I think not. 
 
 Mr. Glover. How will that be determined — just let it go along as it has been 
 done, and buy all the stuff they please? 
 
 Mr. Norris. I should think a great deal of economy might be brought about 
 by a uniform system in this supply business by letting the department furnish 
 all the supplies, because they are practically the same for every district. 
 
 Mr. Clayton. That applies to the marshal, the district attorney, and every- 
 body else, and I don't see why we should take that up in a salary bill for clerks. 
 Now, I have had numerous conferences with the Attorney General and a great 
 deal of correspondence about it, and he has never suggested putting that in 
 this bill. 
 
 Mr. Glover. Well, he naturally wouldn't think of that. 
 
 Mr. Keatley. Isn't that all covered in the general law now? That is my 
 understanding of the statute. The Department of Justice has the right to 
 prescribe these administrative details. You have conferred that right upon 
 the Attorney General by law. 
 
 Mr. Clayton. I have here references to the statutes covering the subject, 
 which are as follows : 
 
 CITATIONS IN RE AUTHORITY OF DEPARTMENT OF JUSTICE. 
 
 "Sec. 346 (R. S.). There shall be at the seat of government an executive depart- 
 ment to be known as the Department of Justice, an Attorney General, who shall be 
 the head thereof." (Act of Sept. 24, 1789, chap. 20, 1 Stat. L., 92; act of June 22, 
 1870, chap. 150, 16 Stat. L., 162.) 
 
 "Sec. 161 (R. S.). The head of each department is authorized to prescribe regula- 
 tions, not inconsistant wich law, for the government of his department, the conduct 
 of its officers and clerks, the distribution and performance of its business, and the 
 custody, use, and preservation of the records, papers, and property appertaining to it." 
 (Act of July 27, 1789, chap. 4, 1 Stat. L., 28; act of Sept. 15, 1789, chap. 14, 1 Stat. L., 
 •68; act of Aug. 7, 1789, chap. 7, 1 Stat. L., 49; act of Sept. 2, 1789, chap. 12, 1 Stat. L., 
 65; act of JuneS, 1872, chap. 335, 17 Stat. L., 283; act of Apr. 30, 1798, chap. 35, 1 Stat. 
 L., 553; act of June 22, 1870, chap. 150, 16 Stat. L., 163; act of Mar. 3, 1849, chap. 108, 
 9 Stat. L., 395.) 
 
 regulations become a part of the law. 
 
 In United States v Barows (1869), 1 Abb. (U. S.), 351; 24 Fed. Cas., No. 14529, it 
 was held that a regulation of the Treasury Department properly promulgated be- 
 comes a part of the law. Regulations when properly promulgated are the action of the 
 President and have the effect of a statute. (7 Op. Atty. Gen., 453; 10 Op. Atty. Gen., 
 171; Wilcox v. Jackson, 13 Pet., 513; U. S. v. Elison, 16 Pet., 302; Confiscation cases, 
 20 Wall., 92; U. S. v. Farden, 99 U. S., 19; Wolsley v. Chapman, 101 U. S., 769; 
 Runkle v. U. S., 122 U. S., 557; U. S. v. Fletcher, 148 U. S., 89.) 
 
14 COMPENSATION FOE CLERKS OP UNITED STATES COURTS. 
 
 "Sec. 362 (R. S.). The Attorney General shall exercise general superintendence 
 and direction over attorneys and marshals of all the districts in the United States and 
 the Territories * * *." (Act of Aug. 2, 1861, chap. 37, 12 Stat. L., 285; act of June 
 22, 1870, chap. 150, 16 Stat. L., 164.) 
 
 "Sec 368 (R. S.). The Attorney General shall exercise general supervisory powers 
 over the accounts of district attorneys, marshals, clerks, and other officers of the 
 courts of the United States." (Act June 22, 1870, chap. 150, 16 Stat. L., 164.) 
 
 " Sec. 369 (R. S.). The Attorney General shall sign all requisitions for the advance 
 or payment of moneys appropriated for the Department of Justice out of the Treasury, 
 subject to the same control as is exercised on like estimates or accounts by the First 
 Auditor or First Comptroller of the Treasury." (Act June 22, 1870, chap. 150, 16 
 Stat. L., 164.) 
 
 PUBLIC PRINTING. 
 
 Section 87 of the act of January 12, 1895, is as follows: 
 
 "Sec. 87. All printing, binding, and blank books for the Senate or House of Repre- 
 sentatives and_for the executive and judicial departments shall be done at the Gov- 
 ernment Printing Office, except in cases otherwise provided by law." (28 Stat. L., 
 622.) 
 
 "Sec 97. All blanks and letterheads for use of the judges and other officials of the 
 United States courts other than such as are required to be paid for by any of these 
 officers out of the emoluments of their offices shall be printed at the Government 
 Printing Office upon forms prescribed by the Department of Justice, and shall be 
 distributed by it upon requisition." (28 Stat. L., 624.) 
 
 There are given the statutes showing that in this matter of supplies 
 it is all provided for that the Attorney General can control that now. 
 
 Mr. Sterling. Does he do it? 
 
 Mr. Keatley. May I make a statement here ? The practice in the 
 department at present is this: The regulations that they issue to 
 clerks of the United States courts provide that you can buy nothing 
 for your office in excess of the sum of $10 without first having written 
 authority over the signature of the Attorney General of the United 
 States. Those expenditures are audited by the Attorney General even 
 when under $10, and are subject to disallowance by the auditor if 
 not considered a proper expense. Those things are all covered by 
 the present statute. They have been doing that for the past 60 years. 
 If I had the regulations of the department, which we usually call 
 the " Blue Book," it would show those regulations. 
 
 The Chairman. Let me ask you, for the benefit of the committee, 
 to get that book of regulations and put into the hearings right at 
 this point the law and the regulations in respect to the purchase of 
 supplies. 
 
 Mr. Keatley. I will do so. I can get one from the department. 
 The regulations referred to are as follows : 
 
 BULKS AND REGULATIONS OF THE DEPARTMENT OF JUSTICE IN EE BOOKS, SUPPLIES, 
 ETC., FOR CLERKS OF UNITED STATES COURTS. 
 
 Paragraph 906. Books for use of a clerk of a circuit or district court, in re- 
 cording tlie proceedings of the courts, may be purchased by tlie marshal upon 
 receipt of authority from the Attorney General. 
 
 Paragraph 907. The applications must state the character of the books, etc., 
 aud be accompanied by a statement of the judge that they are needed, etc. 
 
 Paragraph 908. Separate requests should be submitted by clerks for authority 
 to purchase any books which may be needed other than the court records. 
 
 Paragraph 909. If the proposed expenditure, the total amount of which must 
 be stated in every instance, is in excess of $10, bids from two or more promi- 
 nent dealers must accompany the application. 
 
 Paragraph 1284. Repeats the above and cautions clerks to obey the same. 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 15 
 
 Paragraph 1286. Application must be made to print court calendars, accom- 
 panied by bids, etc., and no such expense incurred without first obtaining 
 authority. 
 
 Paragraph 1239. All official letters must be filed. 
 
 Paragraph 1379. Reasonable expenditures necessary for the transaction of 
 the business of the clerk's office will be allowed if authorized for rent of office, 
 furniture for the same, clerk hire, etc., and reference should be made to date 
 of authority. 
 
 Paragraph 13S0. Charges for clerk hire not previously authorized are subject 
 to disallowance. 
 
 Paragraph 1411. Articles purchased by clerks from their official emoluments 
 are the property of the Government and must be turned over to their suc- 
 cessors in office. 
 
 The above references are to the paragraphs of the " Rules and Regulations 
 of the Department of Justice." 
 
 Sec. 161, R. S. The head of each department is authorized to prescribe 
 regulations, not inconsistent with law, for the government of his department. 
 
 In United States v. Barrows, 1 Abb. 351, it was held that a regulation pro- 
 mulgated in conformity with an act becomes a part of the law. 
 
 Regulations of executive departments are the acts of the President and 
 when promulgated have the force and effect of statute law. (See Wilcox v. 
 Jackson, 13 Pet. (U. S.) 513; Wolsley v. Chapman, 101 U. S., 769; Runkle v. 
 United States, 122 U. S., 557; United States v. Fletcher, 148 U. S., 89.) 
 
 Mr. Sterling. If the department approves it, they give the clerk 
 credit for that amount in his report ? 
 
 Mr. Keatley. Yes, sir; every six months. We make a report 
 every six months showing in detail every case, and wheAit is not 
 in a case the name and amount of every fee earned, and with it the 
 receipted bills for any expenses authorized by the Department of 
 Justice, or if under $10, incurred on the responsibility of the clerk, 
 at his own risk. 
 
 The Chairman. Evidently the Attorney General takes the same 
 view of it that I have taken, because I have submitted, as you will 
 see by this correspondence, a draft of this bill to him, and nobody 
 ever thought of putting such a provision in this bill except Capt. 
 Glover. I think if you read the whole colloquy that he confessed 
 his error as soon as his attention was called to the letter. I think 
 this publication that Mr. Keatley has referred to will show anybody 
 that it is already provided for. However, if anyone should think 
 to the contrary, there will be no objection to amending the bill so as 
 to take care of it, but I think it is already taken care of in the law. 
 
 Mr. Higgins. May I ask Mr. Keatley a question ? 
 
 Mr. Keatley. Certainly. 
 
 Mr. Higgins. In the tables presented by Mr. Keatley there ap- 
 pears one headed, " Compensation actually received by clerks of the 
 United States courts for the year 1911." Now, it is my under'stand- 
 ing that for the year 1911 the circuit courts were still in existence. 
 
 Mr. Keatley. That is correct. 
 
 Mr. Higgins. The district courts, of course, were — and that the 
 maximum salary allowed to the clerk of each of those courts was 
 $3,500. But in this statement it appears that the compensation 
 there in most instances, not all, was in excess of $3,500. Does that 
 mean that the clerks received for themselves, without any draw- 
 backs or accounting, for their own compensation the amounts that 
 appear in that column? 
 
 Mr. Keatley. Yes, sir ; in this statement entitled " Compensation 
 actually received by clerks of United States courts for the year 
 
16 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 1911," the amounts opposite each of the districts is the actual amount 
 that the clerk kept for his personal use after all expenses and charges 
 were paid from the fees of his office. 
 
 Mr. Higgins. Now that we have abolished the United States cir- 
 cuit courts, and, of course, the clerks, what effect does that have 
 upon the figures that appear in that table that you have cited? 
 
 Mr. Keatley. It reduces the compensation of every one of those 
 clerks to a flat $3,500 per annum in fees. 
 
 Mr. Sterling. As the law now stands? 
 
 Mr. Keatley. Yes, sir. 
 
 Mr. Higgins. Now, are we to understand that instead of the fig- 
 ures that appear in this table, the real fact is that the compensation 
 in all the districts is $3,500? 
 
 Mr. Keatley. That is it, exactly. 
 
 Mr. Higgins. And that is all the clerks receive now ? 
 
 Mr. Davis. Or less, if they do not earn it. 
 
 Mr. Keatley. I think you will find that there is one district that 
 is under $3,500; I think that was the district of Vermont — $3,100. 
 That is probably the only one. 
 
 The Chairman. No; the southern district of Alabama was 
 $3487.20, and the middle district was $3,358.82. 
 
 Mr. Keatley. Alabama southern, Alabama middle, and Vermont 
 were less than $3,500. 
 
 Mr. Sterling. Now, Mr. Keatley, do you think that the income of 
 the district clerk's office will be as much as it was in both offices 
 before ? 
 
 Mr. Keatley. I think, sir, it will be more. 
 
 Mr. Sterling. Do you think it will be more? 
 
 Mr. Keatley. I think it will increase every year. That is the his- 
 tory of litigation. 
 
 Mr. Sterling. The consolidation of the work would not increase it ? 
 
 Mr. Keatley. Not necessarily, but I think the litigation is increas- 
 ing in the Federal courts all the time. 
 
 Mr. Sterling. Assuming that the litigation would be just the same 
 this year in the district as it was last year in both courts, would the 
 fees be just the same? 
 
 Mr. Keatley. I think there would be very little difference. 
 
 Mr. Sterling. In some cases wouldn't there be duplication? 
 
 Mr. Keatley. There would be very little difference, and for this 
 reason : Under the system which has prevailed and the statute which 
 provided the fees for clerks the clerks were allowed one item of $5 
 a day for attendance upon the court. The law was that a clerk who 
 served in both courts could only collect one per diem. Practically 
 64 per cent of the clerkships in 'the United States were held by one 
 and the same man. There would be that one reduction on account of 
 the per diem, but that would be about all. 
 
 Mr. Davis. I suppose there might be some reduction in a venire 
 of juries? 
 
 Mr. Keatley. That might be the case. Where the same man is 
 clerk for both courts, the jury may be drawn in either court, and it 
 may be used interchangeably. The same jury may act in both courts. 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 17 
 
 Mr. Higgins. Let me ask you if it is a fair assumption that the 
 difference between the figures, which appear in the leaflet entitled 
 " Compensation actually received by clerks in United States courts 
 for the year 1911," is a result — that is, the reduction from the figures 
 there to $3,500 — is a direct result of the action of Congress in abolish- 
 ing the circuit courts? 
 
 Mr. Keatley. Yes, sir. 
 
 Mr. Higgins. And the difference between the figures that appear 
 there and $3,500 is the fees which the clerks of the circuit courts re- 
 ceived ? 
 
 Mr. Keatley. Yes, sir; practically. 
 
 Mr. Dupre. In the leaflet entitled " Gross earnings of clerks of 
 United States courts," the Attorney General states that certain 
 clerks were authorized to charge double fees. Will you state for my 
 information exactly what that meant? 
 
 Mr. Keatley. In the several districts which are mentioned in that 
 communication of the Attorney General, a peculiar condition has 
 arisen by the enactment of various statutes. It started in the State 
 of Oregon, and it was provided by those statutes that United States 
 district and circuit court clerks, United States marshals, jurors, and 
 witnesses should be paid double compensation in those various 
 Western States. 
 
 Mr. Steeling. What was the reason for that? 
 
 Mr. Keatley. I have tried to find out, but I have never been able 
 to ascertain, except the fact that the population was scattered, travel 
 was expensive. They allowed witnesses and jurors 10 cents a mile 
 going to and returning from courts. They allowed jurors $6 a day 
 and witnesses $3 a day. Living expenses were high, and there may 
 have been other local conditions. 
 
 Mr. Dupre. Does the proposed bill change that? 
 
 Mr. Keatley. No, sir ; this does not touch that subject. It would 
 take extensive investigation to arrive at the necessary facts. 
 
 Mr. Sterling. I do not understand that this bill continues to 
 give them — oh, the fees, you mean? 
 
 Mr. Keatley. Yes, sir. 
 
 Mr. Sterling. But the clerk will be on the same basis? 
 
 Mr. Keatley. He will be on a flat salary, as you will see in section 
 1. Section 1 provides that " all fees and emoluments authorized by 
 law to be paid to clerks in the United States district courts shall be 
 charged as heretofore and shall be collected as far as possible and 
 by said clerks covered into the Treasury of the United States,. and 
 said clerks shall be paid for their official services, salaries, and com- 
 pensation hereinafter provided, and not otherwise: Provided, That 
 this section shall not be construed to require or authorize fees to be 
 charged against or collected from the United States." 
 
 Mr. Higgins. What is the process now, Mr. Keatley, in the matter 
 of compensation? Does the clerk retain it, or does he remit to the 
 Department of Justice, and then receive his salary back? 
 
 Mr. Keatley. He retains it and then covers into the Treasury any 
 
 excess which may remain in his hands, after the first days of January 
 
 and July, over and above the maximum amount, subject to audit by 
 
 the Attorney General and to reaudit by the Auditor for the State 
 
 H. Rept. 425, 62-2 2 
 
18 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 and Other Departments. It has been decided that there is no lia- 
 bility on the clerk 
 
 The Chairman. Can you give the title and volume of that case? 
 
 Mr. Keatley. It is Butler against The United States; I do not 
 know the volume and page. It came about through the indictment 
 of a clerk in one of the New England States — I think, in Massa- 
 chusetts — for embezzlement. He declined to make and accounting 
 for certain sums of money in his hands, but the audit had not been 
 made, and the court held that until the audit was made no liability 
 existed ; that he was simply a trustee — which, I take it, is sound law. 
 
 Mr. Dupre. The proposed bill would provide for a change in that 
 condition ? 
 
 Mr. Keatley. Yes, sir. The bill provides in section 7, " Clerks of the 
 United States district courts shall quarterly, on the 1st days of Janu- 
 ary, April, July, and October of each year, or within 20 days there- 
 after, make a return to the Attorney General, in such form as he may 
 prescribe, of all fees and emoluments collected by him during the pre- 
 ceding quarter, and shall deposit the amount so reported to the credit 
 of the Treasurer of -the United States in the manner provided by 
 law." 
 
 Mr. Higgins. That is, the}*- are to remit to the Department of Jus- 
 tice all their fees, and receive their salary? 
 
 Mr. Keatley. The practice is not to remit it to the Department of 
 Justice, but to deposit it in some designated depository of the United 
 States to the credit of the Treasurer. 
 
 Mr. Norris. I would like to ask you, Mr. Keatley, if you could give 
 us any information as to how common the custom is of judges ap- 
 pointing the clerks as masters, etc., and in such case do they make any 
 accounting of those fees ? 
 
 Mr. Keatley. I do not know. I only know to a certainty what the 
 practice is in my own district. I have been a clerk for 13 years, and 
 nave never been a master or held any other position. Our judge is 
 greatly opposed to it. 
 
 Mr. Norris. There are some districts where it is a common practice. 
 
 Mr. Keatley. I understand that in the larger cities it is the com- 
 mon practice. It is done in New York and Chicago. 
 
 Mr. Norris. I want to suggest to you, would it not be a good thing 
 to prohibit that kind of thing and do it in this bill ? 
 
 Mr. Keatley. That is prohibited by the new judicial code. 
 
 Mr. Norris. I believe that is so. 
 
 Mr. Higgins. Does that also apply to assistant clerks of the court ? 
 
 Mr. Keatley. I think it does, but I know it applies to the clerks. 
 I think I have it here. I should think, unquestionably, that if it 
 applied to the principal it would apply to his deputy. I do not 
 think there is any question about that as a legal proposition. I do 
 not find that, but I know that it is here, because it has existed always 
 in the law, but it was made stronger in this judicial code and made 
 positive; that was the only difference. 
 
 Mr. Norris. If it existed, it was violated. 
 
 Mr. Keatley. I know it has been. 
 
 The Chairman. You may put that into the record here. 
 
 Mr. Keatley. I will do so. 
 
COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 19 
 
 The law referred to is as follows : 
 
 No clerk or deputy clerk of a United States district court shall be appointed 
 receiver or master in any case. * * * (Sec. 6S, Judicial Code.) 
 
 The Chairman. I want to bring, in an idea in connection with the 
 one that was suggested some time ago. You stated as to the earnings 
 of the clerks of courts, and you gave the average for the three years, 
 1909, 1910, and 1911. Now, what did vou say that average was? 
 
 Mr. Keatley. $1,068,658.56. 
 
 Mr. Higgins. That is the total given in the pamphlet that you and 
 I have discussed? 
 
 Mr. Keatley. Yes, sir. 
 
 The Chairman. Out of that they retained how much, under the 
 old fee system where they had two clerkships in each court, a circuit 
 clerk and a district clerk? 
 
 Mr. Keatley. I have made some calculations on a little different 
 basis which, I think,- if you will permit me to explain, will answer the 
 question. Of this major amount, which I have just mentioned, 
 $311,304.40 was paid by the United States Government for services 
 to clerks. Of course, it is understood we charge against the Govern- 
 ment just the same as we would against you as individuals. There 
 was paid to clerks of courts by individuals, firms, and corporations 
 an annual average of $757,346.16. Now, in this connection laesire to 
 call the committee's attention to one thing. The salaries provided in 
 the bill before you are those approved and recommended by the De- 
 partment of Justice. I think I violate no confidence in so saying. As 
 suggested by the Attorney General, the total of these salaries to be 
 paid to clerks would be $337,000. Deducting that from the amount that 
 is paid by individuals and corporations alone, there is a balance of 
 $420,346.16. You will therefore note that if the clerks should be 
 placed upon a salary, as indicated here, they will cover into the Treas- 
 ury of the United States every year over and above their salaries 
 $420,440.15 and render the services for the Government gratis. 
 
 Mr. Sterling. Will the bill provide for that? 
 
 Mr. Keatley. Entirely; that is all abolished. 
 
 Mr. Sterling. It is not in this bill? 
 
 Mr. Keatley. Yes ; section 1 abolishes the whole fee system. 
 
 Mr. Sterling. As I understand vou now, the Government pays 
 $311,000 a year? 
 
 Mr. Keatley. $311,000 a year; yes, sir. 
 
 Mr. Sterling. Now, this bill does not eliminate those payments 
 by the Government, does it? 
 
 Mr. Keatley. Absolutely. 
 
 Mr. Higgins. This is the language: "Provided, That this section 
 shall not be construed to require or authorize fees to be charged 
 against or collected from the United States." That is on the first 
 page of the bill, lines 10, 11, and 12. 
 
 Mr. Keatley. And that is an exact copy of the language in the 
 statute which put marshals and district attorne3 7 s upon salaries. 
 
 Mr. Higgins. Do you base that saving of $435,000 upon conditions 
 as they are now, with the clerkships of the circuit courts abolished ? 
 
 Mr. Keatley. Yes, sir. 
 
20 COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 
 
 Mr. Higgins. And not upon the conditions that appear in this 
 document here? 
 
 Mr. Keatley. No, sir; upon the conditions as they appear in that 
 document; but, in my judgment, it will be more than that, and I 
 will give you my reasons. In this connection the Attorney General 
 in one of his communications invited the attention of the committee 
 to the fact that there was a large expense to the clerks for the pay 
 of clerical assistance and deputies, and he estimates that — and he 
 has been more than liberal — at a total sum of $447,100. That would 
 be the additional expense of running the clerk's offices in the United 
 States. Now, if you will add that to the $337,000 provided in this 
 bill, you will get $784,100, which is $13,246.16 less than the com- 
 pensation actually paid in every year by individuals and corpora- 
 tions, so that the public, the litigants in the Federal courts, if this 
 bill should be enacted into law, will pay all the expense of the 
 clerks' offices, pay all the costs of the Government's litigation, so 
 far as the clerks' offices are concerned, and leave the Government 
 $350,000. 
 
 Mr. Sterling. Including deputies and all? 
 
 Mr. Keatley. Yes, sir; and I assure you that within five years 
 the income in fees from the offices of clerks of the United States 
 courts will not only do that, but will almost pay the salaries of 
 Federal judges. The only record I can find of the amounts paid in 
 the past year by clerks is a statement in the receiving officer's ac- 
 count of the Auditor for the State and Other Departments, which 
 shows that for 1911 over $96,000 was paid into the Treasury as 
 judicial emoluments under the old system. Take, for example, New 
 York. After deducting the clerks' fees, he turned in several thou- 
 sand dollars to the Treasury of the United States. 
 
 Mr. Davis. Don't you think also that the accounting features of 
 this bill will tend to increase the amounts turned over? 
 
 Mr. Keatley. I think so, because I will tell you very candidly 
 that if this bill becomes a law there will be a rule adopted in the 
 district which I represent requiring every man to make deposits in 
 the clerk's office before he brings suit 
 
 Mr. Norris. If that were done everywhere it would be fine, of 
 course, but would there be any danger, if we passed this bill, of a 
 lack of energy on the part of the clerks to collect the costs and fees? 
 
 Mr. Keatley. I can only answer that, Mr. Norris, by making this 
 statement. I have had 11 years' experience with the Department of 
 Justice. Their regulations are very rigid ; they are very strict. My 
 idea is that under the terms of this bill a clerk of a court will be 
 liable upon his bond for every dollar of fees that he does not collect. 
 
 Mr. Norris. Would that be just ? There might be instances where 
 that would not be fair. 
 
 The Chairman. That would be merely presumptive, and the At- 
 torney general and the accounting officers, I think, Judge Norris, 
 would take into consideration the whole matter in deciding whether 
 he ought to be charged with it or not. 
 
 Mr. Keatley. They charge us with it now. I am charged with 
 every dollar of fees. 
 
 Mr. Sterling. Is that the rule of the department ? 
 
COMPENSATION" FOR CLERKS OE UNITED STATES COURTS. 21 
 
 ( Mr. Keatley. The absolute rule, and it is the law at the present 
 time. 
 
 The Chairman. I do not think this bill changes the law in that 
 respect. 
 
 Mr. Keatley. Not in the slightest. 
 
 Mr. Higgins. Have you considered whether or not in this bill to 
 direct that the judges of the district court should establish rules re- 
 quiring advance payment of fees? 
 
 Mr. Keatley. Well, I don't know. The Department of Justice 
 has always held us liable under the law up to the present. We have 
 such a rule in our district, but the clerk exercises his discretion. If 
 the man does not look good and is not rated in Bradstreet's or Dun's, 
 he does not get any credit. I have a standing arrangement with the 
 great legal firms in my district by which I carry their accounts six 
 months or a year, and then they write me a check. 
 
 Mr. Higgins. Under your rule, can you refuse to enter a case until 
 the fees are paid? 
 
 Mr. Keatley. Yes, sir ; we have a statute giving the clerk the right 
 to demand a deposit in advance. 
 
 Mr. Sterling. We have a statute allowing persons to sue in forma 
 pauperis. 
 
 Mr. Keatley. That has been in force for many years. 
 
 Mr. Sterling. Didn't we change it just two or three years %o? 
 
 Mr. Keatley. I think so. 
 
 The Chairman. In bankruptcy matters, I think, we made some 
 change. 
 
 Mr. Keatley. I know they exist, because we administer them every 
 day in just that way. 
 
 Mr. Sterling. Mr. Chairman, is it your idea to take up each of 
 these cases and consider the amount? 
 
 The Chairman. Yes; that is what I wanted to do with the com- 
 mittee. I have not introduced the bill yet, and, as Mr. Keatley 
 has said, these amounts which have been written into the bill in ink 
 are merely, so far as I am concerned, tentative. However, they are 
 the amounts which have met the approval of the Attorney General 
 in each case. I might say that I gave to the full committee the other 
 day the ideas that I thought ought to enter into consideration when 
 we came to determine the amount to be fixed in each case. 
 
 Mr. Norris. In going over it, Mr. Chairman, I noticed that in 
 quite a number of instances this salary fixed exceeds the salary of the 
 prosecuting attorney. It does in my district. It struck me that un- 
 less there was some good reason for it his salary ought not to exceed 
 that of the prosecuting attorney. 
 
 The Chairman. Here is what the Attorney General says about 
 that. I will ask the stenographer to insert in these hearings at 
 this point, so it may be printed in the full hearings, this leaflet, 
 entitled " Statement relative to the bill providing for salaries of 
 clerks of the United States district courts," in which he has given 
 some elements or facts entering into the case of each clerk, beginning 
 with the northern district of Alabama. 
 
 The statement referred to follows. 
 
22 COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 
 
 Appendix C. 
 
 Statement Relative to the Bill Providing for Salaries of Clerks 
 of the United States District Courts. 
 
 There has been no general legislation in reference to compensation 
 of clerks of the United States courts since the act of 1853 (sec. 839, 
 R. S. U. S., 10 Stat. L., 166) fixing the maximum at $3,500, a period 
 of 59 years. Conditions have vastly changed since the original act 
 was passed and a readjustment is imperative. By the act of May 28, 
 1896, United States attorneys and marshals were placed upon salaries 
 and the fees arising from these offices have been covered into the 
 Treasury. This bill is framed upon similar lines, and is in harmony 
 with modern tendencies, meeting with unanimous approval of judges 
 and executive officers. 
 
 The salaries provided have been based upon several elements and 
 all phases of the matter carefully considered. 
 
 First. The number of places of holding court and the number of 
 offices maintained by each clerk. There are 391 separate offices in 
 the several districts in charge of clerks. The marshals and district 
 attorneys maintain one office in each district of the United States, or 
 79 in all. 
 
 Second. The volume of business in each district, both civil and 
 criminal, as shown by the official reports of the Attorney General. 
 
 Third. The salaries now paid to United States attorneys and 
 marshals in the several districts. 
 
 Fourth. The net amount each clerk has been paid for his services 
 annually under the fee system. 
 
 Fifth. The population, progress, and development of the several 
 districts and their future possibilities. 
 
 Sixth. The fact that many clerks are lawyers and under section 273 
 of the judicial code are prohibited from practicing in the courts. 
 
 Seventh. The revenue-producing qualities of the several districts. 
 The reports of the Attorney General show that the clerks will collect 
 and pay into the Treasury of the United States annually, after 
 deducting the total amount to be paid in salaries under this bill, 
 the sum of $415,346.16, which is an average based upon the receipts 
 for the past three years and increasing steadily. This amount 
 represents the collections exclusively from individuals and corpora- 
 tions and the United States will receive the services of the clerks 
 gratis. 
 
 Eighth. The various duties of the clerks and the economy incident 
 to capable executive ability in the clerk's office. 
 
 districts. 
 
 Alabama, northern. — This is one of the largest districts in the 
 United States, courts being held at seven places, and the clerk 
 maintaining an office at each. There are two district judges in this 
 district. The clerk's office collects annually over $20,000 in fees, 
 and there were pending upon the dockets of the court on July 1, 
 1911, 2,556 civil and criminal cases of which 1,790 were proceedings in 
 
COMPENSATION" FOR CLERKS OF UNITED STATES COURTS. 23 
 
 bankruptcy. The territory embraced in this district is in one of 
 the most populous and rapidly developing sections of the United 
 States, and the business of the courts is increasing rapidly. Popula- 
 tion, 1,037,123. Clerk was paid $7,000 in 1911; attorney's salary. 
 $4,000; marshal's salary, $4,000. 
 
 Alabama, middle. — This district is of considerably less importance 
 than the northern and courts are held at two places, the clerk main- 
 taining an office at each. There were pending upon the dockets 
 July 1, 1911, 192 cases, civil and criminal, and the total collections 
 amount to about $6,500 annually. The volume of business has varied 
 little for several years. Population, 684,298. Clerk was paid 
 $3,358.82 in 1911 ; attorney's salary, $4,000; marshal's salary, $4,000. 
 
 Alabama, southern. — There are two places of holding court and two 
 offices maintained by the clerk, the total collections are about $6,000 
 annually, and there were pending July 1, 1911, 420 civil and criminal 
 cases and the volume of business appears to be about the same from 
 year to year. Population, 416,672. Clerk was paid $3,487.20 in 
 1911; attorney's salary, $3,000; marshal's salary, $3,000. 
 
 Alaska. — The clerks in Alaska are on a salary basis at this time, 
 the amount paid being $3,500 per annum to each clerk and there are 
 four divisions in the territory with a clerk in each, making total 
 salaries for Alaska $14,000. The total volume of business for the 
 four divisions shows that on July 1, 1911, there were pendmg 661 
 civil and criminal cases. Population of the whole territory o4,356. 
 Each of the district judges receives a salary of $7,500 per annum. 
 Clerks were paid $3,500 each in 1911; attorney's salary, $5,000; 
 marshal's salan^, $4,000. 
 
 Arizona. — Previous to admission as a State the Territory had five 
 district clerks, each entitled to charge double fees and to retain 
 double maximum, and there were five places of holding court. Under 
 the act creating the State but one place of holding court is provided 
 at the capitol. There were pending in the entire Territory on July 
 1, 1911, 109 civil and criminal cases and the volume of business 
 appears to change but little from year to year. The report of the 
 attorney general for 1911, shows about $12,000 paid out to clerks 
 for fees, the statistics for indiyiduals and corporations not being 
 given. Population, 204,354. Clerks were paid $15,102.65 in 1911; 
 attorney's salary, $4,000; marshal's salary, $4,000. 
 
 Arkansas, eastern. — There are four places of holding court and four 
 offices maintained by the clerk, there being collected annually about 
 $11,500, and there were pendmg July 1, 1911, 445 civil and criminal 
 cases. The volume of business increasing but little from year to year. 
 Population, 986,380. Clerk was paid $7,000 in 1911; attorney's 
 salary, $4,000; marshal's salary, $4,000. 
 
 Arkansas, western,. — There are three places of holding court and 
 three offices maintained by the clerk, there being collected annually 
 about $8,900, and on July 1, 1911, 317 civil and criminal cases were 
 pending. The volume of business is increasing. Population. 
 588,069. Clerk was paid $6,850.83 in 1911 ; attorney's salary, $5,000 ; 
 marshal's salary, $5,000. 
 
 California, northern. — This is one of the double fee and double 
 maximum districts, there being three places of holding court and three 
 
24 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 offices maintained by the clerk. Total collections of the clerk are 
 about $26,000 annually, and there were pending July 1, 1911, 4,935 
 civil and criminal cases, and the business remains about the same 
 from year to year. The population, 1,407,368. Clerk was paid 
 $13,035.26 in 1911; attorney's salary, $4,500; marshal's salary, 
 $4,000. 
 
 California^ southern. — This is one of the double fee and double 
 maximum districts. There are three places of holding court and 
 three offices maintained by the clerk, the total collections are about 
 $21,000 annually, and there were pending July 1, 1911, 671 cases, 
 civil and criminal, the volume of business remaining about the same 
 from year to year. Population, 970,181. Clerk was paid $13,703.82 
 in 1911; attorney's salary, $4,000; marshal's salary, $4,000. 
 
 Colorado. — There are three places of holding court and three offices 
 maintained by the clerk, the annual collections are about $15,500, 
 and the business has been increasing steadily. There were pending 
 July 1, 1911, 559 civil and criminal cases. Population, 213,831. 
 Clerk was paid $7,000 in 1911; attorney's salary, $4,000; marshal's 
 salary, $4,000. 
 
 Connecticut. — There are two places of holding court and 'two offices 
 maintained by the clerk, the total annual collections being about 
 $6,600. There were pending July 1, 1911, 804 civil and criminal 
 cases, and the business appears to be increasing slightly from year to 
 year. Population, 1,114,756. Clerk was paid $4,939.60 in 1911; 
 attorney's salary, $2,500; marshal's salary, $2,000. 
 
 Delaware. — There is one place of holding court and one office main- 
 tained by the clerk, the total annual collections being about $4,000 
 and the total number of cases pending July 1, 191.1, both civil and 
 criminal, 208. The business seems to vary but little from year to year. 
 Population, 202,322. Clerk was paid $3,917.82 in 1911; attorney's 
 salary, $2,000; marshal's salary, $2,000. 
 
 Florida, northern. — There are four places of holding court and four 
 offices maintained by the clerk, and the annual collections are about 
 $6,000, the total number of cases, civil and criminal, pending July 1, 
 1911, 306; the business seems to be about the same from year to year. 
 Population, 266,649. Clerk was paid $4,947.92 in 1911-; attorney's 
 salary, $3,500; marshal's salary, $3,500. 
 
 Florida, southern. — There are six places of holding court and six 
 offices maintained by the clerk, the total collections being about 
 $10,000 annually, and there were pending July 1, 1911, 409 civil and 
 criminal cases, and the business seems to be about the same from year 
 to year. Population, 485,970. Clerk was paid $6,264.86 in 1911; 
 attorney's salary, $3,500; marshal's salary, $3,500. 
 
 Georgia, northern. — There are four places of holding court and four 
 offices maintained by the clerk, the total collections are about 
 $21,000 annually and show about the same volume for some years, the 
 civil and criminal cases pending July 1, 1911, 1,441. Population, 
 1,254,328. Clerk was paid $7,000 in 1911 ; attorney's salary, $5,000; 
 marshal's salary, $5,000. 
 
 Georgia, southern. — There are five places of holding court and five 
 offices maintained by the clerk, the collections are about $11,000 
 annually, and there were 443 civil and criminal cases pending July 1 , 
 1911; the business appears to be about the same volume from year to 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 20 
 
 year. Population, 1,354,793. Clerk was paid $4,412.69 in 1911; 
 attorney's salary, $3,500; marshal's salary, $3,500. 
 
 Idaho. — This is a double fee and double maximum district, with 
 four places of holding court and four offices maintained by the clerk ; 
 and the annual collections are about $8,700, and there were 362 
 civil and criminal cases pending July 1, 1911. The business in this 
 district shows a steady increase. Population, 325,594. Clerk was 
 paid $7,000 in 1911; attorney's salary, $4,000; marshal's salary, 
 $4,000. 
 
 Illinois, northern. — This is the second largest district in the United 
 States in respect to the volume of business transacted. There are 
 two places of holding court and two offices maintained by the clerk, 
 and the annual collections are about $47,000, and on July 1, 1911, 
 there were pending 3,149 civil and criminal cases; the business 
 increasing steadily from year to year. Population, 3,107,261. Clerk 
 was paid $6,500 in 1911 (district clerk's salary, $3,000; circuit clerks' 
 fees, $3,500); attorney's salary, $10,000; marshal's salary, $5,000. 
 
 Illinois, southern. — There are three places of holding court and 
 three offices maintained by the clerk, the collections being about 
 $9,800 annually, and there were pending July 1, 1911, 587 civil and 
 criminal cases, and the business appears to be about the same each 
 year. Population, 2,335,969. Clerk was paid $5,736.42 in 1911; 
 attorney's salary, $5,000; marshal's salary, $4,500. v 
 
 Illinois, eastern. — There are three places of holding court, ana three 
 offices maintained by the clerk, and the collections are about $9,100 
 per annum; there were pending July 1, 1911, 574 cases, and the 
 business seems to be about the same from year to year. Population, 
 1,195,361. Clerk was paid $5,886.74 in 1911; attorney's salary, 
 $5,000; marshal's salary, $4,500. 
 
 Indiana. — There are five places of holding court, and rive offices 
 maintained by the clerk, the collections being about $15,600 annually, 
 and on July I, 1911, 469 civil and criminal cases were pending. The 
 business seems about the same from year to vear. Population, 
 2,700,876. Clerk was paid $7,000 in 1911; attorney's salary, $5,000; 
 marshal's salary, $4,500. 
 
 Iowa, northern. — There are five places of holding court and rive 
 offices maintained by the clerk, the collections being about $7,500 
 annually, and there were pending July 1, 1911, 345 cases civil and 
 criminal, and the business appears to be about the same from year to 
 year. Population, 1,058,101. Clerk was paid $4,883.51 in 1911; 
 attorney's salary, $4,500; marshal's salary, $4,000.. 
 
 Iowa, southern. — There are six places of holding court and .six 
 offices maintained by the clerk, the total annual collections being 
 about $10,900; there were pending July 1, 1911, 332 civil and criminal 
 cases, and the business appears to be increasing from year to year„ 
 Population, 1,166,949. Clerk was paid $7,000 in 1911: attorney's 
 salary, $4,500; marshal's salary, $4,000. 
 
 Kansas. — There are five places of holding court, and five offices 
 maintained by the clerk, the total annual collections being about 
 $18,200; there were pending July 1, 1911, 627 civil and criminal cases, 
 and the business is increasing from year to year. Population, 
 1,690,949. Clerk was paid $7,000 in 1911; attorney's salary, $4,500 '; 
 marshal's salary, $4,000. 
 
26 COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 
 
 Kentucky, eastern. — Previous to January 1, 1912, there were six 
 circuit and six district clerkships in this district, each entitled to earn 
 S3, 500 per annum, or $42,000 for the entire district. There are six 
 places of holding court, and six offices maintained by the clerk, the 
 total annual collections being about $17,000; there were pending July 
 1, 1911, 815 civil and criminal cases, and the business is increasing 
 steadily. Population, 1,118,343. Clerk was paid $10,148.97 in 1911 ; 
 attorney's salary, $5,000; marshal's salary, $5,000. 
 
 Kentucky, western. — Previous to January 1, 1912, there were four 
 circuit and four district clerkships in the district, each entitled to 
 earn $3,500 per annum, or $28,000 for the entire district. There are 
 four places of holding court and four offices maintained hj the clerk, 
 the total annual collections being about $15,000. There were pending 
 July 1. 1911, 704 civil and criminal cases, and business seems to be 
 increasing slightly. Population, 1,171,562. Clerk was paid $10,907.65 
 in 1911; attorney's salary, $5,000; marshal's salary, $5,000. 
 
 Louisiana, eastern. — There are two places of holding court and two 
 offices maintained by the clerk, the total annual collections being 
 a.bout $20,000. There were pending July 1, 1911, 891 civil and crimi- 
 nal cases, and the business has been increasing yearly. Population, 
 827,478. Clerk was paid $7,000 in 1911; attorney's salary, $3,500; 
 marshal's salary, $4,000. 
 
 Louisiana, western. — There are five places of holding court and five 
 offices maintained by the clerk, total annual collections being about 
 $8,300. There were pending July 1, 1911, 752 civil and criminal cases, 
 and the business is increasing. Population, 828,910. Clerk was paid 
 $7,000 in 1911; attorney's salary, $2,500; marshal's salary, $2,500. 
 
 Maine. — There are three places of holding court and three offices 
 maintained by the clerk; total annual collections about $11,000, and 
 the business is increasing; there were pending Jury 1, 1911, 1,073 
 civil and criminal cases. Population, 742,371. Clerk was paid 
 $7,000 in 1911; attorney's salary, $3,000; marshal's salary, $3,000. 
 
 Maryland. — There are two places of holding court and two offices 
 maintained by- the clerk, the total annual collections being about 
 $8,800; there were pending July 1, 1911, 747 civil and criminal cases 
 and the business has been increasing slightly. Population 1,295,346. 
 Clerk was paid $5,644.01 in 1911 ; attorney's salary, $4,000: marshal's 
 salary, $3,500. 
 
 Massachusetts. — This is one of the largest districts, there being two 
 places of holding court and two offices maintained by the clerk, the 
 total annual collections being about $30,500; there were pending 
 July 1, 1911, 3,189 civil and criminal cases, and the business increases 
 steadily. Population 3,366,416. Clerk was paid $7,000 in 1911; 
 attorney's salary, $5,000; marshal's salary, $5,000. 
 
 Michigan, eastern. — There are three places of holding court and 
 three offices maintained by the clerk, the total annual collections 
 being about $8,700; there were pending July 1, 1911, 558 civil and 
 criminal cases and the business is increasing. Population 1,621,270. 
 Clerk was paid $6,749.39 in 1911 ; attorney's salary, $4,000; marshal's 
 salary.. $4,000. 
 
 Michigan, western. — There are six places of holding court and six 
 offices maintained by the clerk, the total annual collections being 
 about $8,200; there were pending July 1, 1911, 1,590 civil and crimi- 
 nal cases, and the business remains about the same from }^ear to year. 
 
COMPENSATION" FOE CLERKS OF UNITED STATES COURTS. 27 
 
 Population, 1.188.903. Clerk was paid $6,246.28 in 1911; attorneys' 
 salary, $4,000; marshal's salary, $4,000. 
 
 Minnesota. — There are six places of holding court and six offices 
 maintained by the clerk; the total annual collections are about 
 $24,200; there were pending July 1, 1911, 2,011 civil and criminal 
 cases, and the business is increasing steadily. Population, 2,075,708. 
 Clerk was paid $7,000 in 1911; attorney's salary, $4,000; marshal's 
 salary, $4,000. 
 
 Mississippi, northern. — There are three places of holding court and 
 three offices maintained by the clerk, the total annual collections 
 being about $7,400, and business has decreased slightly in past 
 three years; there were pending Julv 1, 1911, 525 civil and criminal 
 cases. Population, 671,092. Clerk was paid $5,348.72 in 1911; 
 attorney's salary, $3,500; marshal's salary, $3,500. 
 
 Mississippi, southern. — There are four places of holding court and 
 four offices maintained by the clerk, the total annual collections being 
 about $11,700; there were pending July 1, 1911, 1,091 civil and crimi- 
 nal cases, and the business is about the same from year to year. Pop- 
 ulation, 1,126,022. Clerk was paid $6,655.53 in 1911 ; attorney's sal- 
 ary, $3,500; marshal's salary, $3,000. 
 
 Missouri, eastern. — There are four places of holding court and four 
 offices maintained by the clerk, the total annual collections being 
 about $18,600; there were pending July 1, 1911, 596 civil anxi crim- 
 inal cases, and the business is steadily increasing. Population, 
 1,621,023. Clerk was paid $7,000 in 1911 ; attorney's salary, $4,500; 
 marshal's salary, $4,000. 
 
 Missouri, western. — There are six places of holding court and six 
 offices maintained by the clerk, the total annual collections being 
 about $21,000; there were pending July 1, 1911, 656 civil and crim- 
 inal cases, and the business is increasing steadily. Population, 
 1,672,312. Clerk was paid $7,000 in 1911 ; attorney's salary, $4,500; 
 marshal's salary, $4,000. 
 
 Montana. — This is a double fee and double maximum district, 
 there being five places of holding court and five offices maintained 
 by the clerk, the total annual collections being about $13,600; there 
 were pending July 1, 1911, 367 civil and criminal cases, and the 
 business is increasing each year. Population, 376,053. Clerk was 
 paid $7,000 in 1911; attorney's salary, $4,000; marshal's salary, 
 $3,500. 
 
 Nebraska. — There are eight places of holding court and eight 
 offices maintained by the clerk, the total annual collections being 
 about $18,300; there were pending July 1, 1911, 649 civil and crim- 
 inal cases, and the business is about the same from year to year. 
 Population, 1,192,214. Clerk was paid $7,000 in 1911; attorney's 
 salary, $4,000; marshal's salary, $4,000. 
 
 Nevada. — This is a double fee and double maximum district, there 
 being but one place of holding court and one office maintained by the 
 clerk, the total annual collections being about $5,700. There were 
 pending July 1, 1911, 164 civil and criminal cases, and the business is 
 increasing slightly each year. Population, SI, 875. Clerk was paid 
 $5,053. 25" in 1911; attorney's salary, $3,000; marshal's salary, $2,500. 
 
 New Hampshire. — There are three places of holding court and 
 three offices maintained by the clerk, the total annual collections 
 being about $4,000. There were pending July 1, 1911, 318 civil and 
 
28 COMPENSATION FOE CLEEKS OE UNITED STATES COTJETS. 
 
 criminal cases, and the business changes little from year to year. 
 Population, 430,572. Clerk was paid $4,020.73 in 1911; attorney's 
 salary, $2,000; marshal's salary, $2,000. 
 
 New Jersey. — There are three places of holding court and three 
 offices maintained by the clerk, the total annual collections being 
 about $28,200. There were pending July 1, 1911, 3,916 civil and crimi- 
 nal cases, and the business increases steadily. Population, 2,537,167. 
 Clerk was paid $7,000 in 1911; attorney's salary, $3,000; marshal's 
 salary, $3,000. 
 
 New Mexico. — This is a double fee and double maximum district, 
 and as a Territory there were seven district clerks, each entitled to earn 
 $7,000, or $49,000 for the Territory. Under the act creating the State 
 one place of holding court is provided at the capital. The total 
 annual collections have been about $9,300, practically all paid by the 
 United States. There were pending July 1, 1911, 154 civil and crimi- 
 nal cases, and the business is about the same from year to year. 
 Population, 327,301. Clerks were paid $13,367.47 in 1911 ; attorney's 
 salary, $4,000; marshal's salary, $4,000. 
 
 New York, northern. — There are five places of holding court and 
 five offices maintained by the clerk, the total annual collections being 
 about $9,800. There were pending July 1,1911, 577 civil and criminal 
 cases, and the business remains about the same from year to year. 
 Population, 1,862,630. Clerk was paid $5,920.96 in 1911; attor- 
 ney's salary, $4,500; marshal's salary, $5,000. 
 
 New York, southern. — The largest district in volume of business in 
 the United States. There is one place of holding court and one office 
 maintained by the clerk, the total annual collections being about 
 $57,000. There were pending July 1, 1911, 18,042 civil and criminal 
 cases, and the business increases steadily each year. Population, 
 3,510,226. Clerk was paid $7,000 in 1911; attorney's salary, $10,000; 
 marshal's salary, $5,000. 
 
 -New York, eastern. — There is one place of holding court and one 
 office maintained by the clerk, the total annual collections being about 
 $16,900. There were pending July 1, 1911, 4,468 civil and criminal 
 cases, and the business increasing steadily. Population, 2,184,429. 
 Clerk was paid $7,000 in 1911; attorney's salary, $4,500; marshal's 
 salary, $4,000. 
 
 New York, western. — There are six places of holding court and six 
 offices maintained by the clerk, the total annual collections being about 
 $10,300. There were pending July 1, 1911, 1,464 civil and criminal 
 cases, and the business increases steadily. Population, 1,556,329. 
 Clerk was paid $7,000 in 1911; attorney's salary, $4,500; marshal's 
 salary, $5,000. 
 
 North Carolina, eastern. — There are five places of holding court and 
 five offices maintained by the clerk, the total annual collections being 
 about $10,600; there were pending July 1,1911, 314 civil and criminal 
 cases, and the business is about the same each year. Population, 
 1,119,593. Clerk was paid $7,000 in 1911 ; attorney's salary, $4,000; 
 marshal's salary, $4,000. 
 
 North Carolina, western. — There are six places of holding court and 
 six offices maintained by the clerk, the total annual collections being 
 about $15,600; there were pending July 1, 1911,697 civil and criminal 
 cases, and the business remains about the same each year. Population, 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 29 
 
 1,086,694. Clerk was paid $7,000 in 1911 ; attorney's salary, $4,500; 
 marshal's salary, $4,500. 
 
 North Dakota. — This is a double fee and double maximum district, 
 there being five places of holding court and five offices maintained by 
 the clerk, the total annual collections being about $9,700; there were 
 pending July 1, 1911, 294 civil and criminal cases, and the business is 
 about the same each year. Population, 577,056. Clerk was paid 
 $6,518.22 in 1911; attorney's salary, $4,000; marshal's salary, $4,000. 
 
 Ohio, northern. — There are three places of holding court and three 
 offices maintained by the clerk, the total annual collections being 
 about $27,200; there were pending July 1, 1911, 1,240 civil and 
 criminal cases, and the business remains about the same from year 
 to year. Population, 2,405,181. Clerk was paid $7,000 in 1911; 
 attorney's salary, $4,500; marshal's salary, $4,000. 
 
 Ohio, southern. — There are three places of holding court and three 
 offices maintained by the clerk, the total annual collections being 
 about $17,000; there were pending July 1, 1911, 1,069 civil and 
 criminal cases, and the business is increasing steadily. Population, 
 2,361,940. Clerk was paid $7,000 in 1911; attorney's salary, $4,500; 
 marshal's salary, $4,000. 
 
 Oklahoma, eastern. — There are six places of holding court and six 
 offices maintained by the clerk, the total annual collections being about 
 $14,200; there were pending July 1, 1911, 917 civil and Iriminal 
 cases, and the business remains about the same from year to year. 
 Population, 834,395. Clerk was paid $7,000 in 1911; attorney's sal- 
 ary, $4,000; marshal's salary, $4,000.* 
 
 OMalioma, western. — There are five places of holding court and five 
 offices maintained by the clerk, the total annual collections being 
 about $13,000 ; there were pending July 1, 1911, 874 civil and criminal 
 cases, and the business is increasing. Population, 822,760. Clerk was 
 paid $7,000 in 1911; attorney's salary, $4,000; marshal's salary, 
 $4,000. 
 
 Oregon. — This is a double fee and double maximum district, there 
 being three places of holding court and three offices maintained by 
 the clerk, the total annual collections being about $21 ,600; there were 
 pending July 1, 1911,. 1,086 civil and criminal cases, and the business 
 is steadily increasing. Population, 672,765. Clerk was paid $14,000 
 in 1911; attorney's salary, $4,500: marshal's salary, $4,000. 
 
 Pennsylvania, eastern. — There is one place of holding court and one 
 office maintained by the clerk, the total annual collections being about 
 $22,500; there were pending July 1, 1911, 2,416 civil and criminal 
 cases, and business is increasing rapidly. Population, 2,826,891. 
 Clerk was paid $7,000 in 1911; attorney's salary, $6,000; marshal's 
 salary, $4,000. 
 
 Pennsylvania, middle.; — There are three places of holding court and 
 three offices maintained by the clerk, the total annual collections being 
 about $10,600; there were pending July 1, 1911, 418 civil and crim- 
 inal cases, and the business is about the same each year. Population, 
 1,874,310. Clerk wa*s paid $7,000 in 1911; attorney's salary, $4,500; 
 marshal's salary, $4,000. 
 
 Pennsylvania, western. — There are two places of holding court and 
 two offices maintained by the clerk, the total annual collections being 
 about $20,300; there were pending July 1, 1911, 2,576 civil and crim- 
 inal cases, and the business is about the same each year. Population, 
 
30 COMPENSATION EOR CLERKS OF UNITED STATES COURTS. 
 
 2,963,910. Clerk was paid $7,000 in 1911 ; attorney's salary, $4,500; 
 marshal's salary, $4,000. 
 
 Rhode Island. — There are two places of holding court and two offices 
 maintained by the clerk, the total annual collections being about 
 $3,800; there were pending July 1, 1911, 385 civil and criminal cases, 
 and the business is increasing slightly each year. Population, 542,610. 
 Clerk was paid $3,749.14 in 1911 ; attorney's salary, $2,500; marshal's 
 salary, $2,000. 
 
 South Carolina. — There are four places of holding court and four 
 offices maintained by the clerk, the total annual collections being 
 about $7,800; there were pending July 1, 1911, 535 civil and criminal 
 cases, and the business remains about the same from year to year. 
 Population, 1,525,400. Clerk was paid $5,998.98 in 1911; attornev's 
 salary, $4,500; marshal's salary, $4,500. 
 
 South Dakota. — There are four places of holding court and four 
 offices maintained by the clerk, the total annual collections being 
 about $10,000; there were pending July 1, 1911, 518 civil and criminal 
 cases, and the business remains about the same each year. Popula- 
 tion, 583,888. Clerk was paid $7,000 in 1911; attorney's salary, 
 $4,000; marshal's salary, $4,000. 
 
 Tennessee, eastern. — There are three places of holding court and 
 three offices maintained by the clerk, the total annual collections 
 being about $9,700; there were pending July 1, 1911, 215 civil and 
 criminal cases, and the business remains about the same each year. 
 Population, 723,232. Clerk was paid $6,222.59 in 1911; attorney's 
 salary, $4,000; marshal's salary, $4,000. 
 
 Tennessee, middle. — There are two places of holding court and two 
 offices maintained by the clerk, the total annual collections being 
 about $7,300; there were pending July 1, 1911, 386 civil and criminal 
 cases, the business remaining about the same each year. Population, 
 804,251. Clerk was paid $5,479.66 in 1911; attorney's salary, 
 $4,500; marshal's salary, $4,000. 
 
 Tennessee, western.-. — There are two places of holding court and two 
 offices maintained by the clerk, the total annual collections being 
 about $11,500. There were pending July 1, 1911, 249 civil and crimi- 
 nal cases, and the business is increasing steadily. Population, 657,306. 
 Clerk was paid $7,000 in 1911; attornev's salary, $4,500; marshal's 
 salary, $4,000. 
 
 Texas, northern. — There are five places of holding court and five 
 offices maintained by the clerk, the total annual collections being 
 about $10,600. There were pending July 1, 1911, 476 civil and 
 criminal cases, and the business is increasing steadily each year. 
 Population, 1,160,676. Clerk was paid $5,622.95 in 1911; attorney's 
 salary, $4,000; marshal's salary, $4,000. 
 
 Texas, southern. — There are five places of holding court and five 
 offices maintained by the clerk, the total annual collections being 
 about $9,200. There were pending July 1, 1911, 218 civil and crimi- 
 nal cases, and the business is increasing steadily. Population, 660,860. 
 Clerk was paid $3,814.94 in 1911; attorney's salary, $4,000; mar- 
 shal's salary, $4,000. 
 
 Texas, eastern. — There are six places of holding court and six 
 offices maintained by the clerk, the total annual collections being 
 about $8,900. There were pending July 1, 1911, 409 civil and criminal 
 cases, and the business is increasing steadily. Population, 1,004,663. 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 31 
 
 Clerk was paid $4,126.18 in 1911; attorney's salary, $4,000; mar- 
 shal's salary, $4,000. 
 
 Texas, western. — There are five places of holding court and five oifices 
 maintained by the clerk, the total annual collections being about 
 $9,200. There were pending July 1 , 1911, 305 civil and criminal cases, 
 and the business is increasing slightly from year to year. Popula- 
 tion 1,070,343. Clerk was paid $4,971.87 in 1911 ; attorney's salary, 
 $4,000; marshal's salary, $4,000. 
 
 Utah. — There are two places of holding court and two offices main- 
 tained by the clerk, the total annual collections being about $5,100. 
 There were pending July 1, 1911, 390 civil and criminal cases, and the 
 business is increasing steadily. Population 373,351. Clerk was paid 
 $4,895.76 in 1911; attorney's salary, $4,000; marshal's salary, $3,500. 
 
 Vermont. — There are three places of holding court and three oiiioes 
 maintained by the clerk, the total annual collections being about 
 $4,200. There were pending July 1, 1911, 396 civil and criminal cases, 
 and the business is increasing slightly each year. Population 355,956. 
 Clerk was paid $3,108.81 in 1911; attorney's salary, $3,000; marshal's 
 salary, $2,500. 
 
 Virginia, eastern. — There are three places of holding court and three 
 offices maintained by the clerk, the total annual collections, being 
 about $13,200. There were pending July 1, 1911, 522 civil and criminal 
 cases, and the business seems to be decreasing. Population 1,(169,806* 
 Clerk was paid $5,139.76 in 1911 ; attorney's salary, $4,000; marshal's 
 salary, $3,500. 
 
 Virginia, western. — Previous to the 1st day of January, 1912, there 
 were four circuit and four district clerkships in this district, each 
 entitled to earn $3,500 annually, or $28,000 in all. There are seven 
 places of holding court and seven offices maintained by the clerk, the 
 total annual collections being about $12,000. There were pending 
 July 1, 1911, 931 civil and criminal cases, and the business seems to 
 be about the same from year to year. Population, 1,031,806. Clerk 
 was paid $7,000 in 1911; attorney's salary, $4,500; marshal's 
 salary, $4,000. 
 
 Washington, eastern. — This is a double fee and double maximum 
 district, there being three places of holding court and three offices 
 maintained by the clerk, the total annual collections being about 
 $13,400. There were pending July 1, 1911, 324 civil and criminal 
 cases, and the business remains about the same from year to year. 
 Population, 409,699. Clerk was paid $12,324.36 in 1911; attorney's 
 salary, $4,500; marshal's salary, $4,000. 
 
 Washington, western. — This is a double fee and double maximum 
 district, there being three places of holding court and three offices 
 maintained by the clerk, the total annual collections being about 
 $30,000. There were pending July 1, 1911, 963 civil and criminal 
 cases, and the business remains about the same each year. Popula- 
 tion, 732,291. Clerk was paid $14,000 in 1911; attorney's salary, 
 $4,500; marshal's salary, $4,000. 
 
 West Virginia, northern. — Ibis district is located in one of the most 
 rapidly developing sections of the United States; there are five places 
 of holding court and five offices maintained by the clerk, the total 
 annual collections being about $13,800; there were pending July 1, 
 1911, 733 civil and criminal cases, and the business is increasing 
 
32 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 rapidly each year. Population. 814,224. Clerk was paid $7,000 in 
 1911; attorney's salary, $4,500; marshal's salary, $4,000. 
 
 West Virginia, southern. — This district is in one of the most rapidly 
 developing sections of the country, and the increase of business and 
 development of natural resources is phenomenal. There are five 
 places of holding court and five offices maintained by the clerk, the 
 total annual collections being about $11,000, and the business has 
 doubled within five years. There were pending July 1, 1911, 1,228 
 civil and criminal cases. Population, 606,895. Clerk was paid $7,000 
 in 1911; attorney's salary, $4,500; marshal's salary, $4,000. 
 
 Wisconsin, eastern. — Ihere are three places of holding court and 
 three offices maintained by the clerk, the total annual collections 
 being about $6,500; there were pending July 1, 1911. 387 civil and 
 criminal cases, and the business remains about the same each year. 
 Population, 1,243,932. Clerk was paid $4,736.87 in 1911; attorney's 
 salary, $4,000; marshal's salary, $4,000. 
 
 Wisconsin, western. — There are four places of holding court and 
 four offices maintained by the clerk, the total annual collections being 
 about $6,900; there were pending July 1, 1911, 429 civil and criminal 
 cases and the business is increasing. Population, 1,089,928. Clerk 
 was paid $6,286.72 in 1911; attorney's salary, $4,000: marshal's 
 salary, $4,000. 
 
 Wyoming. — This is a double fee and double maximum district, and 
 there are four places of holding court and four offices maintained by 
 the clerk. The total annual collections are about $6,900; there 
 were pending July 1, 1911, 98 civil and criminal cases, and the business 
 has about doubled in the past five years. Population, 145,965. 
 Clerk was paid $4,967.87 in 1911; attorney's salary, $4,000; mar- 
 shal's salary, $3,500. 
 
 Included in the number of civil and criminal cases, as given in 
 the above statement, are all proceedings in bankruptcy. 
 
 The "double fee and double maximum" districts referred to above 
 are so constituted under the provisions of section 840, Revised Stat- 
 utes, and acts amendatory, which provide tl>at in the districts in 
 California, Oregon, Nevada, Idaho, Wyoming, North Dakota, Wash- 
 ington, Montana, Arizona, and New Mexico double fees and double 
 maximum shall be allowed, with a proviso that when both circuit 
 and district clerkships were held by the same person the maximum 
 for both offices should not exceed $7,000 per annum. 
 
 The amendments to sections 4 and 5 are made at the suggestion 
 of the Attorney General, in a letter dated February 14, 1912. The 
 method of paying deputy marshals now in vogue is through the 
 marshals in the several districts and in harmony with the modern 
 tendencies toward economy in administration. The Attorney 
 General suggests that the same method of payment of the clerks and 
 deputy clerks would simplify accounting and make for uniformity 
 in administration. 
 
 Referring to Judge Norris's question, you will observe from this 
 document the elements that enter into the consideration of the 
 proper amount to be determined in each case. I discussed that mat- 
 ter orally with the Attorney General and took it up also in writing 
 with him. He had the same opinion that Judge Norris had, that in 
 no case should the salary of the clerk exceed that of the district 
 
COMPENSATION FOE CLERKS OF UNITED STATES COUETS. 33 
 
 attornejr. Right in this connection I want to read into the record his 
 letter to me, dated February 24 : 
 
 Appendix D. 
 
 Salaries of Clerks in United States District Courts. 
 
 letter from the attorney general. 
 
 Department of Justice, 
 Office of the Attorney General, 
 
 Washington, D. C, February 24, 1912. 
 Hon. H. D. Clayton, 
 
 Chairman Committee on the Judiciary, 
 
 House of Representatives. 
 Dear Judge Clayton: I have read over the minutes of the hear- 
 ing on the clerks' fee bill and return it to you. I have gone over 
 the bill and the scale of fees. Capt. Glover has prepared a report for 
 me, which I transmit. In it he suggests certain reductions for reasons 
 stated. One consideration which had not been brought up before, 
 and which I think should be weighed, is the amount of clerical ex- 
 pense in addition to the clerks' salaries which would be required in 
 each of these offices. Capt. Glover's report shows the aggregate of 
 salaries of the clerical forces in the different offices which have been 
 fixed and allowed since the passage of the judiciary act on the rec- 
 ommendation of the court clerks. In cases where the sum of the 
 proposed clerk's salary and the expenses of his clerical force would 
 considerably exceed the earnings of the office, it would seem that 
 the amount of the clerk's proposed salary should be somewhat reduced. 
 One other consideration has occurred to me, namely, that the 
 clerks should not receive a higher salary than the district attorneys. 
 In answer to this I understand the suggestion is made that the dis- 
 trict attorneys' salaries were fixed some years ago; that the cost of 
 living has increased; and that, instead of reducing the proposed 
 salaries of the clerks to a level with those of the district attorneys, 
 the latter ought to be increased. I quite agree to the fairness of the 
 proposed increase in the salaries of the district attorneys, but I 
 think that the clerk's compensation should not exceed that of a 
 trained professional officer, such as the district attorney. 
 
 Would it not be expedient to combine with this bill the bill (H. R. 
 19418) authorizing the President to remove a clerk for cause, so as 
 to have one bill deal with the entire subject of court clerks ? 
 Faithfully, yours, 
 
 Geo. W. Wickersham, 
 
 Attorney General. 
 
 memorandum for the attorney general. 
 
 Department of Justice, 
 
 Washington, February 26, 1912. 
 Referring to the attached tabulation in re salaries for clerks of 
 United States districts courts, I make the following suggestions: 
 
 That the salary of the clerk for the middle district of Alabama 
 be reduced from $4,000 to $3,500. The annual average earnings of 
 
 H. Rept. 425, 62-2 3 
 
34 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 the clerk for the last three years amount to only $6,086.29, which 
 would not be sufficient to reimburse the United States in paying a 
 salary of $4,000 and $2,920 for pay of deputy clerks and clerical 
 assistants. 
 
 Reduce the salary of the clerk for the northern district of Florida 
 from $4,000 to $3,000, his average earnings being $6,204.32. This 
 amount would not be sufficient to reimburse the United States in 
 paying a salary of $4,000 and $2,340 to clerks and clerical assistants. 
 Court is held at three places in said district. 
 
 Reduce the salary of the clerk for the district of Idaho from $4,000 
 to $3,000. It is true that the average earnings for three years in 
 said district amount to the sum of $8,770.17, but it must be remem- 
 bered that this is a double-fee district. If he were receiving single 
 fees his earnings would amount only to the sum of $4,385.08. 
 
 Reduce the salary of the clerk for the northern district of Iowa 
 from $4,500 to $3,500, as the average earnings of that district in 
 the last three years amount to only $7,535.45. This amount would 
 hardly be sufficient to reimburse the United States in paying a salary 
 of $4,500 and $2,860 to deputy clerks and clerical assistants. It is 
 true that court is held at four places in said district. 
 
 Reduce the salary of the clerk for the district of Montana from 
 $5,000 to $4,000. The average earnings in said district for the last 
 three years were $13,680.26, but this is a double-fee district, so that 
 if the earnings were reduced to single fees the earnings each year 
 would be $6,840.13, which would not be sufficient to reimburse the 
 United States in paying a salary of $5,000 and $3,400 to clerks and 
 clerical assistants. 
 
 Reduce the salary of the clerk for the district of Nevada from 
 $3,000 to $2,500. The average earnings amount to $5,710.36, but 
 this is also a double-fee district. If the earnings were reduced to 
 single fees the earnings each year would be $2,856.18, which would 
 not be sufficient to reimburse' the United States in paying $3,000 to 
 the clerk and $1,440 to deputy clerks and clerical assistants. 
 
 Reduce the salary of the clerk for the district of North Dakota from 
 $5,000 to $3,500. This is another double fee district. The average 
 earnings for three years amount to $9,732.98; reduced to single fees 
 would amount to $4,866.49, which would not reimburse the United 
 States in paying a salary of $5,000 to the clerk and $2,900 to deputy 
 clerks and clerical assistants. 
 
 Reduce the salary of the clerk for the eastern district of Oklahoma 
 from $4,500 to $4,000. It seems that the average earnings in said 
 district for the last three years amount to $14,210.28, but this large 
 amount is the result of a* very unusual state of facts. These were 
 earnings almost wholly or very largely from the United States in liti- 
 gation relative to Indian lands. It is but fair to state, however, that 
 the law requires terms of court at six places in the district. 
 
 Increase the salary of the clerk for the eastern district of Virginia 
 from $4,500 to $5,000; average earnings in said district, $13,258.79. 
 
 Increase the salary of the clerk for the western district of Virginia 
 from $4,500 to $5,000; average earnings in said district, $12,077.03. 
 Terms of court are required to be held at seven places in this district. 
 
 Reduce the salary of the clerk for the eastern district of Washing- 
 ton from $4,500 to $3,500. The average earnings in said district 
 amount to $13,428.06, but this is another double fee district, and if 
 
COMPENSATION FOK CLERKS OF UNITED STATES COURTS. 35 
 
 only single fees were chargeable in that district the average earnings 
 would be only $6,714.03, which would not be sufficient to reimburse 
 the United States in paying a salary of $4,500 and $4,700 to deputy 
 clerks and clerical assistants. 
 
 Reduce the salary of the clerk for the district of Wyoming from 
 $4,000 to $3,000. The average earnings are only $6,918.66. This is a 
 double fee district. Terms of court are required to be held at five 
 places therein. 1 
 
 Respectfully, J. J. Glover, 
 
 Chief, Division of Accounts. 
 
 The Chairman. And I want the minutes of the hearings referred 
 to by the Attorney General and Capt. Glover put in right at this 
 point. 
 
 The document referred to is as follows : 
 
 Appendix E. 
 
 compensation of clerks of united states district courts. 
 
 Subcommittee No. 2 of the 
 Committee on the Judiciary, 
 
 House of Representative^, 
 
 Washington, February 21, 1912. 
 
 The subcommittee met at 10.30 o'clock a. m., Hon. H. Garland 
 Dupre presiding, the committee having under consideration the 
 matter of fixing salaries of United States district court clerks. 
 
 Present : Representatives Clayton (chairman of the Committee on 
 the Judiciary), Dupre, Nye, and Norris. 
 
 Present, also: Capt. J. J. Glover, chief of the division of accounts, 
 Department of Justice, and Mr. E. M. Keatley, clerk of the United 
 States District Court for the Southern District of West Virginia. 
 
 Mr. Clayton. Mr. Chairman, I have drawn a bill seeking to put 
 the clerks of the district courts upon salaries, and, as chairman of 
 the Committee on the Judiciary, I have referred the measure to this 
 subcommittee and have asked you to meet and consider it this 
 morning, and desire to make a statement in regard to the matter. I 
 prepared this bill, of which there is a committee print only, it not 
 having been introduced as yet, which committee print is here before 
 you, a bill entitled "A bill relating to the compensation of clerks of 
 United States district courts." Since it was prepared two amend- 
 ments have been made, on pages 8 and 9. These amendments' were 
 made after a conference with the Attorney General. After the bill 
 was drawn I submitted it to the Attorney General for criticism, par- 
 ticularly as to its form, and as a result of this criticism and the 
 conference that I had with him, and also with others, I have drawn 
 the amendments as indicated on the copy! You have before you the 
 typewritten matter on page 8, and the typewritten matter on page 9, 
 which you see, and I will not stop to explain that at this time. I 
 may say that the history of this proposed legislation is in substance 
 as follows : There were several bills introduced at this session of Con- 
 
 1 The references to reductions and increases contained in the above statement are to the documents printed 
 and entitled "Tabulation in re salaries forclerks United States district courts, "column headed "Suggested 
 salary clerk." 
 
36 COMPENSATION FOE CLERKS OP UNITED STATES COURTS. 
 
 gress seeking to change the Revised Statute which allows clerks of 
 the district courts to receive a maximum compensation of $3,500 
 out of their fees, and these bills sought to raise that maximum to 
 $5,000, but otherwise did not seek to change the statute. This sub- 
 committee reported, or brother Norris reported, on the Davis bill 
 which I have just described, and your report was in substance that 
 you adhered to the $3,500 maximum allowance out of the fees, and 
 you recommended that the clerks be allowed their actual necessary 
 expenses when away from home. That measure was reported to 
 the House and is on the calendar there now. Since that time the 
 Senate has passed a bill similar to the Davis bill, by which they are 
 allowed a maximum to be retained out of the fees of about $5,000. 
 That measure has come to the House but has not been acted upon. 
 
 Now, I call your attention to a letter dated January 25, a copy of 
 which you have before you, addressed to me by the Attorney Gen- 
 eral, annexed to which is a statement showing the gross earnings of 
 clerks of the United States courts during the fiscal years 1909, 1910, 
 and 1911. Then you will find, also a printed statement, or a tabu- 
 lation, in the matter of salaries for clerks of the United States dis- 
 trict courts, and on that statement you will find the salary in each 
 case of the district attorney and marshal and the average fees of the 
 clerk and a suggested salary for the clerk. In each case you will also 
 find a statement relative to the bill providing for salaries of clerks of 
 United States district courts. I have had all that printed for your 
 information. It has been all gathered together and I have had it 
 printed here for your ,guidance. You will find the compensation 
 actually received by clerics of United States courts for the year 1911, 
 and you will find that this bill as originally printed left blanks which I 
 have had filled out with the suggested amounts only. Now, I may say 
 that I have here considerable correspondence with the Attorney Gen- 
 eral other than that which I have had printed, which is for the con- 
 sideration and information of the committee. I desire to say briefly 
 that this proposition to put the clerks on a salary basis has the 
 approval of everybody with whom I have talked. 
 
 In 1896 the marshals and district attorneys were put upon a salary 
 basis, and there is no reason that I have ever heard suggested why the 
 clerks should not be put upon salaries. I happened to be a United 
 States district attorney myself at the time the fee system was abol- 
 ished and the district attorneys were put upon a salary basis, and I 
 know myself I was very glad of the change, although I was earning 
 under the fee system $6,000 a year. I preferred, however, to have 
 the lesser amount in the shape of a regular salary, so that I might 
 be free to prosecute or not to prosecute any cases that I thought 
 proper, so that nobody could accuse me of being actuated by any 
 desire to make fees in any case. 
 
 I do not know that I ought to say any more on the attitude of the 
 administration than I have already detailed to you about my con- 
 ferences with the Attorney General and what is shown by his corre- 
 spondence here. I think I am justified in saying that this measure 
 meets the approval of the Department of Justice. The only ques- 
 tion that I think is really open, so far as I have been able to ascertain 
 from letters received from judges, from suggestions from Members of 
 the Senate and Members of the House, as well as from the Depart- 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 37 
 
 ment of Justice, is the matter of what particular salary shall be fixed 
 in each particular case. 
 
 I take it that the committee is in accord with what seems to me to 
 be the universal sentiment to put these clerks upon a salary basis, 
 and I will not waste the time of the committee by saying anything 
 on the wisdom of it. I take it for granted that it is in line with 
 modern legislation, following the same statute that is in force in the 
 case of district attorneys and marshals, and it resolves itself, accord- 
 ing to my way of thinking at least, to the question of how much shall 
 be allowed in each case. Now we have with us to-day Capt. Glover, 
 who has been connected for a long time with the Department of 
 Justice and who has handled this matter of compensation of clerks 
 for a long time and is perfectly familiar with it, and I wish Capt. 
 Glover to make a statement to the committee. 
 
 Mr. Dupre. I would like to ask a question. Are these suggested 
 salaries based on recommendations of the Attorney General's office ? 
 
 Mr. Clayton. Well, I could hardly say that. I have conferred 
 with the Attorney General and he has personally advised me that in 
 the main these amounts suggested seemed to be right. We have 
 Capt. Glover here to-day representing the Department of Justice to 
 make a statement on this subject. 
 
 Mr. Dupre. I would like to know also for what number of years 
 this average has been obtained. I 
 
 Mr. Clayton. The salaries suggested in this bill are based upon 
 the consideration of several facts in each case. In other words, to 
 solve the question as to the correct amount to award a clerk in any 
 particular district, that being the equation, I have taken into consid- 
 ation several factors. The first factor is the number of places of 
 holding court, the number of offices maintained by each clerk. The 
 second factor is the volume of business in each district, both civil 
 and criminal, as shown by the official reports of the Attorney Gen- 
 eral. The third, the salaries now paid to the United States attorneys 
 and to the marshals in the particular districts. Fourth, the amount 
 that each clerk has been paid for his services when under the fee 
 system. Fifth, the population, progress, and development of the 
 several districts, and their future possibilities for probable increase 
 of business and the like. Sixth, the fact that many clerks are, under 
 section 273 of the Judicial Code, prohibited from practicing law. In 
 some of these large districts it requires a man who is a pretty fair 
 lawyer to be a clerk, and he is deterred from practicing law, and 
 I thought that was a proper element to take into consideration. 
 Seventh, the revenue-producing qualities of the several districts. 
 Those, in brief, are most of the factors that I have considered as enter- 
 ing into this question. 
 
 Mr. Nye. Do you know how the aggregate amount of salaries under 
 this bill will compare with the amount paid now? 
 
 Mr. Clayton. Yes, sir; I have got all that in the statement right 
 here. 
 
 Mr. Nye. Does it increase it? 
 
 Mr. Clayton. My statement was merely by way of introduction, 
 and I want to say, gentlemen, that I think I have everything which 
 you can possibly ask for about this case, and I think most of it is in 
 writing and printed right here for you. What I wanted to say was 
 
38 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 merely by way of introduction and then to have Capt. Glover take up 
 the bill. I did not know that the committee would want to go into 
 the form of the bill this morning. My information is that Capt. 
 Glover wishes to speak solely on the matter of compensation to each 
 clerk in each particular district, beginning with Alabama, the north- 
 ern district of Alabama. After he has completed what he has to say 
 I would then ask the committee to hear Mr. Keatley, of West Virginia, 
 who has had long experience as a clerk, and I can say is not only a 
 good clerk, but a good lawyer. 
 
 Mr. Glover. I am not here prepared to make a full recommenda- 
 tion as to the relative salaries of these clerks. I would have to go 
 over it very carefully first. I have been trying to fix the pay of clerks 
 now since December 1. I have been working on the salaries of the 
 deputies and determining the number of deputies each clerk should 
 have. I came up here rather to speak about some features of the 
 bill and to say that there are several things that will have to be 
 considered, especially the part of the bill treating of the accounts of 
 the clerks in regard to expenses, whether the department will recom- 
 mend that the marshals, for instance, will not only pay the salaries 
 of their several clerks but will pay the expense accounts of the 
 clerks also. Of course, after the clerks are put on salaries the whole 
 thing will have to be handled in a different way. Instead of allowing 
 the clerks to buy all sorts of supplies for their offices the department 
 will furnish those supplies just as they furnish supplies for United 
 States marshals now. 
 
 Mr. Clayton. This bill in no wise deals with that subject. 
 
 Mr. Glover. Well, we want it to. 
 
 Mr. Clayton. I think not. 
 
 Mr. Glover. How will that be determined; just let it go along as it 
 has been done, and buy all the stuff they please? 
 
 Mr. Norris. I should think a great deal of economy might be 
 brought about by a uniform system in this supply business by letting 
 the department furnish all the supplies, because they are practically 
 the same for every district. 
 
 Mr. Clayton. That applies to the marshal, the district attorney, 
 and everybody else, and I don't see why we should take that up in a 
 salary bill for clerks. Now, I have had numerous conferences with 
 the Attorney General and a great deal of correspondence about it, and 
 he has never suggested putting that in this bill. 
 
 Mr. Glover. Well, he naturally wouldn't think of that. 
 
 Mr. Keatley. Isn't that all covered in the general law now ? That 
 is my understanding of the statute. The Department of Justice has 
 the right to prescribe these administrative details. You have con- 
 ferred that right upon the Attorney General by law. 
 
 Mr. Clayton. I have here references to the statutes covering the 
 subject, which are as follows: 
 
 CITATIONS IN RE AUTHORITY OP DEPARTMENT OP JUSTICE. 
 
 Justice, Department of. — Established by act of September 24, 1789 (1 Stat. L., 92); 
 act June 22, 1870, chapter 150 (16 Stat. L., 162), section 346 Revised Statutes. 
 
 Regulations, executive departments.— Authorized to adopt and promulgate as to busi- 
 ness, supplies, etc., custody of property, etc. Act July 27, 1789, section 161 Revised 
 Statutes, and when so promulgated are those of the President. Wolsley v. Chapman 
 (101 U. S., 769, etc.) 
 
COMPENSATION FOE CLERKS OF UNITED STATES COUETS. 39 
 
 Superintendence of attorneys and marshals, etc. — Section 362 Revised Statutes (act 
 Aug. 2, 1861, ch. 37; 12 Stat. L., 285; act June 22, 1870,«ch. 150; 16 Stat. L., 164.) 
 
 Accounts of marshals, attorneys, clerics, etc., supervision of. — Section 368 Revised 
 Statutes (act June 22, 1870, ch. 150; 16 Stat. L., 164.) 
 
 Blanks, letterheads, etc., for officials of United States courts to be printed at the Govern- 
 ment Printing Office.— Act January 12, 1895 (28 Stat. L., 624). 
 
 Mr. Glover. Well, perhaps we can do it without that. 
 
 Mr. Keatley. That is merely a detail of administration. 
 
 Mr. Clayton. Yes. Of course I didn't care for you to criticize the 
 form of this bill, because I had the criticism of the Attorney General 
 on the form of the bill ; but what I wanted you to take up is the com- 
 pensation of the clerks. 
 
 Mr. Glover. I misunderstood you, then. 
 
 Mr. Clayton. I have a criticism from the Attorney General in 
 regard to the form. 
 
 Mr. Glover. When the salary bill was up before for district attor- 
 neys and United States marshals the chairman of the committee spent 
 a good deal of time with the Division of Accounts, and that bill was 
 rewritten by myself some three or four times, and the substance of it 
 is as I prepared it in 1896. I prepared the commissioners' fee bill at 
 the same time, which has saved the Government probably a couple of 
 million dollars. 
 
 Mr. Clayton. Then may I ask you, are you ready to go on this 
 morning and give the committee any information relative^ to the 
 proper compensation of the clerks in each one of these districts, or 
 would you prefer to take that up and communicate it to the com- 
 mittee in writing ? 
 
 Mr. Glover. I certainly think it would be a good deal better to 
 take that up by letter after I have had time to go through it with 
 more care than I can give to it this morning. 
 
 Mr. Clayton. Then, Mr. Chairman, with your permission I will 
 refer the matter to the Attorney General. I took it up with the 
 Department of Justice, but I gathered the idea that it was preferred 
 that Capt. Glover should come up here and make an oral statement 
 to the committee. 
 
 Mr. Dupre. What position does Capt. Glover occupy in the At- 
 torney General's office ? 
 
 Mr. Glover. I am chief of the Division of Accounts. I have 
 fixed the salaries of all these deputy clerks. 
 
 Mr. Clayton. What I wanted was for the committee to report this 
 matter to the full committee and to let them recommend, because 
 the full committee will want to go over this whole thing with a degree 
 of care. In the meantime I wanted the testimony of Mr. Keatley 
 here in explanation of it so that we could have his statement for the 
 full committee. 
 
 Mr. Dupre. Are you willing to go on this morning, Mr. Keatley? 
 
 Mr. Keatley. Yes. 
 
 Mr. Nye. I don't think there is any objection to reporting it with- 
 out recommendation. He can furnish all this data; we have it pretty 
 fully here. 
 
 Mr. Keatley. Everything that I can say is here before the 
 committee. 
 
 Mr. Clayton. I want to say that I have gotten up all the data 
 possible pertaining to this subject that I could think of. 
 
40 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 Mr. Glover. Can you furnish me that so that I can get the benefit 
 of it? 
 
 Mr. Clayton. Certainly. I think we should report it to the full 
 committee with the recommendation that the full committee take 
 it up and act upon it. 
 
 Mr. Dupre. Mr. Keatley asks permission to file these documents 
 with the committee. If there are no objections the documents will 
 be filed. 
 
 Mr. Clayton. Well, it is not necessary to make any note of that. 
 That is done every day, papers are left there and put on the file. 
 
 Mr. Dupre. I move that this bill be reported to the full committee 
 with the recommendation that an early hearing be had on the subject 
 and the matter disposed of at an early date. 
 
 Mr. Nye. I want to make a motion that this subcommittee report 
 this bill to the full committee with the recommendation that the full 
 committee give it consideration and act on it. 
 
 Mr. Dupre. You have heard the motion of Mr. Nye. All those in 
 favor of it will say "aye." 
 
 Motion carried. 
 
 Mr. Norris. How soon, Captain, can you have your report? 
 
 Mr. Glover. In a very few days. 
 
 Mr. Clayton. I will write a letter to the Attorney General to-day 
 calling for the information. 
 
 Mr. Dupre. Without objection, the subcommittee will stand ad- 
 journed. 
 
 The Chairman. Now, I may answer that question propounded by 
 the Attorney General by saying that the committee is instructed 
 and the report has been prepared, to report favorably H. R. 19418, 
 and my own opinion is that we had better let that matter be taken 
 care of by a special bill rather than put it in here. My own idea is 
 that when you go to legislate, the closer you can stick to the object 
 you have in view the easier it is to get it passed. If we undertook 
 to go out and do too many things, Members on the floor will suggest 
 that something else ought to be done, and the first thing you know 
 you would not recognize the bill to fix the clerk's salaries, it would 
 be so changed. So I think we had better preserve the character of 
 the bill fixing the salary of clerks, and take care of this other mat- 
 ter by H. R. 19418, which amends the Revised Statute on that sub- 
 ject and takes care of it according to the best judgment of this 
 committee. 
 
 Mr. Keatley, you clerks favor this Davis bill before the House? 
 
 Mr. Keatley. Yes, sir; that was the result of the meeting at St. 
 Louis. 
 
 The Chairman. Which adhered to the fee system and fixed a 
 maximum under the fee system of $5,000, which bill was also intro- 
 duced in the Senate in the same form as the Davis House bill, and 
 the Senate passed it. It fixed an allowance of $5,000 under the fee 
 system. 
 
 Mr. Keatley. That is correct. 
 
 The Chairman. Now, this committee has determined to get away 
 from the fee system and to come to the salary system, and when you 
 were apprised of that fact, as I told you some days ago, I want to say 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 41 
 
 to the committee that you very kindly undertook to give me any 
 information bearing on this subject that you could. 
 
 Mr. Dupre. May I at the present time register my dissent from 
 the views expressed by the Attorney General regarding the salary of 
 the clerk being fixed according to that of the United States attorneys. 
 I make that objection because of my personal knowledge of the 
 unfairness which that has worked in two districts that have come to 
 my notice. 
 
 Mr. Higgins. I want to join in the same suggestion. 
 
 The Chairman. In how many instances. Mr. Keatley, in this bill, 
 as approved by the Attorney General, has the salary fixed for the 
 clerk exceeded the salary fixed for the district attorney? 
 
 Mr. Keatley. I have not counted them. 
 
 The Chairman. It is a mere matter of counting. I wish you would 
 do that and put it in the record. 
 
 Mr. Keatley. Yes, sir; 38 exceed the district attorney by a small 
 amount. 
 
 The Chairman. And in how many instances is the salary fixed for 
 the clerk less than that of the district attorney? I would like for 
 that to go in. 
 
 Mr. Keatley. I will give that; 22 less than district attorney; 19 
 the same as district attorney. 
 
 Mr. Higgins. When you are considering Connecticut, Mr. Keatley, 
 you should bear in mind that the Senate has already passed a bill 
 increasing the salary of the marshal of Connecticut from $2,000, his 
 present salary, to $3,000. So the figures that appear in these tables 
 in regard to Connecticut are quite likely to be subject to change dur- 
 ing this session of Congress. 
 
 Mr. Keatley. The salaries of the district attorneys are based on 
 an entirely different principle than those of the clerks. An attorney 
 is employed by the Government within a district to look after its liti- 
 gation and is paid a salary generally commensurate with what the 
 Government has in that particular district. For example, in the 
 great State of New Jersey, where the clerk's office used to pay $30,000 
 a year in fees, the United States district attorney gets but $3,000 
 salary, because only about one-half of 1 per cent of the business 
 transacted in the Federal courts in New Jersey is business for the 
 Government. In Georgia, where the receipts are less, the district 
 attorney gets $5,000. Georgia is what is known as an internal- 
 revenue State, and the Government has hundreds of cases there. In 
 my district the district attorney gets $4,500. Up in Connecticut he 
 only gets $2,000. I think as a general proposition the clerks should 
 perhaps not average more than the district attorneys. In this bill 
 they average practically the same. 
 
 Mr. Higgins. I do not accept the proposition of the Attorney 
 General that the compensation of the clerks ought to be determined 
 by the compensation of the marshal and the district attorney. 
 
 Mr. Norris. I think I ought to say. in justice to myself, that I did 
 not state that as a proposition 
 
 The Chairman. As a hard-and-fast rule? 
 
 Mr. Norris. I did not mean to be understood so, but I think that 
 is one of the facts that ought to be taken into consideration. 
 
 The Chairman. Judge Norris, you will bear me out that in my 
 statement to the subcommittee — I think I made the statement to the 
 
42 COMPENSATION FOE CLERKS OP UNITED STATES COURTS. 
 
 whole committee the other day — that I thought that was one fact that 
 might guide us in determining this, but that in all these considera- 
 tions that I named in the statement before the subcommittee and in 
 this leaflet, which I have ordered printed, no one of them is a de- 
 termining factor; but we ought to take all those facts and other 
 facts that may come to the committee, from the clerks themselves, 
 and from some of the letters that judges have written to me, which 
 are in the possession of the committee — take all these facts together 
 and try the question of adequate salary in each particular case on 
 the facts pertaining to that case. No one factor determines it. 
 There is no one fact which is a determining factor. 
 
 Mr. Sterling. I suppose the receipts of the clerks' offices are the 
 best criterion of the amount of work. 
 
 Mr. Keatley. Yes; and let me call attention to this fact. The 
 Attorney General's office, in arriving at the figures, should recognize 
 some considerations that we suggest. If you will take this leaflet 
 and total the salaries of their deputies and their other expenses and 
 add to that the salary proposed by the Attorney General, you will 
 find in every district that it is largely under what the clerks now 
 take in. 
 
 The Chairman. Will you put that leaflet in the hearing? 
 
 Mr. Keatley. Yes, sir. 
 
 The statement referred to is as follows: 
 
 Appendix F. 
 
 compensation of deputy clerks, etc., united states district courts. 
 
 Department of Justice, 
 
 Washington, February 16, 1912. 
 Hon. H. D. Clayton, 
 
 Chairman Committee on the Judiciary, 
 
 House of Representatives. 
 Sir: In compliance with the request contained in your letter of the 
 12th instant, there is transmitted herewith a statement showing the 
 compensation of the deputy clerks and clerical assistants employed 
 by the various clerks of the United States district courts as fixed by 
 this department for the calendar year 1912. 
 
 The information as to the compensation of the deputy clerks and 
 clerical assistants employed by the clerks of the district courts in the 
 following districts is not furnished for the reason that the applications 
 of said clerks for the desired authority have not as yet been received, 
 although their recommendations in the matter have been requested: 
 Western Arkansas, southern California, district of Colorado, district of 
 Connecticut, district of Delaware, district of Idaho, northern Iowa, 
 district of South Dakota, eastern Tennessee, western Texas, district of 
 Utah, and district of Wyoming. 
 
 As the Territories of Arizona and New Mexico have just recently 
 been admitted to statehood, the matter of fixing the compensation of 
 deputy clerks and clerical assistants to be employed in the districts of 
 Arizona and New Mexico can not be taken up until the clerks of United 
 States district courts are appointed. 
 
 Respectfully, J. A. Fowler, 
 
 Acting Attorney General. 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 43 
 
 Statement shotting the amount of compensation allowed the deputy clerics and clerical 
 assistants employed by the clerks of the United States district courts during the calendar 
 year 1912. 
 
 ALABAMA, NORTHERN. 
 
 Location. 
 
 Per 
 annum. 
 
 Two deputy clerks. 
 
 Do 
 
 Deputy clerk 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Deputy clerk . 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Birmingham 
 
 do 
 
 Birmingham, not to exceed. 
 
 Huntsville 
 
 Anniston 
 
 Jasper 
 
 Florence 
 
 Gadsden 
 
 i $1,800 
 i 1,500 
 900 
 1,800 
 720 
 120 
 120 
 120 
 
 ALABAMA, MIDDLE. 
 
 
 Montgomery 
 
 do 
 
 SI, 200 
 
 Do 
 
 720 
 
 Do. . 
 
 
 ( 2 ) 
 
 
 
 
 ALABAMA, SOUTHERN. 
 
 
 
 $1,800 
 
 
 do 
 
 t 720 
 
 
 
 ARKANSAS, EASTERN. 
 
 Little Rock. 
 
 do 
 
 Jonesboro . . . 
 
 Helena 
 
 Batesville. . . 
 
 $1,500 
 
 1,400 
 
 900 
 
 900 
 
 900 
 
 CALIFORNIA, NORTHERN. 
 
 Deputy clerk 
 
 Do 
 
 Do 
 
 Clerical assistant . 
 Deputy clerk 
 
 Do 
 
 Do 
 
 San Francisco. 
 
 ....do 
 
 do 
 
 do 
 
 do 
 
 do 
 
 do 
 
 i Each. 
 
 2 To be allowed 75 per cent of all fees earned, but not to exceed $1,000 per annum. 
 
 3 To be allowed fees earned at that place not to exceed $720 per annum. 
 
 $2,500 
 2,500 
 1,400 
 1,200 
 1,200 
 900 
 600 
 
 FLORIDA, NORTHERN. 
 
 
 
 . $900 
 
 Do 
 
 
 ( 3 ) 
 
 Do 
 
 
 (3) 
 
 
 
COMPENSATION FOE CLERKS OP UNITED STATES COURTS. 
 
 Statement showing the amount of compensation allowed the deputy clerks and clerical 
 assistants employed by the clerks of the United States district courts during the calendar 
 year 1912 — Continued. 
 
 FLORIDA, SOUTHERN. 
 
 
 Location. 
 
 Per 
 annum. 
 
 Deputy clerk 
 
 
 SI, 200 
 1,000 
 
 Do 
 
 
 Do 
 
 
 200 
 
 Clerical assistant 
 
 
 360 
 
 Deputy clerk 
 
 do 
 
 900 
 
 
 
 
 GEORGIA, NORTHERN. 
 
 Deputy clerk 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Messenger 
 
 Additional clerical assistance when nec- 
 essary, not exceeding. 
 
 Atlanta... 
 
 do 
 
 do.... 
 
 Columbus. 
 
 Athens 
 
 Rome 
 
 Atlanta. . . 
 do.... 
 
 $2,000 
 1,600 
 1,500 
 1,200 
 1,500 
 1,000 
 1,400 
 400 
 1,000 
 
 GEORGIA, SOUTHERN. 
 
 Deputy clerk. 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Macon 
 
 do 
 
 Savannah . 
 Augusta. . 
 Valdosta.. 
 Albany. .. 
 
 1,600 
 
 1,500 
 
 1,000 
 
 900 
 
 700 
 
 HAWAII. 
 
 Deputy clerk 
 
 
 $1,800 
 1,200 
 
 Do 
 
 do 
 
 
 
 
 Note. — The above salaries were not fixed during this calendar year, but they are the salaries allowed 
 at the present time. 
 
 ILLINOIS, NORTHERN. 
 
 Deputy clerk in charge 
 
 Cashier and bookkeeper 
 
 Minute clerk to Judge Landis 
 
 File clerk, etc 
 
 Clerical assistant 
 
 Do 
 
 Do 
 
 Deputy clerk 
 
 File clerk 
 
 Minute clerk to Judge Carpenter. 
 
 Do 
 
 Clerical assistant 
 
 Do 
 
 Stenographer 
 
 Messenger 
 
 Deputy clerk 
 
 Chicago . . 
 
 do... 
 
 do... 
 
 do... 
 
 do... 
 
 do... 
 
 do... 
 
 do... 
 
 do... 
 
 do... 
 
 do... 
 
 do... 
 
 do... 
 
 do... 
 
 do... 
 
 Freeport . 
 
 $2, 200 
 2,000 
 1,800 
 1,700 
 1,200 
 1,200 
 1,200 
 2,200 
 1,700 
 1,600 
 1,600 
 1,200 
 1,200 
 1,200 
 480 
 600 
 
 ILLINOIS, SOUTHERN. 
 
 Deputy clerk 
 
 
 SI, 800 
 
 Do 
 
 
 1,200 
 
 
 
 
 ILLINOIS, EASTERN. 
 
 Deputy clerk 
 
 
 SI, 800 
 
 Do 
 
 do 
 
 900 
 
 Stenographer 
 
 do 
 
 720 
 
 
 
 
COMPENSATION" FOR CLERKS OF UNITED STATES COURTS. 45 
 
 Statement showing the amount of compensation allowed the deputy clerks and clerical 
 assistants employed by the clerks of the United States district courts during the calendar 
 year 1912 — Continued. 
 
 INDIANA. 
 
 
 Location. 
 
 Per 
 
 annum. 
 
 
 
 
 §2,000 
 1 600 
 
 Do 
 
 do 
 
 Do 
 
 do 
 
 728 
 
 Do 
 
 .do 
 
 
 Do 
 
 do 
 
 520 
 
 Do 
 
 do 
 
 200 
 
 Do 
 
 Evansville 
 
 C 1 ) 
 
 ( 2 ) 
 ( 8 ) 
 (*) 
 
 Do 
 
 
 Do 
 
 Fort Wayne 
 
 Do 
 
 
 
 
 
 IOWA, SOUTHERN. 
 
 
 Deputy clerk 
 
 Des Moines, not to exceed 
 
 $900 
 900 
 
 Do 
 
 do 
 
 Do 
 
 
 300 
 
 Do 
 
 
 540 
 
 Do 
 
 
 240 
 
 Do 
 
 
 240 
 
 Do 
 
 
 720 
 
 
 
 
 KANSAS. 
 
 Deputy clerk 
 
 Clerical assistant . 
 
 Do 
 
 Deputy clerk 
 Clerical assistant . 
 
 Do 
 
 Deputy clerk *... 
 
 Topeka 
 
 do 
 
 ....do 
 
 Wichita, not exceeding. . . 
 
 do 
 
 do 
 
 Fort Scott, not exceeding. 
 
 $1,800 
 
 1,200 
 
 600 
 
 2,100 
 
 900 
 
 780 
 
 2,000 
 
 KENTUCKY, EASTERN. 
 
 Deputy clerk 
 Clerical assistant. 
 
 Deputy clerk 
 
 Do 
 
 Do. 
 Do. 
 Do. 
 Do. 
 
 Frankfort 
 
 do 
 
 Richmond. . 
 Covington. . . 
 
 do 
 
 Catlettsburg . 
 
 London 
 
 Jackson 
 
 $1,800 
 600 
 1,200 
 1,600 
 900 
 1,600 
 1,500 
 1.200 
 
 KENTUCKY, WESTERN. 
 
 Deputy clerk 
 
 Stenographer and bookkeeper. 
 
 Clerical assistant 
 
 Deputy clerk 
 
 Do 
 
 Do 
 
 Louisville 
 
 do 
 
 do 
 
 Paducah 
 
 Owensboro 
 
 Bowling Green. 
 
 $2. 000 
 900 
 600 
 1,500 
 900 
 300 
 
 LOUISIANA, EASTERN. 
 
 Deputy clerk 
 
 Do 
 
 Do 
 
 Do 
 
 Clerical assistant . 
 
 Do 
 
 Messenger 
 
 Copyist 
 
 Deputy clerk & . . . 
 
 New Orleans. 
 
 do 
 
 do 
 
 do 
 
 do 
 
 do 
 
 do 
 
 do 
 
 Baton Rouge . 
 
 $1,700 
 1,700 
 1,700 
 960 
 840 
 780 
 600 
 480 
 600 
 
 1 Allowed earnings of the office at that place not to exceed $500 per annum. 
 
 2 Allowed earnings of the office at that place not to exceed $400 per annum. 
 
 3 Allowed earnings of the office at that place not to exceed $600 per annum. 
 
 4 Is to pay for any assistance at that place from the $2,000 allowed. 
 6 Additional clerical assistance when necessary, $300 per annum. 
 
46 
 
 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 Statement showing the amount of compensation allowed the deputy clerics and clerical 
 assistants employed by the clerks of the United States district courts during the calendar 
 year 1912 — Continued. 
 
 LOUISIANA, WESTERN. 
 
 
 Location. 
 
 Per 
 
 annum. 
 
 
 Shreveport 
 
 $1,200 
 
 Do 
 
 do 
 
 1,200 
 
 
 do 
 
 480 
 
 
 
 25 
 
 Do 
 
 
 30 
 
 Do 
 
 
 40 
 
 
 
 
 MAINE. 
 
 Deputy clerk 
 
 Clerical assistant. 
 
 Portland. 
 do... 
 
 MARYLAND. 
 
 Deputy clerk 
 
 Clerical assistant . 
 
 Do 
 
 Deputy clerk 
 
 Baltimore. . . 
 
 do 
 
 do 
 
 Cumberland . 
 
 MASSACHUSETTS. 
 
 
 
 $2, 500 
 
 Do 
 
 do 
 
 2,200 
 
 Do 
 
 do 
 
 2,000 
 
 Do 
 
 do 
 
 1,800 
 
 Do...;.. 
 
 do 
 
 1,200 
 
 
 do i 
 
 1,100 
 
 Do 
 
 do 
 
 1,100 
 
 Do.... 
 
 do 
 
 1,000 
 
 Do. . 
 
 do 
 
 1,000 
 
 Do 
 
 do 
 
 900 
 
 Do. .. 
 
 ....do 
 
 600 
 
 Do. 
 
 ....do 
 
 000 
 
 Do 
 
 do 
 
 360 
 
 
 
 500 
 
 
 
 
 MICHIGAN, EASTERN. 
 
 Deputy clerk 
 
 Do 
 
 Stenographer 
 
 Stenographer for six months 
 
 Detroit 
 
 Bay City 
 
 Detroit 
 
 Detroit, at rate of 
 
 MICHIGAN, WESTERN. 
 
 Deputy clerk. 
 
 Do 
 
 Do 
 
 Grand Rapids. 
 do 
 
 Marquette 
 
 MINNESOTA. 
 
 Deputy clerk. 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do.2 
 
 Do 
 
 Do 
 
 St. Paul 
 
 ....do 
 
 Minneapolis, not exceeding.. 
 
 dO : 
 
 Duluth, not exceeding 
 
 ....do 
 
 Fergus Falls, not exceeding. 
 
 Winona, not exceeding 
 
 Mankato, not exceeding 
 
 1 Not to exceed $600 per annum from fees earned at that place; also allowed one-half of the amount earned 
 in excess of $600, but not more than $1,000 per annum. 
 
 2 When earnings decrease at Fergus Falls, allowance is to be reduced accordingly. 
 
COMPENSATION" FOR CLERKS OF UNITED STATES COUETS. 
 
 47 
 
 Statement showing the amount of compensation allowed the deputy clerks and clerical 
 . assistants employed by the clerks of the United States district courts during the calendar 
 year 1912 — Continued. 
 
 MISSISSIPPI, NORTHERN. 
 
 
 Location. 
 
 Per 
 annum. 
 
 
 Oxford 
 
 SI, 200 
 
 Do 
 
 
 600 
 
 
 
 
 MISSISSIPPI, SOUTHERN. 
 
 Deputy clerk 
 
 Do 
 
 Do 
 
 Do 
 
 Jackson . . . 
 Meridian. . 
 
 Biloxi 
 
 Vicksburg 
 
 SI, 200 
 M 
 (') 
 ( l ) 
 
 MISSOURI, EASTERN. 
 
 
 
 $2,500 
 1,500 
 
 
 do 
 
 Do 
 
 do 
 
 1,200 
 
 Do 
 
 do 
 
 1,080 
 900 
 
 
 do 
 
 
 
 1,200 
 
 
 
 
 MISSOURI, WESTERN. 
 
 Deputy clerk. 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Chief deputy clerk . 
 
 Deputy clerk 
 
 Stenographer 
 
 Deputy clerk 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Kansas City . . 
 
 do 
 
 do 
 
 Springfield 
 
 St. Joseph 
 
 Jefferson City . 
 Joplin 
 
 Omaha 
 
 do 
 
 do 
 
 Lincoln 
 
 do 
 
 Hastings 
 
 McCook 
 
 Chadron 
 
 North Platte. 
 Grand Island . 
 Norfolk 
 
 $1,800 
 1,300 
 1,300 
 1,600 
 1,600 
 900 
 1,200 
 
 MONTANA. 
 
 
 Helena $2, 000 
 
 Do 
 
 Butte 1, 400 
 
 
 
 NEBRASKA. 
 
 $2,000 
 
 1,200 
 
 900 
 
 1,440 
 
 1,200 
 
 ( 2 ) 
 
 ( 2 ) 
 
 ( 2 ) 
 
 p) 
 
 ( 2 ) 
 ( 2 ) 
 
 NEVADA. 
 
 
 
 $1, 440 
 
 
 
 
 NEW HAMPSHIRE. 
 
 
 
 «S6.50 
 
 
 
 
 1 Allowed one-half earnings at that place not exceeding $1,500. 
 
 2 To be allowed as compensation the fees earned at that place up to S480 per annum, but in any event $120 
 per annum. 
 
 3 Additional clerical assistance in emergencies not exceeding $300 per annum. 
 * Per week. 
 
48 
 
 COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 
 
 Statement showing the amount of compensation allowed the deputy clerks and clerical 
 assistants employed by the clerks of the United States district courts during the calendar 
 year 1912 — Continued. 
 
 NEW JERSEY. 
 
 
 Location. 
 
 Per 
 annum. 
 
 Deputy clerk 
 
 Trenton 
 
 $2 200 
 
 Do 
 
 do 
 
 2,200 
 
 1,600 
 
 1,600 
 
 840 
 
 
 do 
 
 Do 
 
 do 
 
 Do 
 
 do 
 
 Do 
 
 do 
 
 780 
 
 Do 
 
 do 
 
 720 
 
 Do 
 
 do 
 
 600 
 
 Do 
 
 do 
 
 600 
 
 
 
 
 neav yore:, northern. 
 
 Deputy clerk . 
 Stenographer. 
 File clerk 
 
 Utica. . 
 
 do. 
 
 ....do. 
 
 $2,000 
 
 1,200 
 
 600 
 
 NEW YORK. SOUTHERN. 
 
 
 
 $2,500 
 
 Do 
 
 do.. 
 
 2,100 
 
 
 do 
 
 1,800 
 
 
 do 
 
 1,600 
 
 
 do 
 
 2,000 
 
 Do 
 
 do 
 
 1,400 
 
 
 do 
 
 1,400 
 
 
 do 
 
 1,200 
 
 
 do 
 
 1,200 
 1,400 
 1,200 
 
 
 ....do 
 
 
 do 
 
 
 do 
 
 1,200 
 
 Do 
 
 do 
 
 1,200 
 
 
 do 
 
 600 
 
 
 do 
 
 1,400 
 
 
 do 
 
 1,200 
 
 
 
 
 NEW YORK, EASTERN. 
 
 Deputy clerk Brooklyn . 
 
 Do do 
 
 Clerical assistant . 
 Do 
 
 .do. 
 .do. 
 
 $2,200 
 
 2,100 
 
 1,000 
 
 900 
 
 NEW YORK, WESTERN. 
 
 Deputy clerk Buffalo . 
 
 Stenographer do.. 
 
 Clerical assistant do . . 
 
 Do do.. 
 
 $1,200 
 960 
 960 
 650 
 
 NORTH CAROLINA, EASTERN. 
 
 Deputy clerk. 
 Stenographer. 
 Deputy clerk . 
 
 Do 
 
 Do 
 
 Do 
 
 Raleigh 
 
 ...do 
 
 Newbern 
 
 Elizabeth City. 
 
 Washington 
 
 Wilmington 
 
 $1,600 
 720 
 0) 
 ( 2 ) 
 ( 2 ) 
 2,000 
 
 1 Allowed the earnings of the office at that place, not to exceed 81,200. 
 
 2 Allowed the earnings of the office at that place, not to exceed $1,000. 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 49 
 
 Statement showing the amount of compensation allowed the deputy clerics and clerical 
 assistants employed by the clerics of the United States district courts during the calendar 
 year 1912 — Continued. 
 
 NORTH CAROLINA, WESTERN. 
 
 Location. 
 
 Per 
 annum. 
 
 Deputy clerk » 
 
 Do 
 
 Do' 
 
 Do 
 
 Do 
 
 Do 
 
 Statesville. . 
 
 ....do 
 
 Asheville. . . 
 
 ...do 
 
 Wilkesboro. 
 Greensboro. 
 
 §2,200 
 
 900 
 
 2,200 
 
 900 
 
 800 
 
 1,500 
 
 NORTH DAKOTA. 
 
 Deputy clerk 
 
 Do 
 
 
 SI, 400 
 300 
 
 
 Do 
 
 
 200 
 
 Do 
 
 
 500 
 
 Do 
 
 Minot 
 
 500 
 
 OHIO, NORTHERN. 
 
 Deputy clerk 
 
 Do 
 
 
 §2,200 
 1,800 
 
 do 
 
 go................................. 
 
 do 
 
 % 1,200 
 
 do 
 
 do 
 
 1,200 
 900 
 
 Do .. 
 
 do 
 
 800 
 
 Do 
 
 Deputy clerk 
 
 Do 
 
 do 
 
 Toledo 
 
 do 
 
 do 
 
 600 
 2,000 
 1,500 
 
 720 
 
 
 
 
 OHIO, SOUTHERN. 
 
 Chief deputy clerk . 
 Deputy clerk 
 
 Do 
 
 Journal clerk 
 
 Clerical assistant . . . 
 Stenographer 
 
 Do 
 
 Cincinnati. 
 Columbus. 
 Cincinnati. 
 
 do 
 
 do 
 
 do 
 
 Columbus. 
 
 $1,900 
 
 1,600 
 
 1,000 
 
 1,000 
 
 720 
 
 600 
 
 500 
 
 OKLAHOMA, EASTERN. 
 
 Deputy clerk ; Muskogee. 
 
 Do do 
 
 Do do 
 
 Do do 
 
 SI, 800 
 1,800 
 1,700 
 1,200 
 
 OKLAHOMA, WESTERN. 
 
 Deputy clerk 
 
 
 SI, 800 
 
 Do 
 
 Do 
 
 do 
 
 .do.... 
 
 1,800 
 1,500 
 
 Do 
 
 
 600 
 
 Stenographer 
 
 Guthrie 
 
 900 
 
 
 
 
 OREGON. 
 
 Deputy clerk 
 
 
 S2,100 
 1,800 
 
 Do 
 
 do 
 
 Do 
 
 .do.... 
 
 1,200 
 
 Do 
 
 
 150 
 
 Do... 
 
 
 150 
 
 
 
 
 1 Deputies at Statesville and Asheville also act in like capacity at Charlotte and Salisbury. 
 H. Rept. 425, 62-2 4 
 
50 
 
 COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 
 
 Statement showing the amount of compensation allowed the deputy clerks and clerical 
 assistants employed by the clerks of the United States district courts during the calendar 
 year 1912 — Continued . 
 
 PENNSYLVANIA, EASTERN. 
 
 
 Location. 
 
 Per 
 annum. 
 
 Deputy clerk 
 
 
 $2,200 
 2,000 
 
 Do 
 
 do 
 
 Do 
 
 do 
 
 Do 
 
 do 
 
 
 Do 
 
 do 
 
 
 Stenographer 
 
 do 
 
 
 Stenographer and clerical assistant 
 
 do 
 
 
 
 
 
 PENNSYLVANIA, MIDDLE. 
 
 Chief deputy clerk . 
 
 Deputy clerk 
 
 Stenographer 
 
 Deputy clerk 
 
 Scran ton. 
 
 do... 
 
 do... 
 
 do... 
 
 $1,800 
 
 600 
 600 
 
 Note. — There will be a deputy clerk at Harrisburg, but the matter of fixing his compensation is held 
 in abeyance, awaiting a recommendation from the clerk as to the amount to be allowed at that place. 
 
 PENNSYLVANIA, WESTERN. 
 
 Deputy clerk . 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Pittsburgh. 
 
 do 
 
 do 
 
 do 
 
 do 
 
 do 
 
 do 
 
 do 
 
 $2,000 
 1,800 
 1,500 
 960 
 960 
 900 
 100 
 960 
 
 RHODE ISLAND. 
 
 Deputy clerk 
 
 Additional clerical assistance, when 
 necessary. 
 
 
 $720 
 
 do 
 
 280 
 
 
 
 SOUTH CAROLINA. 
 
 
 
 $1,800 
 
 Do 
 
 do 
 
 1,200 
 
 Do. 
 
 
 200 
 
 
 
 
 TENNESSEE, MIDDLE. 
 
 
 
 $1,800 
 
 
 do 
 
 900 
 
 Do. 
 
 ...do ... 
 
 600 
 
 
 
 
 TENNESSEE, WESTERN. 
 
 
 
 $1,500 
 
 Do 
 
 .do 
 
 1,000 
 
 Do 
 
 
 100 
 
 
 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 51 
 
 Statement showing the amount of compensation allowed by the deputy clerks and clerical 
 assistants employed by the clerks of the United States district courts during the calendar 
 year 1912 — Continued. 
 
 TEXAS, NORTHERN. 
 
 
 Location. 
 
 Per 
 annum. 
 
 
 
 $1,380 
 
 Do 
 
 
 1,200 
 
 Do 
 
 
 300 
 
 Do 
 
 
 0) 
 
 Do 
 
 
 ( 2 ) 
 
 
 
 
 TEXAS, SOUTHERN. 
 
 Deputy clerk 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Houston 
 
 Galveston . . 
 
 Laredo 
 
 Brownsville 
 Victoria 
 
 $2, 000 
 
 1,200 
 
 1,000 
 
 1,000 
 
 500 
 
 TEXAS, EASTERN. 
 
 Deputy clerk 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Texarkana. 
 
 Paris 
 
 Jefferson . . . 
 Tyler 
 
 Sherman . . . 
 Beaumont. 
 
 1 
 
 ( 3 ) 
 ( 4 ) 
 («) 
 ( 4 ) 
 ( s ) 
 (•) 
 
 VERMONT. 
 
 
 Rutland 
 
 Per week. 
 $12 
 
 Do 
 
 do 
 
 S 
 
 
 
 
 VIRGINIA, EASTERN. 
 
 
 Norfolk 
 
 Per 
 annum. 
 $2,500 
 1,200 
 
 Do 
 
 do 
 
 Do 
 
 
 1,500 
 
 
 do 
 
 600 
 
 
 
 300 
 
 
 do 
 
 120 
 
 
 
 
 VIRGINIA, WESTERN. 
 
 Deputy clerk 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Abingdon, not exceeding 
 
 Big Stone Gap, not exceeding 
 
 Danville, not exceeding 
 
 Roanoke, not exceeding 
 
 Lynchburg, not exceeding 
 
 Charlottesville 
 
 Harrisburg 
 
 $1,400 
 1,400 
 1,200 
 1,200 
 1,000 
 
 (') 
 
 (?) 
 
 1 Allowed two-thirds earnings of the office at that place, not to exceed $1,000 per annum. 
 
 2 Allowed earnings of the office at that place, not to exceed $300 per annum. 
 
 3 Allowed two-thirds of the earnings of the office at that place, not to exceed $1,000 per annum. 
 
 4 Allowed two-thirds of the earnings of the office at that place, not to exceed $1,500 per annum. 
 8 Allowed not exceeding $1,400 per annum to be paid from the earnings of the district. 
 
 « Allowed two-thirds of the earnings of the office at that place, not to exceed $1,800 per annum. 
 7 Allowed earnings of office at that place, not exceeding $500 per annum. 
 
52 
 
 COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 
 
 Statement showing the amount of compensation allowed the deputy clerics and clerical 
 assistants employed by the clerics of the United States district courts during the calendar 
 year 1912 — Continued. 
 
 WASHINGTON, EASTERN. 
 
 Location. 
 
 Per 
 annum. 
 
 Deputy clerk. 
 
 Do 
 
 Do 
 
 Do 
 
 Spokane 
 
 do 
 
 North Yakima. 
 Walla Walla . . . 
 
 S2, 000 
 900 
 600 
 600 
 
 WASHINGTON, WESTERN. 
 
 Chief deputy clerk. 
 
 Deputy clerk 
 
 Stenographer 
 
 Do 
 
 Chief deputy 
 
 Deputy clerk 
 
 Stenographer 
 
 Deputy clerk 
 
 Seattle 
 
 do 
 
 do 
 
 do 
 
 Tacoma 
 
 do 
 
 do 
 
 Bellingham. 
 
 82, 100 
 1,500 
 1,400 
 1,200 
 1,800 
 1,600 
 1,200 
 300 
 
 •WEST VIRGINIA, NORTHERN. i 
 
 Deputy cleric 
 
 Do 
 
 Do 
 
 Do 
 
 Do 
 
 Philippi 
 
 Clarksburg . . 
 Parkersburg 
 Wheeling... 
 Martinsburg 
 
 $2, 200 
 
 2,000 
 
 1,100 
 
 1,300 
 
 600 
 
 WEST VIRGINIA, SOUTHERN.* 
 
 
 
 $1,200 
 
 Do 
 
 
 720 
 
 Do 
 
 Bluefield 
 
 720 
 
 
 
 
 
 WISCONSIN, EASTERN. 
 
 
 Deputy clerk 
 
 
 
 SI, 500 
 
 .do .. 
 
 720 
 
 
 
 WISCONSIN, WESTERN. 
 
 
 
 SI, 200 
 
 
 ...do 
 
 600 
 
 
 
 1,000 
 
 Do 
 
 
 1,000 
 
 
 
 
 i Additional clerical assistance when necessary, $500 per annum. 
 
 2 There will be a deputy clerk at Lewisburg, but the matter of fixing his compensation is held in abey- 
 ance awaiting a recommendation from the clerk as to the amount to be allowed at that place. 
 
 The information as to the compensation of the deputy clerks and 
 clerical assistants employed by the clerks of the district courts in the 
 following-named districts is not furnished for the reason that the appli- 
 cations of said clerks for the desired authority have not as yet been 
 received, although their recommendations in the matter have been 
 requested: Western Arkansas, southern district California, district of 
 Colorado, district of Connecticut, district of Delaware, district of 
 Idaho, northern district of Iowa, district of South Dakota, eastern 
 district of Tennessee, western district of Texas, district of Utah, and 
 district of Wyoming. 
 
COMPENSATION" FOE CLERKS OF UNITED STATES COURTS. 
 
 53 
 
 As the Territories o c Arizona and New Mexico have just recently 
 been admitted to statehood, the matter of fixing the compensation 
 of deputy clerks and clerical assistants to be employed in said districts 
 can not be taken up until the clerks for the respective districts are 
 appointed. Heretofore there have been separate clerks of the district 
 courts in these districts, and no authority for the payment of com- 
 pensation to deputy clerks or clerical assistants was granted. 
 
 The information as to the compensation of the deputy clerks and 
 clerical assistants employed by the clerks of the district courts in the 
 following-named districts is not furnished for the reason that the 
 applications of said clerks for the desired authority have not as yet 
 been received, although their recommendations in the matter have 
 been requested: Western Arkansas, southern district of California, 
 district of Colorado, district of Connecticut, district of Delaware, 
 district of Idaho, northern district of Iowa, district of South 
 Dakota, eastern district of Tennessee, western district of Texas, 
 district of Utah, and district of Wyoming. 
 
 As the Territories of Arizona and New Mexico have just recently 
 been admitted to statehood, the matter of fixing the compensation 
 of deputy clerks and clerical assistants to be employed in the districts 
 of Arizona and New Mexico can not be taken up until the clerks of the 
 United States district courts are appointed. | 
 
 The Chairman. And I wanted you also, Mr. Keatley, to put in a 
 statement showing what is allowed the marshals in all these districts. 
 
 Mr. Keatlby. I think that is in the record — in the tabulation — 
 that it has already been put in, but I find that I am mistaken. 
 
 The Chairman. Let it be put in here. 
 
 The statement referred to is as follows : 
 
 Appendix G. 
 
 Tabulation in re salaries for clerks United States district courts. 
 
 State. 
 
 District. 
 
 Number 
 places 
 court 
 held. 
 
 7 
 2 
 2 
 
 Salary, 
 attorney. 
 
 Salary, 
 marshal. 
 
 Annual 
 
 average 
 
 fees, clerk. 
 
 Suggested 
 salary, 
 clerk. 
 
 
 Northern 
 
 $4,000.00 
 3,000.00 
 4,000.00 
 4,000.00 
 4,000.00 
 5,000.00 
 4,500.00 
 4.000.00 
 4,000.00 
 2, 500. 00 
 2,000.00 
 3,500.00 
 3,500.00 
 5,000.00 
 3,500.00 
 4,000.00 
 
 10,000.00 
 5,000.00 
 5,000.00 
 5,000.00 
 4,500.00 
 4,500.00 
 4,500.00 
 5,000.00 
 5, 000. 00 
 3,500.00 
 2,500.00 
 3,000.00 
 4,000.00 
 
 $4,000.00 
 3,000.00 
 4,000.00 
 4,000.00 
 4,000.00 
 5,000.00 
 4,000.00 
 4,000 00 
 4,000.00 
 2,000.00 
 2, 000. 00 
 3,000.00 
 3,000.00 
 5,000.00 
 3.500.00 
 4.0CO.O0 
 5.00C. 00 
 4,500.00 
 4.500.00 
 4,500.00 
 4,000.00 
 4,000.00 
 4,000.00 
 5,000.00 
 5,000.00 
 4, 000. 00 
 2,500.00 
 3,000.00 
 3,500.00 
 
 $20,000. S7 
 6. 667. 90 
 6,086.29 
 
 $5,000.00 
 
 
 
 3,0Q0.00 
 
 
 Middle 
 
 4,000.00 
 
 Arkansas 
 
 Eastern 
 
 4 
 3 
 3 
 3 
 3 
 2 
 1 
 4 
 6 
 4 
 5 
 4 
 
 I 
 
 5 
 
 5 
 6 
 5 
 6 
 4 
 o 
 
 5 
 3 
 2 
 
 11,542.81 
 
 8, 920. 65 
 
 25,663.43 
 
 21, 0*6. 32 
 
 14,267.20 
 
 6, 644. 71 
 
 4, 128. 59 
 
 6,204.42 
 
 9,427.01 
 
 21,384.23 
 
 11,294.23 
 
 8.770.17 
 
 47.590.30 
 
 9,829.97 
 
 9,166.21 
 
 15,604.39 
 
 7,535.45 
 
 10,926.89 
 
 18,253.52 
 
 17,052.21 
 
 15,016.46 
 
 20,881.81 
 
 8,365.30 
 
 11,061.58 
 
 8,869.67 
 
 4,500.00 
 3.500.00 
 
 
 
 5,000.00 
 
 Delaware 
 
 Florida 
 
 Southern 
 
 Northern 
 
 Southern 
 
 5,000.00 
 5,000.00 
 3,000.00 
 2,500.00 
 4,000.00 
 4.500.00 
 5.000.00 
 
 
 Southern 
 
 4.500.00 
 4.000.00 
 
 Illinois 
 
 Southern 
 
 Eastern 
 
 5,000.00 
 4,500.00 
 4,500.00 
 5,000.00 
 
 Iowa 
 
 Northern , 
 
 Southern 
 
 4,500.00 
 5,000.00 
 5,000.00 
 
 
 Eastern 
 
 5,000.00 
 
 
 5. 000. 00 
 
 
 Eastern 
 
 5,000.00 
 
 
 4, 000. 00 
 
 
 
 5,000.00 
 
 Maryland 
 
 
 4, 000. 00 
 
54 COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 
 
 Tabulation in re salaries for clerks United States district courts — Continued. 
 
 States. 
 
 Massachusetts. 
 Michigan 
 
 Minnesota 
 
 Mississippi 
 
 Missouri 
 
 Montana 
 
 Nebraska 
 
 Nevada 
 
 New Hampshire . 
 
 New Jersey 
 
 New Mexico 
 
 New York 
 
 North Carolina. 
 
 North Dakota. 
 Ohio 
 
 Oklahoma. 
 
 Oregon 
 
 Pennsylvania . 
 
 Rhode Island . . 
 South Carolina. 
 South Dakota. . 
 Tennessee 
 
 Texas. 
 
 Utah 
 
 Vermont. 
 Virginia. . 
 
 Washington... 
 West Virginia. 
 
 Wisconsin 
 
 Wyoming 
 
 District. 
 
 Eastern. 
 Western. 
 
 Northern. 
 Southern. 
 Eastern.. 
 AVestern.. 
 
 Northern. 
 Southern. 
 Eastern.. 
 Western. . 
 Eastern.. 
 Western. . 
 
 Northern. 
 Southern. 
 Eastern. . 
 Western.. 
 
 Eastern. 
 Middle.. 
 Western. 
 
 Eastern.. 
 Middle... 
 Western.. 
 Northern. 
 Southern. 
 Eastern.. 
 Western.. 
 
 Eastern . . 
 Western.. 
 Eastern.. 
 Western. . 
 Northern. 
 Southern. 
 Eastern.. 
 Western . 
 
 Number 
 
 court 
 held. 
 
 Salary, 
 attorney. 
 
 $5,000.00 
 4, 000. 00 
 3, 500. 00 
 4, 000. 00 
 3, 500. 00 
 3, 500. 00 
 4, 500. 00 
 4,500.00 
 4, 000. 00 
 4, 000. 00 
 3, 000. 00 
 2, 000. 00 
 3,000.00 
 4, 000. 00 
 4, 500. 00 
 
 10, 000. 00 
 4, 500. 00 
 4, 500. 00 
 4, 000. 00 
 4, 500. 00 
 4,000.00 
 4,500.00 
 4, 500. 00 
 4, 000. 00 
 4, 000. 00 
 4, 500. 00 
 6, 000. 00 
 4,500.00 
 4, 500. 00 
 2,500.00 
 4, 500. 00 
 4, 000. 00 
 4, 500. 00 
 4,500.00 
 4, 500. 00 
 4,000.00 
 4,000.00 
 4, 000. 00 
 4,000.00 
 4,000.00 
 3,000.00 
 4; 000. 00 
 4, 500. 00 
 4,500.00 
 4,500.00 
 4, 500. 00 
 4, 500. 00 
 4,000.00 
 4, 000. 00 
 4,000.00 
 
 Salary, 
 marshal. 
 
 $5,000.00 
 4, 000. 00 
 3,000.00 
 4. 000. 00 
 3, 000. 00 
 3, 000. 00 
 4,000.00 
 4, 000. 00 
 3, 500. 00 
 4, 000. 00 
 2, 500. 00 
 2,000.00 
 3, 000. 00 
 4, 000. 00 
 5, 000. 00 
 5, 000. 00 
 4, 000. 00 
 5, 000. 00 
 4, 000. 00 
 4, 500. 00 
 4, 000. 00 
 4, 000. 00 
 4, 000. 00 
 4, 000. 00 
 4, 000. 00 
 4,000.00 
 4, 000. 00 
 4, 000. 00 
 4, 000. 00 
 2, 000. 00 
 4, 500. 00 
 4, 000. 00 
 4, 000. 00 
 4, 000. 00 
 4, 000. 00 
 4,000.00 
 4,000.00 
 4,000.00 
 4,000.00 
 3, 500. 00 
 2, 500. 00 
 3, 500. 00 
 4,000.00 
 4,000.00 
 4,000.00 
 4.000.00 
 4,000.00 
 4,000.00 
 4,000.00 
 3, 500. 00 
 
 Annual 
 
 average 
 
 fees, clerk. 
 
 830,531.35 
 
 8,742.17 
 
 8, 202. 09 
 
 24,215.53 
 
 7, 436. 84 
 
 11,743.30 
 
 IS, 677. 88 
 
 20; 967. 86 
 
 13,680.26 
 
 18, 379. 48 
 
 5,712.36 
 
 3,999.38 
 
 28, 249. 86 
 
 9, 833. 44 
 
 57, 037. 03 
 
 16, 896. 54 
 
 10,376.24 
 
 10,662.68 
 
 15, 660. 59 
 
 9, 713. 98 
 
 27,242.43 
 
 17, 045. 59 
 
 14,210.28 
 
 13,067.97 
 
 21,605.30 
 
 22,523.63 
 
 10, 685. 05 
 
 20.307.35 
 
 3', 797. 92 
 
 7,873.51 
 
 10, 032. 56 
 
 9, 766. 15 
 
 7, 378. 28 
 
 11,544.39 
 
 10, 635. 28 
 
 9,348.58 
 
 8, 907. 63 
 
 9, 272. 50 
 
 5, 131. 58 
 
 4,231.12 
 
 13, 258. 79 
 
 12,077.03 
 
 13,428.06 
 
 30,072.85 
 
 13,873.03 
 
 7,901.42 
 
 6,580.05 
 
 6,991.40 
 
 6,918.66 
 
 Suggested 
 salary, 
 clerk. 
 
 $5,000.00 
 4,000.00 
 4, 000. 00 
 5, 000. 00 
 4, 000. 00' 
 4, 500. 00 
 5. 000. 00 
 5, 000. 00 
 5, 000. 00- 
 5,000.00 
 3, 000. 00 
 2, 500. 00 
 5,000.00 
 
 5, 000. 00 
 5, 000. 00 
 5, 000. 00 
 5, 000. 00 
 4, 000. 00 
 4,500.00 
 5,000.00 
 5,000.00 
 5, 000. 00 
 4, 500. 00 
 4, 500. 00 
 5.000.00 
 5, 000. 00 
 4. 500. 00 
 5; 000. 00 
 2,500.00 
 4, 500. 00 
 4,500.00 
 4, 000. 00 
 3,500.00 
 4, 000. 00 
 5,000.00 
 5,000.00 
 5,000.00 
 5,000.00 
 3,500.00 
 2, 500. 00 
 4, 500. 00 
 4, 500. 00 
 4, 500. 00 
 5,000.00 
 5,000.00 
 5,000.00 
 4, 000. 00 
 4,000.00 
 4,000.00 
 
 Additional data. 
 
 Total annual average fees of clerks, 1909, 1910, and 1911 $1, 068, 650. 56 
 
 Total annual average paid by United States, 1909, 1910, and 1911 311, 304. 40 
 
 Paid by individuals and corporations, annual average, 1909, 
 
 1910, and 1911 757, 346. 16 
 
 Salaries proposed 342,000.00 
 
 Balance paid into United States Treasury over and above sal- 
 aries of clerks, annually 415, 346. 16 
 
 The Chairman. Under this bill, as approved by the Attorney Gen- 
 eral, the amounts written therein approved by him — what is the 
 total amount of salaries allowed to these clerks — 79, I believe ? 
 
 Mr. Keatley. $337,000. 
 
 The Chairman. Now, to the district attorneys? 
 
 Mr. Keatley. It stands to-day at $333,000. 
 
 The Chairman. And to the marshals ? 
 
 Mr. Keatley. $304,000. 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 55 
 
 The Chairman. Now, what is the average salary allowed the dis- 
 trict attorney? 
 
 Mr. Keatley. $4,215.19. 
 
 The Chairman. What is the average salary allowed to clerks under 
 this bill? 
 
 Mr. Keatley. $4,265.82. 
 
 The Chairman. What is the average allowed to the marshal. 
 
 Mr. Keatley. $3,848.10. 
 
 The Chairman. Suppose now we take up this bill, each case, begin- 
 ning with the northern district of Alabama. 
 
 Mr. Dupre. Let me say this, without desiring to inflict my own 
 judgment on the committee. It is manifest to me that whatever 
 ground we go over to-day in the consideration of each particular dis- 
 trict will have to be covered again before the full committee, as I 
 have no doubt the other members will want to go over that ground. 
 It seems to me we would really be doing double work by taking it 
 up in subcommittee. 
 
 The Chairman. I recognize the force of that suggestion. What I 
 wanted to do was to get the judgment of this committee to-day, and 
 then it would come to the full committee and they could consider 
 it as a bill coming to them in the regular course next Thursday. It 
 occurred to me that if I introduced a bill at these figures I might be 
 subjected to criticism for doing that. 
 
 Mr. Norris. Would it relieve you, Mr. Chairman, if we passed a 
 motion asking you to do that? 
 
 The Chairman. I would be pleased to have the advice of the com- 
 mittee. 
 
 Mr. Norris. Unless you want to go into each one of these cases, I 
 make that motion. 
 
 The Chairman. I do not desire to keep the committee here to-day, 
 and I recognize the force of what Mr. Dupre has stated, that each 
 case ought to be taken up by the full committee. 
 
 Mr. Sterling. Of course, voting on Mr. Norris's motion does not 
 commit us to every particular item in this bill ? 
 
 The Chairman. Oh, no ; it just instructs me to introduce it. It 
 does not commit you or him to the particular amounts in this bill, 
 but it instructs me that it is the judgment of the subcommittee to in- 
 troduce this bill in order that it may come to the full committee for 
 consideraion. I am not bound by any particular amount; neither is 
 the committee. 
 
 I want to say that I thank you for coining here. You have been 
 enabled to get a grasp of the whole measure, of all the facts, and you 
 gentlemen who are here to-day can help now to give this informa- 
 tion to the other members of the committee when we meet next 
 Thursday. 
 
 Mr. Sterling. I think what Mr. Keatley has said should be printed 
 in the minutes. 
 
 The Chairman. Yes ; and I will also have most, if not all, this data 
 which has been presented to you in leaflet form incorporated into this 
 hearing so as to haA^e one document. 
 
 Mr. Sterling. Mr. Keatley, what is the general sentiment among 
 the clerks on the proposition? Do they favor salaries? 
 
 Mr. Keatley. Well, I am frank to say that at first, after the 
 passage of the judicial code, the sentiment among the clerks was in 
 
56 COMPENSATION FOE clekks of united states courts. 
 
 favor of an increase in our emoluments. Since then I have received 
 letters from every clerk in the United States, and there are only a 
 few who think we ought to remain on fees. The others think .this 
 is the right thing to do. 
 
 Mr. Sterling. It will reduce the salaries of a great many of them. 
 
 Mr. Keatley. That is very true; but still we are all American 
 citizens. There is great reform being made in the courts; I have 
 been expecting this action for 10 years, and it is legislation which to 
 my mind unquestionably ought to be passed. I think you ought to 
 give us fair living salaries commensurate with the work and responsi- 
 bilities of the position. 
 
 The Chairman. In talking this matter over with the Attorney 
 General he advanced the idea that it would relieve the Department 
 of Justice of a great deal of annoyance and sometimes embarrass- 
 ment in the matter of fixing compensation. Under the fee system 
 he is required to fix the amount of compensation allowed each clerk, 
 not exceeding a certain amount. I think he took that up generally 
 about once a year, and perhaps he dealt with it oftener. Senators 
 and Representatives might go down there and ask him to change it 
 in some particular case, just as in the case Mr. Higgins called to 
 the attention of the committee the other day of the clerk in his 
 State — the marshal, I believe it was — and just as in the case of the 
 marshal in Texas several years ago. Now, it is proper for the Attor- 
 ney General to want to put the responsibility upon Congress of fix- 
 ing this compensation. Congress assumed it in the case of the district 
 attorneys and marshals, and it should relieve his department of the 
 trouble and the burden of having to fix the compensation of these 
 clerks. 
 
 I will now put the motion made by Judge Norris. It is that the 
 chairman of the committee be, and he is hereby, requested by this 
 subcommittee to introduce the bill entitled "A bill relating to com- 
 pensation of clerks of United States district courts," which has been 
 submitted to the subcommittee to-day and which is here set out in 
 the record as follows : 
 
 Appendix H. 
 
 [II. R. 21220, Sixty-second Congress, second session.] 
 A BILL Relating to compensation of clerks of United States district courts. 
 
 Be it enacted by the Senate and House of Representatives of the United States 
 of America in Congress assembled, That on and after the first clay of July, nine- 
 teen hundred and twelve, all fees and emoluments authorized by law to be paid 
 to clerks of United States district courts shall be charged as heretofore, and 
 shall be collected, as far as possible, and by said clerks covered into the Treas- 
 ury of the United States ; and said clerks shall be paid for their official services 
 salaries and compensation hereinafter provided, and not otherwise : Provided. 
 That this section shall not be construed to require or authorize fees to be 
 charged against or collected from the United States. 
 
 Sec. 2. That the clerk of the United States district court for each of the fol- 
 lowing judicial districts of the United States shall be paid, in lieu of the sala- 
 ries, fees, per centums, and other compensations now allowed by law, an annual 
 salary, as follows: 
 
 For the northern district of the State of Alabama, five thousand dollars. 
 
 For the southern district of the State of Alabama, three thousand dollars. 
 
 For the middle district of the State of Alabama, three thousand five hundred 
 dollars. 
 
 For the district of the State of Arizona, three thousand dollars. 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 57 
 
 For the eastern district of the State of Arkansas, four thousand five hundred 
 dollars. 
 
 For the western district of the State of Arkansas, three thousand five hundred 
 dollars. 
 
 For the northern district of the State of California, five thousand dollars. 
 
 For the southern district of the State of California, five thousand dollars. 
 
 For the district of the State of Colorado, five thousand dollars. 
 
 For the district of the State of Connecticut, three thousand dollars. 
 
 For the district of the State of Delaware, two thousand five hundred dollars. 
 
 For the northern district of the State of Florida, three thousand dollars. 
 
 For the southern district of the State of Florida, four thousand five hundred 
 dollars. 
 
 For the northern district of the State of Georgia, five thousand dollars. 
 
 For the southern district of the State of Georgia, four thousand five hundred 
 dollars. 
 
 For the district of the State of Idaho, three thousand dollars. 
 
 For the northern district of the State of Illinois, five thousand dollars. 
 
 For the southern district of the State of Illinois, four thousand five hundred 
 dollars. 
 
 For the eastern district of the State of Illinois, four thousand five hundred 
 dollars. 
 
 For the district of the State of Indiana, five thousand dollars. 
 
 For the northern district of the State of Iowa three thousand five hundred 
 dollars. 
 
 For the southern district of the State of Iowa, five thousand dollars. 
 
 For the district of the State of Kansas, five thousand dollars. 
 
 For the eastern district of the State of Kentucky, five thousand dollars. 
 
 For the western district of the State of Kentucky, five thousand dollfcs. 
 
 For the eastern district of the State of Louisiana, five thousand dollars. 
 
 For the western district of the State of Louisiana, four thousand five hun- 
 dred dollars. 
 
 For the district of the State of Maine, five thousand dollars. 
 
 For the district of the State of Maryland, four thousand dollars. 
 
 For the district of the State of Massachusetts, five thousand dollars. 
 
 For the eastern district of the State of Michigan, four thousand dollars. 
 
 For the western district of the State of Michigan, four thousand dollars. 
 
 For the district of the State of Minnesota, five thousand dollars. 
 
 For the northern district of the State of Mississippi, four thousand dollars. 
 
 For the southern district of the State of Mississippi, four thousand five 
 hundred dollars. 
 
 For the eastern district of the State of Missouri, five thousand dollars. 
 
 For the western district of the State of Missouri, five thousand dollars. 
 
 For the district of the State of Montana, four thousand dollars. 
 
 For the district of the State of Nebraska, five thousand dollars. 
 
 For the district of the State of Nevada, two thousand five hundred dollars. 
 
 For the district of the State of New Hampshire, two thousand five hundred 
 dollars. 
 
 For the district of the State of New Jersey, five thousand dollars. 
 
 For the district of the State of New Mexico, three thousand dollars. 
 
 For the northern district of the State of New York, five thousand dollars. 
 
 For the southern district of the State of New York, five thousand dollars. 
 
 For the eastern district of the State of New York, five thousand dollars. 
 
 For the western district of the State of New York, five thousand dollars. 
 
 For the eastern district of the State of North Carolina, four thousand dollars. 
 
 For the western district of the State of North Carolina, four thousand five 
 hundred dollars. 
 
 For the district of the State of North Dakota, three thousand five hundred 
 dollars. 
 
 For the northern district of the State of Ohio, five thousand dollars. 
 
 For the southern district of the State of Ohio, five thousand dollars. 
 
 For the eastern district of the State of Oklahoma, four thousand dollars. 
 
 For the western district of the State of Oklahoma, 'four thousand five hundred 
 dollars. 
 
 For the district of the State of Oregon, five thousand dollars. 
 
 For the eastern district of the State of Pennsylvania, five thousand dollars. 
 
 For the middle district of the State of Pennsylvania, four thousand five hun- 
 dred dollars. 
 
58 COMPENSATION FOE CLEKKS OP UNITED STATES COURTS. 
 
 For the western district of the State of Pennsylvania, five thousand dollars. 
 
 For the district of the State of Rhode Island, two thousand five hundred 
 dollars. 
 
 For the district of the State of South Carolina, four thousand five hundred 
 dollars. 
 
 For the district of the State of South Dakota, four thousand five hundred 
 dollars. 
 
 For the eastern district of the State of Tennessee, four thousand dollars. 
 
 For the middle district of the State of Tennessee, three thousand five hundred 
 dollars. 
 
 For the western district of the State of Tennessee, four thousand dollars. 
 
 For the northern district of the State of Texas, four thousand five hundred 
 dollars. 
 
 For the southern district of the State of Texas, four thousand dollars. 
 
 For the eastern district of the State of Texas, four thousand dollars. 
 
 For the western district of the State of Texas, four thousand dollars. 
 
 For the district of the State of Utah, three thousand five hundred dollars. 
 
 For the district of the State of Vermont, two thousand five hundred dollars. 
 
 For the eastern district of the State of Virginia, five thousand dollars. 
 
 For the western district of the State of Virginia, five thousand dollars. 
 
 For the eastern district of the State of Washington, three thousand five hun- 
 dred dollars. 
 
 For the western district of the State of Washington, five thousand dollars. 
 
 For the northern district of the State of West Virginia, five thousand dollars. 
 
 For the southern district of the State of West Virginia, five thousand dollars. 
 
 For the eastern district of the State of Wisconsin, four thousand dollars. 
 
 For the western district of the State of Wisconsin, four thousand dollars. 
 
 For the district of the State of Wyoming, three thousand dollars. 
 
 Sec. 3. That the clerk of the district court, when attending court at any 
 place other than his official residence, and when otherwise necessarily absent 
 from his official residence on official business, shall be allowed his necessary 
 expenses for lodging and subsistence, not exceeding six dollars per day, and 
 his actual necessary traveling expenses. An account of such expenses shall be 
 made quarterly, in accordance with such rules and regulations as may be pre- 
 scribed by the Attorney General, and shall be verified on oath before any officer 
 authorized to administer oaths : Provided, That said account for expenses shall 
 have attached thereto the certificate of the district judge that the expenses 
 charged were incurred when attending court at a place other than the official 
 residence of the clerk or when otherwise necessarily absent from his official 
 residence on official business. The expense accounts of the clerks, when made 
 out and certified in accordance with this act, shall be paid by the marshal, who 
 shall make such return thereof as may be prescribed by the Attorney General. 
 
 Sec. 4. That the necessary office expenses of the clerks of the United States 
 District Courts shall be allowed when authorized by the Attorney General. 
 And when, in the opinion of the Attorney General, the public interest requires 
 it, he may, on the recommendation of the clerk, which recommendation shall 
 state the facts as distinguished from conclusions showing the necessity for the 
 same, allow the clerk to employ necessary deputies and clerical assistants 
 upon salaries to be fixed by the Attorney General from time to time and paid as 
 hereinafter provided. When any of such deputies or clerical assistants is 
 necessarily absent from the place of his regular employment on official busi- 
 ness, he shall be allowed his actual traveling expenses only, and his necessary 
 and actual expenses for lodging and subsistence not to exceed three dollars per 
 day. And he shall make and render accounts thereof quarterly, in accordance 
 with such rules and regulations as may be prescribed by the Attorney General, 
 and shall be verified on oath before any officer authorized to administer oaths : 
 Provided, That said account for expenses shall have attached thereto the cer- 
 tificate of the clerk that the expenses charged were incurred by the deputy or 
 clerical assistant, when necessarily absent from the place of his regular em- 
 ployment on official business. The expense accounts of the deputies or clerical 
 assistants, when made out and certified in accordance with this act, shall be 
 paid by the marshal, who shall make such return thereto as may be prescribed 
 by the Attorney General. 
 
 Sec. 5. That all salaries provided by this act shall be paid monthly by the 
 United States marsbals for the several districts under such regulations as may 
 be prescribed by the Attorney General. 
 
COMPENSATION" FOR CLERKS OE UNITED STATES COURTS. 
 
 59 
 
 Sec. 7. That clerks of United States district courts shall quarterly, on the 
 first days of January, April, July, and October of each year, or within twenty 
 days thereafter, make a return to the Attorney General, in such form as he 
 may prescribe, of all fees and emoluments collected by him during the preced- 
 ing quarter, and shall deposit the amount so reported to the credit of the 
 Treasurer of the United States in the manner provided by law. 
 
 Sec. 8. That any clerk of a United States district court whose compensation 
 is fixed by section two of this act, who shall directly or indirectly demand, 
 receive, or accept any compensation for the performance of any official service 
 as such clerk other than is herein provided, or shall willfully fail or neglect 
 to account for or pay over any fees or emoluments collected by him, shall, upon 
 conviction thereof, be punished by a fine of not less than fifty dollars nor more 
 than five hundred dollars, or by imprisonment, at the discretion of the court, 
 not exceeding five years, or by both such fine and imprisonment. 
 
 Sec. 9. That all sections of the Revised Statutes and all acts and portions of 
 acts inconsistent with this act are hereby repealed. 
 
 The motion was agreed to. 
 
 The Chairman. I might say to the committee that in accordance 
 with that request, which I regard as a direction, I shall introduce 
 this bill to-day and ask the full committee to take it up for consid- 
 eration at its next meeting on Thursday. I thank you for your at- 
 tendance to-day and for your help. 
 
 Thereupon, at 12.35 o'clock p. m., the subcommittee adjourned. 
 
 SALARIES FOR CLERKS OF UNITED STATES DISTRICT COURTS. 
 
 Comparative statement, in even hundreds, shewing net earnings for 1911, proposed salary 
 for clerk, compensation of deputies, and annual average gross receipts for 1909, 1910, 
 and 1911. 
 
 State. 
 
 ! 
 
 ! Net earn- 
 ings, 1911. 
 
 Salary, 
 clerk. 
 
 Salaries, 
 deputies. 
 
 Total of 
 clerk and 
 deputies. 
 
 Annual 
 average 
 
 gross 
 receipts. 
 
 Alabama: 
 
 Northern 
 
 Southern : . . . 
 
 Middle 
 
 i $7,000 
 
 3,400 
 3,300 
 
 $5,000 
 3,000 
 3,500 
 3,000 
 
 4,500 
 3,500 
 
 5,000 
 5,000 
 5,000 
 3,000 
 2,500 
 
 3,000 
 4,500 
 
 5,000 
 4,500 
 3,000 
 
 5,000 
 4,500 
 4,500 
 5,000 
 
 3,500 
 
 5,000 
 5,000 
 
 5,000 
 5,000 
 
 $7, 100 
 2.500 
 1,900 
 
 $12, 100 
 5,500 
 5,400 
 
 $20,000 
 6,600 
 6,000 
 
 Arkansas: 
 
 Eastern 
 
 Western 
 
 California: 
 
 Northern 
 
 7,000 
 
 ! 6,800 
 
 : 13,000 
 
 : 13,700 
 
 i 7,000 
 
 i 4, 900 
 
 ! 3,900 
 
 4, 900 
 ! 6,200 
 
 ! 7.000 
 
 | 4,400 
 
 5,600 
 5,600 
 
 10,300 
 
 10,500 
 9,100 
 
 15,300 
 
 11,500 
 8,900 
 
 25,000 
 21,000 
 14, 200 
 6,600 
 4,100 
 
 Colorado 
 
 Connecticut 
 
 16,500 
 • 1,500 
 
 11,500 
 4,500 
 
 Florida: 
 
 Northern 
 
 Southern 
 
 Georgia: 
 
 Northern 
 
 Southern 
 
 900 
 3,000 
 
 11,600 
 
 7,500 
 
 11,500 
 
 23,000 
 3,400 
 3,000 
 5,600 
 
 i 2, 100 
 3,800 
 9,300 
 
 10,400 
 6,200 
 
 3,900 
 8,100 
 
 16, 600 
 12,000 
 4,500 
 
 28, 000 
 7,900 
 7.500 
 
 10, 600 
 
 5,600 
 8,800 
 14,300 
 
 15,400 
 11,200 
 
 6,200 
 9,400 
 
 21,300 
 11,200 
 
 Idaho 
 
 ■ 7, 000 
 
 8,700 
 
 Illinois: 
 
 6,500 
 
 47,500 
 
 Southern 
 
 1 5,800 
 
 i 5,700 
 
 9,100 
 9,800 
 
 Indiana 
 
 7,000 
 
 15, 600 
 
 Iowa: 
 
 Northern 
 
 Southern 
 
 ' 4,800 
 
 1 7,000 
 
 7,500 
 10,900 
 
 Kentucky: 
 
 7,000 
 
 i 10, 100 
 
 18,200 
 17, 000 
 
 Western 
 
 1 10, 900 
 
 15, 000 
 
 i Estimated. 
 
60 COMPENSATION FOE CLERKS OF UNITED STATES COURTS. 
 
 SALARIES FOR CLERKS OP UNITED STATES DISTRICT COURTS — Continued. 
 
 Comparative statement, in even hundreds, showing net earnings for 1911, proposed salary 
 for clerk, compensation of deputies, and annual average gross receipts for 1909, 1910, 
 and 1911- — Continued. 
 
 State. 
 
 Net earn- 
 ings, 1911. 
 
 Salary, 
 clerk. 
 
 Salaries, 
 deputies. 
 
 Total of 
 clerk and 
 deputies. 
 
 Annual 
 average 
 
 gross 
 receipts. 
 
 Louisiana: 
 
 $7,000 
 7,000 
 7,000 
 5,600 
 7,000 
 
 6,700 
 6,200 
 7,000 
 
 7,000 
 7,000 
 
 5,300 
 
 6,600 
 7,000 
 7,000 
 5.000 
 4,000 
 7,000 
 
 $5,000 
 4,500 
 5,000 
 4,000 
 5,000 
 
 4,000 
 4,000 
 5,000 
 
 5,000 
 5,000 
 
 4,000 
 4.500 
 4,000 
 5,000 
 2,500 
 2,500 
 5,000 
 3,000 
 
 5,000 
 5,000 
 5,000 
 5,000 
 
 ■4,000 
 4,500 
 3,500 
 
 5,000 
 5,000 
 
 4,000 
 4, 500 
 5,000 
 
 5,000 
 4,500 
 5,000 
 2,500 
 4,500 
 4,500 
 
 4,000 
 3,500 
 4,000 
 
 4,500 
 4,000 
 4,000 
 4,000 
 3,500 
 2,500 
 
 5,000 
 5,000 
 
 3,500 
 5,000 
 
 5,000 
 5,000 
 
 4,000 
 4,000 
 3,000 
 
 $9,200 
 2,900 
 1,700 
 3,100 
 
 16,800 
 
 4,700 
 3,800 
 13,200 
 
 8,300 
 9, 700 
 
 1,800 
 1,200 
 3,400 
 7,400 
 1,400 
 300 
 11, 100 
 
 $14,200 
 
 7,400 
 
 6,700 
 
 7,100 
 
 21,800 
 
 8,700 
 7,800 
 18, 200 
 
 13,300 
 14, 700 
 
 5,800 
 5,700 
 7,400 
 
 12,400 
 3,900 
 2,800 
 
 16, 100 
 
 $20,800 
 
 Western 
 
 Maine 
 
 8,300 
 11,000 
 
 
 8,800 
 
 
 30,500 
 
 Michigan: 
 
 Eastern 
 
 Western 
 
 8,700 
 
 8,200 
 
 24,200 
 
 Missouri: 
 
 18,600 
 
 
 20,900 
 
 Mississippi: 
 
 7,400 
 
 
 11,700 
 
 
 13, 600 
 
 Nebraska 
 
 18, 300 
 5,700 
 
 
 3,900 
 
 
 28, 200 
 
 
 
 New York: 
 
 5,900 
 7,000 
 7,000 
 7,000 
 
 7,000 
 7,000 
 6,500 
 
 7,000 
 7,000 
 
 7,000 
 
 7, 000 
 14, 000 
 
 7,000 
 7,000 
 7,000 
 3,700 
 5,900 
 7,000 
 
 6,200 
 5,400 
 7,000 
 
 5,600 
 4,100 
 3,800 
 4,900 
 4,800 
 3,100 
 
 5,100 
 7,000 
 
 12, 300 
 14,000 
 
 7,000 
 7,000 
 
 4,700 
 6,200 
 4,900 
 
 3,800 
 
 6,200 
 
 23,400 
 
 3,700 
 
 4,300 
 
 8,500 
 2,900 
 
 12,900 
 7,300 
 
 6,500 
 6, 600 
 5,400 
 
 10, 500 
 3,700 
 9,100 
 1,000 
 3,200 
 
 i 2, 600 
 
 13,000 
 3,300 
 2,600 
 
 14,500 
 6,000 
 5,700 
 
 8,800 
 11,200 
 28,400 
 
 8,700 
 
 8,300 
 13,000 
 6,400 
 
 17,900 
 12, 300 
 
 10,500 
 11,100 
 10,400 
 
 15,500 
 8,200 
 
 14,100 
 3,500 
 7,700 
 7,100 
 
 7,000 
 6,800 
 6,600 
 
 9,000 
 10,000 
 9,700 
 
 9,800 
 
 
 16, 800 
 
 Southern 
 
 57,000 
 
 
 10,300 
 
 North Carolina: 
 
 10,600 
 
 
 15, 600 
 
 
 9,700 
 
 Ohio: 
 
 27,200 
 
 
 17,000 
 
 Oklahoma: 
 
 ' 14,200 
 
 Western 
 
 13,000 
 21,600 
 
 Pennsylvania: 
 
 22,500 
 
 Middle 
 
 10, 600 
 
 
 20.300 
 
 
 3,700 
 
 
 7,800 
 
 
 10,000 
 
 Tennessee: 
 
 9,700 
 
 Middle 
 
 7,300 
 
 
 11,500 
 
 Texas: 
 
 10,600 
 
 
 8,900 
 
 
 9,300 
 
 
 9,200 
 
 Utah 
 
 11,500 
 700 
 
 6,200 
 6,200 
 
 4,100 
 11,100 
 
 7,200 
 2,600 
 
 2,200 
 
 3,800 
 
 1 1,500 
 
 5,000 
 3,200 
 
 11,200 
 11,200 
 
 7,600 
 16,100 
 
 12,200 
 7,600 
 
 6,200 
 7,800 
 4,500 
 
 5,100 
 
 
 4,200 
 
 Virginia: 
 
 13,200 
 
 
 12,000 
 
 Washington: , 
 
 13,400 
 
 
 30,000 
 
 West Virginia: 
 
 13,800 
 
 
 8,000 
 
 Wisconsin: 
 
 6,500 
 
 
 6,900 
 
 
 6,900 
 
 
 
 1 Estimated. 
 
COMPENSATION FOR CLERKS OF UNITED STATES COURTS. 61 
 
 STATUTES IN RELATION TO COMPENSATION OF CLERKS OF UNITED STATES COURTS. 
 
 Sec. 839. (Compensation retained by a clerk.) No clerk of a district court, or 
 clerk of a circuit court, shall be allowed by the Attorney General, except as provided 
 in the next section and in section eight hundred and forty-two to retain of the fees 
 and emoluments of his office, or, in case both of the said clerkships are held by the 
 same person, of the fees and emoluments of the said offices, respectively, for his per- 
 sonal compensation, over and above his necessary office expenses, including necessary 
 clerk hue, to be audited and allowed by the proper accounting officers of the Treasury, 
 a sum exceeding three thousand and five hundred dollars a year for any such district 
 clerk or for any such circuit clerk, or exceeding that rate for any time less than a 
 year. (R. S.) (Act of Feb. 26, 1853, ch. 80, 10 Stat. I,., 166; act of June 22, 1870, 
 ch. 150, 16 Stat. L., 164.) 
 
 Sec. 840. (Clerks in California, Oregon, and Nevada.) The clerks of the several 
 circuit and district courts in California, Oregon, and Nevada shall be entitled to 
 charge and receive double the fees hereinbefore allowed to clerks, and shall be allowed, 
 respectively, by the Attorney General, to retain of the fees so received by them, for 
 then personal compensation, over and above the necessary expenses of their offices, 
 including the salaries of deputy clerks, and necessary clerk hire, to be audited by 
 the proper accounting officers of the Treasury Department, a sum not exceeding seven 
 thousand dollars a year, nor exceeding that rate for any time less than a year: Pro- 
 vided, That whenever, in either of the said districts, the same person holds the office 
 of clerk of both the circuit and district courts, he shall be allowed by the Attorney 
 General to retain for his personal compensation, as aforesaid, only such sum as is 
 herein allowed to be retained by a person holdins; the office of clerk of only one of 
 the said courts. (R. S.) (Act of Feb. 26, 1853, ch. 80, 10 Stat. L., 163; act of Feb. 
 19, 1864, ch. 11, 13 Stat. L., 5; act of Feb. 27, 1865, ch. 64, 13 Stat. L., 440; act of 
 June 22, 1870, ch. 150, 16 Stat. L., 164; act of June 8, 1872, ch. 336, 17 Stat, L 330.) 
 
 The act of July 5, 1892, section 16 provides that "The marshal, district at«rney, 
 and clerks of the circuit and district courts of said district [Idaho] and all other officers 
 and persons performing duties in the administration of justice therein, shall severally 
 possess the powers and perform the duties lawfully possessed and required to be per- 
 formed by similar officers in other districts of the United States; and shall, for the ser- 
 vices they may perform, receive the fees and compensation allowed by law to other 
 similar officers and persons performing similar duties in the State of Oregon." (26 
 Stat. L., 217.) 
 
 This is from the act of July 3, 1890, chapter 656, to provide for the admission of Idaho 
 into the Union.' 
 
 The act of July 10, 1890, chapter 664, providing for the admission of Wyoming has 
 the same provision as above, which was also carried into the act of May 23, 1892, section 
 16. (26 Stat. L., 225.) 
 
 The act of March 2, 1891, section 2, carries the same provision in reference to the State 
 of North Dakota. (28 Stat. L., 642:) 
 
 Under the act of May 12, 1900, section 21, clerks in the State of Montana were allowed 
 compensation similar to clerks in the State of Nebraska. (25 Stat. L., 682.) 
 
 The allowance of double fees in Montana is under the act of March 3, 1891, chapter 
 541 (26 Stat. L., 947); act of July 16, 1892, chapter 196 (27 Stat. L., 223); act of 
 March 3, 1893, chapter 211 (27 Stat. L., 714). 
 
 The act of August 7, 1882, chapter 436 (22 Stat. L., 344), is as follows: ' 'That the 'Bet 
 of the Congress of the United States entitled, 'An act to regulate the fees and costs to 
 be allowed clerks, marshals, and attorneys of the circuit and district courts of the United 
 States, and for other purposes, ' approved February twenty-sixth, eighteen hundred 
 and fifty-three, and section eight hundred and thirty-seven of the Revised Statutes 
 of the United States, are extended to the territories of New Mexico and Arizona, and 
 shall apply to the fees of all officers in such territories * * * . " (22 Stat. L., 344.) 
 
 In United States v. McMillan (165 U. S., 504), it is held that this provision includes 
 clerks of the courts. 
 
 The provisions as to double fees in the State of Washington are contained in the same 
 acts as referred to for the State of Montana. 
 
INDEX. 
 
 Page. 
 
 Section 289 of Judicial Code (abolishes circuit clerk) 3 
 
 Section 839 of the Revised Statutes (fixes compensation) 4 
 
 Letter from chairman to Department of Commerce and Labor 4 
 
 Letter from Department of Commerce and Labor to chairman V 4 
 
 Hearings before subcommittees 5 
 
 Gross earnings of clerks, Appendix A 8 
 
 Compensation actually received by clerks, Appendix B 10 
 
 Citations and statutes in re Department of Justice 13 
 
 Rules and regulations of Department of Justice 14 
 
 Statement relative to the bill, Appendix C 22 
 
 Attorney General, letter and statement indorsing salaries, Appendix D 33 
 
 Hearing before subcommittee No. 2, Appendix E 35 
 
 Compensation of deputy clerks, etc., Appendix F 42 
 
 Tabulation in re salaries of attorneys, marshals, etc., Appendix G 53 
 
 Bill as introduced by direction of special subcommittee No. 5, Appen- 
 dix H 56 
 
 Comparative statement, net earnings, proposed salary, etc 59 
 
 Statutes now existing as to compensation of clerks of United States courts 61 
 
 63 
 
IBJatS