INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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ACTS OF FIFTY-FOURTH CONGRESS—SECOND SESSION, 1897.
CHAP. 29 | CHAP. 70 | CHAP. 109 | CHAP. 136 | CHAP. 265

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Chapter 265
Sections 6 | 8 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 20 | 23

Margin Notes
Chap. 265 Indian Territory. U. S. attorney and marshal to receive a salary.
    [29 Stat., 577.]
    1896, May 28. c. 252, s. 19, 21, 22, 24;
    29 Stat., 140.
    1889, Mar. 1, c. 333, ante, p. 39.
    1895, Mar. 1, c. 145, ante, p. 70.
Chap. 265 U. S. commissioners, duties, etc.
Chap. 265 Salary of attorneys.
Chap. 265 of marshals.
Sec. 6 United States courts. Fees of marshals and attorneys to be covered in.
Sec. 6 Salaries to be paid.
Sec. 6 Proviso. Charges against United States.
Sec. 8 Assistant attorneys to be appointed by Attorney-General.
    R. S., sec. 363, p. 61.
Sec. 8 Compensation.
Sec. 8 Proviso. Expense allowance.
Sec. 8 Residence.
Sec. 8 Proviso. Assistants.
Sec. 10 Office deputies and clerks.
Sec. 10 Allowance in serving writs, etc.
Sec. 11 Marshals to appoint field deputies.
    R. S., sec. 780, p. 147.
Sec. 11 Compensation.
Sec. 11 Provisos. Expenses. Additional allowance.
Sec. 11 Double fees to field deputies in certain States.
Sec. 12 Expenses allowed to marshal.
Sec. 12 Residence.
Sec. 13 Expense accounts.
Sec. 13 Payment of expense accounts.
Sec. 13 Proviso. Compensation forbidden.
Sec. 14 Office expenses, attorneys and marshals.
Sec. 15 Extra clerical assistance.
Sec. 16 Salaries payable monthly.
Sec. 17 Costs.
Sec. 18 Punishment for accepting illegal fees, etc.
Sec. 20 Persons disqualified for commissioners.
Sec. 20 Receivers.
Sec. 23 Annual report of Attorney-General. Detailed statement required.

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Chapter 265
    Feb. 19, 1897. | 29 Stat., 538.
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An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-eight, and for other purposes.

Be it enacted, etc.


That section twenty-four of the Act of May twenty-eighth, eighteen hundred and ninety-six, making appropriations for the Legislative, Executive, and Judicial expenses of the Government, for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven, and for other purposes, be and is hereby amended by striking out the words “Indian Territory or,” so that said Act shall apply to the Indian Territory except as herein otherwise provided:

Provided further, that the provisions of Sections nineteen, twenty-one, and twenty-two of said Act shall not apply to the Indian Territory:

Provided further, that each of the District Attorneys in the Indian Territory shall receive a salary of four thousand dollars per annum, and each of the Marshals shall receive a salary of four thousand dollars per annum. * * * [February 19, 1897.]


NOTE.—The act of 1896, May 28, chapter 252, sections 6–24 (29 Stat., 140),’ abolishes the fee system of compensating United States attorneys and marshals and provides fixed salaries. The Indian Territory is expressly excluded from the operation of the act by section 24, and this act repeals the excepting clause, thereby bringing the Indian Territory under the new system.

Of the three sections not applicable to the Indian Territory (19, 21 and 22), 19 and 21 provide for United States commissioners, and 22 for the investigation of United States clerks by the Attorney-General.

United States commissioners in the Indian Territory are provided for in 1890, May 2, chapter 182 (ante, p. 53), and 1895, March 1, chapter 145 (ante, p. 72).

The sections of the act of May 28, 1896, made applicable are as follows:

SEC. 6. That on and after the first day of July, eighteen hundred and ninety-six, all fees and emoluments authorized by law to be paid to United States district attorneys and United States marshals shall be charged as heretofore, and shall be collected, as far as possible, and paid to the clerk of the court having jurisdiction, and by him covered into the Treasury of the United States; and said officers shall be paid for their official services, which, in the case of district attorneys, shall include services in the circuit courts of appears of their respective circuits wherever sitting, 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, except as provided by sections eleven and thirteen of this Act relating to field deputies and their payments.


SEC. 8. That whenever, in the opinion of the district judge of any district or the chief justice of any territory and the district attorney, evidenced by writing, the public interest requires it, one or more assistant district attorneys may be appointed, by the Attorney-General; but such opinion shall state to the Attorney-General the facts as distinguished from conclusions, showing the necessity therefor. Such assistant district attorneys shall be paid such salary as the Attorney-General may from time to time determine as to each, which shall in no case exceed two thousand five hundred dollars per annum: Provided, That the necessary expenses for lodging and subsistence actually paid, not exceeding four dollars per day and actual and necessary traveling expenses of the district attorney and his assistants, while absent from their respective official residences and necessarily employed in going to, returning from, and attending before any United States court, commissioner, or other committing magistrate, and while otherwise necessarily absent from their respective official residences on official business shall be allowed and paid in the manner hereinafter provided.

“The Attorney-General is authorized to fix and declare the place of the official residence of the district attorney and of each of his assistants: Provided, That the said assistants must be residents of the district for which they are appointed.


SEC. 10. That when in the opinion of the Attorney-General the public interest requires it, he may, on the recommendation of the marshal, which recommendation shall state the facts as distinguished from conclusions, showing necessity for the same, allow the marshals to employ necessary office deputies and clerical assistance, upon salaries to be fixed by the Attorney-General, from time to time, and paid as hereinafter provided. When any of such office deputies is engaged in the service or attempted service of any writ, process, subpoena, or other order of the court, or when necessarily absent from the place of his regular employment, on official business, he shall be allowed his actual traveling expenses only, and his necessary and actual expenses for lodging and subsistence, not to exceed two dollars per day, and the necessary actual expenses in transporting prisoners, including necessary guard hire; and he shall make and render accounts thereof as hereinafter provided.

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SEC. 11. That at any time when, in the opinion of the marshal of any district, the public interest will thereby be promoted, he may appoint one or more deputy marshals for such district, who shall be known as field deputies, and who, unless sooner removed by the district court as now provided by law shall hold office during the pleasure of the marshal, except as hereinafter provided, and who shall each, as his compensation, receive three-fourths of the gross fees, including mileage, as provided by law, earned by him, not to exceed one thousand five hundred dollars per fiscal year, or at that rate for any part of a fiscal year; and in addition shall be allowed his actual necessary expenses, not exceeding two dollars a day, while endeavoring to arrest, under process, a person charged with or convicted of crime: Provided, That a field deputy may elect to receive actual expenses on any trip in lieu of mileage: Provided, That in special cases, where in his judgment justice requires, the Attorney-General may make an additional allowance, not, however, in any case to make the aggregate annual compensation of any field deputy in excess of twenty-five hundred dollars nor more than three-fourths of the gross fees earned by such field deputy. The marshal, immediately after making any appointment or appointments under this section, shall report the same to the Attorney-General, stating the facts as distinguished from conclusions constituting the reason for such appointment, and the Attorney-General may at any time cancel any such appointment as the public interest may require. The field deputies herein provided for of the districts of California, Colorado, Washington, Montana, North Dakota, South Dakota, Nevada, Oregon, Wyoming, and Idaho shall, for the services they may perform during the fiscal year eighteen hundred and ninety-seven, receive double the fees allowed by law to like officers in other States for performing similar duties, but neither of them shall be allowed to receive of such fees any sum exceeding the aggregate compensation of such officer as provided herein.

SEC. 12. That the marshal, when attending court at any place other than his official residence, and when engaged in the service or attempted service of any process, writ, or subpoena, and when otherwise necessarily absent from his official residence on official business, shall be allowed his necessary expenses for lodging and subsistence, not exceeding four dollars per day and his actual necessary traveling expenses. He shall also be allowed the actual necessary expenses in transporting prisoners, including necessary guard hire. An account of such expenses shall be made out and paid as hereinafter provided. The marshal’s official residence shall be deemed to be at one of the places of holding court in the district, and the Attorney-General shall be authorized to fix and declare the place of such official residence.

SEC. 13. That whenever in this Act an officer is allowed actual expenses the account therefor shall be made out quarterly, in accordance with rules and regulations prescribed by the Attorney-General. When made out the account shall be verified on oath before an officer authorized to administer oaths.

“The expense accounts of the marshals and their office deputies and the accounts of the field deputies shall be paid by the marshals; said accounts and the expense accounts of the district attorneys and their assistants when made out in accordance with this Act shall be submitted to and examined by the circuit court or district court of the district, and when approved by the court shall be audited and allowed as now provided by law. Each marshal shall make such returns of the earnings and

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expenses of his office as shall be required under rules and regulations prescribed by the Attorney-General: Provided, That no office or field deputy shall receive compensation as bailiff, and no field deputy shall receive fees for representing the marshal in court.

SEC. 14. That the necessary office expenses of the district attorneys and marshals shall be allowed when authorized by the Attorney-General.

SEC. 15. That the district attorney of any judicial district, when the facts showing the necessity therefor are certified by the district judge to the Attorney-General, may, with the approval of the Attorney-General, and no longer than such approval lasts, employ necessary clerical assistance at such salary or salaries as shall be from time to time fixed by the Attorney-General.

SEC. 16. That all salaries provided by sections six to fifteen, inclusive, of this Act shall be paid monthly by the Department of Justice.

SEC. 17. That sections six to fifteen, inclusive, of this Act shall not be so construed as to prevent or affect the amount or taxation of costs against the unsuccessful party in civil proceedings or against defendants convicted of crimes or misdemeanors.

SEC. 18. That any officer whose compensation is fixed by section six to fifteen, inclusive, of this Act who shall directly or indirectly demand, receive, or accept any fee or compensation for the performance of any official service other than is herein provided, or shall willfully fail or neglect to account to or pay over to the proper officer any fee received or 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. 20. That no marshal or deputy marshal, attorney or assistant attorney of any district, jury commissioner, clerk of marshal, no bailiff, crier, juror, janitor of any Government building, nor any civil or military employee of the Government, except as in this Act provided, and no clerk or employee of any United States justice or judge shall have, hold, or exercise the duties of the United States commissioner. And it shall not be lawful to appoint any of the officers named in this section receiver, or receivers in any case or cases now pending or that may hereafter be brought in the courts of the United States.


SEC. 23. The Attorney-General shall, in his annual report to Congress each year, include a statement in detail showing for the preceding fiscal year the number of assistant district attorneys employed, the salaries of each; the number of clerical assistants employed for each marshal, the salaries paid to each; the amount expended for necessary subsistence and actual and necessary traveling expenses of each marshal and his office deputies, and the number of field deputy marshals employed by each marshal and the amount of fees earned by and the compensation paid to each of them out of such fees.”



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