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1st Session.

No. 131.

COMPENSATION OF DISTRICT ATTORNEYS, MARSHALS,

AND CIRCUIT COURT COMMISSIONERS.

LET T E R

FROM

THE ATTORNEY-GENERAL,

RECOMMENDING

A change in the mode of compensating district attorneys, marshals, and cir.

cuit court commissioners.

MARCH 21, 1882.-Referred to the Committee on the Judiciary and ordered to be

printed.

DEPARTMENT OF JUSTICE,

Washington, March 18, 1882. SIR: I have the honor to transmit herewith a copy of a letter of the 7th instant, addressed to me by the Commissioner of Internal Revenue, and the documents referred to therein.

The Commissioner recommends a change in the mode of compensating district attorneys, marshals, deputy marshals, and circuit court commissioners, viz, to pay them by fixed salaries rather than by fees.

The subject is very important, and I have the honor to ask for it the earnest consideration of Congress. BENJAMIN HARRIS BREWSTER,

Attorney-General. Hon. J. W. KEIFER,

Speaker of the House of Representatives.

TREASURY DEPARMENT,
OFFICE OF INTERNAL REVENUE,

Washington, March 7, 1882. SIR : I have the honor to inclose herewith a report of Revenue Agent Thos. J. Kenney, giving a list of over one hundred and forty revenue cases brought before United States commissioners in the northern district of New York during the year 1881, upon complaint of persons other than internal revenue officers, and dismissed by the commissioners for want of evidence.

The institution of criminal prosecutions under the internal-revenue

laws for trivial and technical offenses, where no frauds were committed or intended, is a constant cause of complaint in various parts of the United States, and is continually productive of irritation in the enforce ment of the laws. These prosecutions are usually instituted upon the complaints of professional informers, and are a great source of revenue to witnesses, commissioners, marshals, and district attorneys. The abuses thus perpetrated are the legitimate and natural outgrowth o the law which compensates these officers for their services by fees, and I am satisfied that it will be impossible, by any system of adminis tration, to prevent these wrongs until district attorneys, marshals, deputy marshals, and commissioners are paid fixed salaries like the great majority of other officers of the government.

I respectfully call your attention to the observations upon this subject at page 9 of my last annual report (a copy of which is inclosed), and I have the honor of submitting whether it would not be wise to bring this matter prominently to the attention of Congress. Very respectfully, your obedient servant,

GREEN B. RAUM,

Commissioner. Hon. BENJAMIN HARRIS BREWSTER,

Attorney-General.

List of internal rerenue cases brought before United States court commissioners in the north

ern district of New York, during the year 1881, upon complaint of persons other than internal-revenue officers, and discharged by said commissioners for want of sufficient evidence.

BEFORE J. A. MURREY, COM'R, BUFFALO.

Date of Number discharge. of case.

Title of case.

Offense.

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United States vs. Michael Cronen. Failing to destroy stamps on empty spt.

packages. Same vs. same

Removing spts. to places other than distil

lery warehouses.
United States vs. Wm. W. Phillips D. M. T.
& John Phillips
United States vs. Lewis Phillips .. W.L. D.
Same vs. John Wittemore

W.L.D.
United States vs. Michael Doll. Failing to destroy stamp on empty beer keg.
United States vs. John Detler Same.
United States vs. Wm Norton.. Same.

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BEFORE G. A. SCROGGS, BUFFALO.

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United States vs. Chas. Scherms.. Failing to destroy stamp on empty beer keg.

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List of internal revenue cases brought before United States court commissioners in the north

ern district of New York, during the year 1881, Sc.--Continued.

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24 ' United States rs. C. F. Kennfel Failing to destroy stamp on empty beer keg. 25 United States 18. Thos. O'Shaugh Samne.

nesy: 26 United States 18. August Drees Same. 27 United States rs. Rosa McBride.. R. L. D. 28 United States 18. Geo. Wiesser Failing to destroy stamp on empty beer keg. 29 United States us. Wm. R. Cones .. R. L. D. 30 United States

Mrs. Henry

Failing to destroy stamp on empty beer keg. Smith. 31 United States r8. Gorham Snyder.

Same. 32 nited States 18. John T. Hetzel Same. 33 United States vs. Emil Niggle Same. 34 United States rs. Carrie Rice. R. L. D. 35 United States 18. H. T. Farquhar. Failing to destroy stamp on empty beer keg, 36 United States 18. Peter Shelden Same. 37 United States rs. Wm. Ayrees...

Saine.
28 'nited States 18. Philip Bergman Same.
39 United States vs. Joseph A. Nunn. Same.
40 United States vs. Eliza Warren... Same.
41 United States v8. Doratha Schle Same.

cher.
42 United States vs. Isaac Hooper Same.
43 United States vs. Chas. H. Barker R. L.D.

& Albert Defendorf.
44 United States 18. G. W. Parshall Failing to destroy stampon empty cigar box
45 United States v8. Anthony Miller Failing to destroy stamp on empty beer keg.
46 United States vs. Michael Fitz Ssme.

gerald. 47 United States vs. Jane Voorhes .. Sale of tobacco from an unstamped package. 48 United States vs. Hiram Cansal & R. L. D. & D. M. T.

J. W. Boyd.
49 United States v8. George Woodcock Failing to destroy stamp on empty cigar box.
50 United States vs. Conrad Wees. Failing to destroy stamp on empty beer keg.

mullex.
51 United States vs. J. P. Hoyd R. L. D. & D. M. T.
52 United States vs. Samuel E. Skin. Pat, medicine.

Der.
53 United States vs. Wm. R. Roberts. Same.
54 United States vs. R. H. Ward .... Receiving unstamped cigars.

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List of internal rerenue cases brought before United States court commissioners in the north

ern district of New York, during the year 1881, 8c.-Continued.

BEFORE J. D. HUSBANDS, COM'R, ROCHESTER.

Date of Number discharge. of case.

Title of case.

Offense.

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55 United States v8. Julia Tally Failing to destroy stamp on empty beer keg.
56 United States vs. Joseph Sandedge. Same.
57 United States vs. Maria Smith. Same.
58 United States os. F. J. Biggy. Same.
59 United States vs. John Maul

Same.
60 United States vs. M. L. Wagoner. Same.
61 United States vs. Thos. O'Shaugh. Same.

nesy. 62 United States vs. Wm. H. Hast. Failing to destroy stamp on empty cigar box.

ings. 63 United States vs. Isaac Muller.... Same. 64 United States vs. Oscar Overton Same. 65 United States vs. Christin Gfiller.. Failing to destroy stamp on empty beer keg. 66 United Stat es v8. Henry Hrib Stamp on empty cigar box, 67 United States vs. Dan. Wilkens. Refilling cigar boxes. 68 United States vs. J. A. Boner. Failing to destroy stamp on empty beer keg 69 United States vs. Joseph Rengles. Same.

tine. 70 United States vs. Arshotte Bertoni Stamp on empty cigar box. 71 United States vs. Lydia G. Coner. Stamp on empty beer keg. 72 United States vs. Sebastin Auer .. Failing to destroy stamp on empty beer keg. 73 United States v8. W. H. Dunn ... Failing to destroy stamp on empty cigar box. 74 United States vs. Elizabeth Parker Same. 75 United States vs. Corey Shafel Same. 76 United States v8. Michael Eipell.. Empty beer keg, stamp not destroyed. 77 United States vs. Geo. Weedner.. Same, 78 United States vs. Chas. A. Moore Same. 79 United States 18. Jacob Hild.. Failing to destroy stamp on empty beer keg. 80 United States vs. J. S. Monroe Unstamped medicines. 82 United States vs. Jacob Raubus... Cigar ma'f'r no sign.

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Dec. 14
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Dec. 22, 26
Dec. 17, 20
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BEFORE N. B. SYLVESTER, COM'R, TROY AND SARATOGA.

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United States vs. George Bishop .. Failing to destroy stamp on empty cigar-box.
United States vs. Myra Davis Same.
United States 18. John Ahern. Same.
United States vs. Adolphus L. Same.

Cravern.

96

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