Therefore, it is expected that the attorney will, in the first instance, conform thereto. No money can be paid from the Treasury of the United States to any United States attorney for any purpose, while his emolument returns are or shall remain in arrear. If necessary to the convenient transaction of the business of his office, he will be allowed reasonable expenditures for the rent of an office, and furniture for the same, for necessary clerk-hire, and for fuel, lights, and stationery; but expenditures for these purposes can only be made out of his official emoluments; and in order that the same may be allowed, the attorney is required to take, specify in and forward with each of his returns proper vouchers therefor, showing all the items embraced in each class of expenditures. The attorney is now allowed by law to retain, for his own compensation, at and after the rate of $6,000, and not to exceed that sum, per annum; and if, after making a deduction of the sums expended for the purposes named, his returns shall still show a surplus over and above his maximum compensation, it will be his duty to deposit such surplus with the nearest United States depositary, to the credit of the Treasury of the United States, and forward a certificate thereof with his return. But the attorney will be as particular in taking, specifying in and forwarding with his return vouchers for expenditures for the purposes named, whether his earnings shall or shall not exceed the maximum. In respect to all vouchers for expenditures on account of rent of office, furniture for the same, for clerk-hire, and for fuel, lights, and stationery, the attorney is further required to submit them to the district judge for his examination, and to obtain his official certificate to the effect that the same, and each item named therein, was absolutely necessary to the convenient transaction of the business of his office, and that the sums paid therefor were reasonable. Such certificate should be indorsed on the emolument return. Before employing clerks in his office, the attorney will make application to this Department for authority to do so, stating the number required, and the compensation to be allowed to each. The law requires these returns to be made on the first days of January and July, respectively, and the Department will hereafter insist that they be promptly made in the form and verified in the manner required. Should the attorney affirm before, or the oath be administered by, any officer other than a judge or a clerk of one of the United States courts, the official character of such officer, his authority to administer oaths and affirmations, and the genuineness af his signature, are required to be certified by the clerk of a court of record, under the seal of such court; and such certificate to be attached to and forwarded with the return. Should the attorney enter upon his official term intervening the days named, he will make his first return for the period beginning on that day and extending to and including the last day of that half year; so, if he resign or be superseded, his last return will commence with the half year and extend to and include the day upon which his official character terminated. Attorneys have frequently requested that offices be provided and furnished for them, at the expense of the United States; but such applications have generally been refused, the rule being to allow office accommodations when, at particular places or in large cities, the Government is compelled, on account of the large amount of business transacted, to make provisions for the courts by renting or erecting buildings, and rooms can be spared without inconvenience or additional expense, but not otherwise. The district attorney will certify to the rendition of service by his assistants in their quarterly accounts, and approve them if correct. His own accounts for fees and per diems must be sent to the First Auditor of the Treasury. REPORTS IN CRIMINAL CASES. In order that a complete record of all criminal cases in the courts of the United States may be kept in the Department of Justice, attorneys will, at the close of each term of court, report to the Attorney-General the proceedings had at such term in all criminal cases pending in said court, the indictments found, giving the names of the defendants, the offense charged, the date of the indictment and the verdict thereupon, or other disposition of the same. These reports will be made on blanks furnished from the Department, of the following form: criminal cases pending, indictments found, disposition of the same, or verdict thereupon, at term, 18-, of the court, held at the The attention of the attorneys of the United States is specially invited to the second section of the act approved June 20, 1874, entitled "An act making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June 30, 1875, and for other purposes," which is as follows: * * * * * "SEC. 2. That every clerk of the circuit or district court of the United States, United States marshal, or United States district attorney, shall reside permanently in the district where his official duties are to be performed, and shall give his personal attention thereto; and in case any such officer shall remove from his district, or shall fail to give personal attention to the duties of his office, except in cases of sickness, such office shall be deemed vacant: Provided, That in the southern district of New York said officers may reside within twenty miles of their districts." By this section marshals and attorneys of the United States, and clerks of the courts, are required to reside permanently in the district where their official duties are to be performed, and give their personal attention thereto. United States marshals and district attorneys will therefore understand that they can not absent themselves from their respective districts at pleasure, but that their absence therefrom must be upon official business or upon leave obtained from this Department. CIRCULARS. The following circulars have been issued by the Department of Justice, at various times, in relation to the duties of United States attorneys of the courts under its control, who are hereby directed to examine them frequently and conform their official acts to the instructions therein given: INSTRUCTIONS AS TO REGULATION OF FEES AND COSTS. Esq., United States Attorney, District of DEPARTMENT OF JUSTICE, 1878. SIR: Your attention is directed to the first section of an act of Congress approved February 22, 1875, regulating fees and costs, etc., requiring the accounts of United States marshals to be proved in open court, in the presence of yourself or sworn assistant, on the oath of that officer or of other persons having knowledge of the facts. Such examination must not be formal and casual. To make it efficient and clear that services and disbursements charged are in accordance with law and just, it may be necessary to request the court at the close of the term, when the accounts are ready for proof, to assign sufficient time to make this examination when you can get a full knowledge of the facts. It should be a searching review of the accounts, with the express determination by you to allow no account to pass that is not free from all suspicion. If the marshal can not produce such evidence before the court at any term, letthe accounts lie over until he is able to do so. It may be safely left to his interest to supply the requisite testimony. Your vigilance is especially directed to the consideration of the bills of deputies for actual expenses. The items of guard hire and mileage must be supported by evidence to your satisfaction. I must insist upon your standing as a legal sentinel at this post of unwelcome but necessary duty, and that you allow no charge to pass your approval for payment that is tainted with suspicion or supported by insufficient proof. I desire also to call your attention to the fact that there is much reason to believe that many causeless and idle prosecutions have been brought in some districts apparently for the purpose only of making fees. Great injustice is thus done to individuals and the Government. Endeavor to exercise a constant supervision of this matter, and as far as possible have no warrants issued without your previous approval. If you find that they are issued by commissioners without this and without just cause, call the attention of the judge to the matter, and procure from him an order that commissioners, or such commissioners as you have reason to think are reckless or injudicious, be directed not to issue warrants unless your consent has first been obtained after examining the case. SIR: Your attention is directed to a former circular, bearing upon the first section of an act of Congress approved February 22, 1875, regulating fees, costs, etc., which requires that the accounts of United States marshals shall be proven in open court in the presence of yourself or sworn assistant on the oath of an officer or of other persons having knowledge of the facts. In addition to the instructions contained in the above circular, you are directed to make to the court which examines the accounts of the United States marshals a written report of your examination of the accounts presented for the approval of the same, stating your reasons at length for any objection which you may find to the approval. This written report you will pre-ent to the presiding judge before the approval is made, and it must be attached to the account as the record of your official examination. Your attention is especially invited to Circular No. 5, of even date herewith, to United States marshals, specifying the form of voucher required of guards employed by them or their deputies, which must accompany all accounts wherein charges for guards are made before your written approval is given. SIR: It having been brought to my notice that in the matter of charges for official service there is a diversity in the practice of United States attorneys, your attention is called to section 824 of the Revised Statutes. This section provides a docket fee of twenty dollars "on a trial before a jury in civil and criminal causes," and a fee of ten dollars "when judgment is rendered without a jury." The distinction thus made between cases where an issue of fact is made to be passed upon by a jury, after testimony submitted, and cases in which a plea of guilty having been entered no investigation of facts is necessary, is clear enough. In the latter class of cases the formal finding of a verdict of guilty is not rendered "on a trial before a jury;" for the plea dispenses with such trial, and, in the language of the section, "judgment is rendered without a jury." Instructions will therefore be given to the accounting officers of the Treasury, by sending them this circular, to allow a fee of twenty dollars only when there has been an actual trial of the facts by a jury, duly certified to them. The court will in like manner be informed by this circular, and requested to approve f no trial fee of twenty dollars unless the minutes of the court show that such actual trial was had. II. The salary paid to your assistant (under regular appointment*) covers all his personal expenses, charges for mileage, and all his services as assistant. You can not, therefore, include his services, expenses, and mileage in your fee and per diem account, and thus charge for matters for which the salary is provided. III. You will hold the United States marshal to a strict account for collections made by him, at the first term of the court to which the execution is returnable. Your obedient servant, SIR: Your attention is invited to the concluding clause of section 824 of the Revised Statutes of the United States permitting an allowance not exceeding thirty dollars, in addition to the other legal fees of the United States attorney, in proportion to the importance and difficulty of the cause, when a conviction is had before a jury on an indictment for crime. Whenever you have obtained the approval of the court to a special fee under this clause, you will forward with your account of the same to the First Auditor a brief statement of the points and circumstances in each case, which render it one of the importance and difficulty contemplated by the statutes. Your account, together with this statement, will be submitted by the First Auditor (in such cases as he deems necessary) to the Attorney-General, in order to determine from the means afforded whether such special counsel fees should be allowed in the final settlement. Very respectfully, CHAS. DEVENS, Attorney-General. INSTRUCTIONS AS TO CLERKS' BONDS. DEPARTMENT OF JUSTICE, SIR: Your attention is invited to the third section of the act entitled "An act regulating fees and costs, and for other purposes," approved February 22, 1875, which is as follows: "That the clerks of the Supreme Court and the circuit and district courts, respectively, shall each, before he enters upon the execution of his office, give bond, with sufficient sureties, to be approved by the court for which he is appointed, to the United States, in the sum of not less than five and not more than twenty thousand dollars, to be determined and regulated by the Attorney-General of the United States, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determina*The words "under regular appointment" were inserted by order of A. H. Garland, AttorneyGeneral. tions of the court of which he is clerk; and it shall be the duty of the district attorneys of the United States, upon requirement by the Attorney-General, to give thirty days' notice of motion in their several courts that new bonds, in accordance with the terms of this act, are required to be executed; and upon failure of any clerk to execute such new bonds, his office shall be deemed vacant. The Attorney-General may at any time, upon like notice through the district attorney, require a bond of increased amount, in his discretion, from any of said clerks within the limit of the amount above specified; and the failure of the clerk to execute the same shall in like manner vacate his office. All bonds given by the clerks shall, after approval, be recorded in their respective offices, and copies thereof from the records, certified by the clerks, respectively, under seal of court, shall be competent evidence in any court. The original bonds shall be filed in the Department of Justice. Pursuant to the provisions of this section, I have to request that you will give the notice therein required of thirty days that the clerk of the court of your district will be required to give a new bond in the penal sum of to the United States for the faithful performance of his duty. The bond must be approved by the judge of the court, and the sureties offered certified to by you as being sufficient for the penalty thereof. You will see that the bond is duly recorded in the clerk's office, and forward the original to this Department. The bond must be made and executed strictly in accordance with the forms herewith transmitted. Should there be a failure on the part of the clerk to execute the bond, you will promptly report that fact to this Department. Very respectfully, GEO. H. WILLIAMS, SIR: The Attorney-General is informed that a diversity of practice exists among district attorneys of the United States concerning the collection of costs in cases compromised under the internal-revenue laws. Persons indicted for violating these laws, after having undergone a preliminary examination before a United States commissioner, sometimes make proposals to compromise with the Government, offering to pay a certain sum as penalty, together with the costs. In such cases it seems to be understood at the Internal Revenue Bureau that the offer, so far as it relates to the payment of costs, includes the costs of the preliminary examination before the commissioner as well as those incurred in the court in which the indictment is found, and the action of that Bureau thereon is based on that understanding; but while some district attorneys, upon acceptance of the offer, see that both those descriptions of costs are taxed and collected from the accused, others let the accused off with the payment of the costs incurred in their respective courts, relieving him entirely from the costs of the preliminary examination. The object of this communication is to secure a uniformity of practice of district attorneys in matters of this sort which will coincide with the understanding of the Internal Revenue Bureau, already adverted to. You are accordingly instructed, where cases of compromise such as I have mentioned come under your charge, the terms of which require the accused "to pay costs," to see that the payment by him covers not only the costs incurred in the court wherein he is indicted, but also the costs incurred upon the preliminary examination before the United States commissioner or examining magistrate. I am, sir, very respectfully, EDWARDS PIERREPONT, DEPARTMENT OF JUSTICE, SIR: The Attorney-General is informed that a diversity of practice exists among district attorneys of the United States concerning the collection of costs in cases compromised under the internal-revenue laws. Persons indicted for violating these laws, after having undergone a preliminary examination before a United States commissioner some |