Chapter 49. To fix the salaries of the clerks of the United States district courts and to provide for their office expenses, and for other purposes
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CHAP. 49.— An Act To fix the salaries of the clerks of the United States district courts and to provide for their office expenses, and for other purposes. February 26, 1919.[[S. 3079](/us/bill/65/s/3079).][[Public, No. 282](/us/pl/65/282).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, United States courts.Clerks of district courts.Appointment.Vol. 36, p. 1987, amended. That on and after the first day of July, nineteen hundred and eighteen, all clerks of United States district courts shall be appointed by the judge for the district, or the senior judge if there be more than one judge in the district, subjectFees, etc., to be paid into the Treasury. to the approval of the senior circuit judge for the circuit in which the district is situated, and all fees and emoluments authorized by law to be paid to the clerks of the United States district courts, except the clerks of the district courts of Alaska, shall be charged as heretofore and shall be collected, as far as possible, and paid into the Treasury of the United States in such manner and at such times as hereinafter provided; and such clerks shall be paid, in lieu of the fees and emoluments now allowed by law, an annual salary as hereinafter*Proviso*.United States exempt. provided: *Provided*, That this section shall not be construed to require or authorize fees to be charged or collected from the United States.
Sec. 2. Salaries.[R. S., sec. 839, p. 158](/us/rs/s839/p158), amended. That the clerk of the United States district court for each of the judicial districts of the United States, except the clerks of the district courts of Alaska, shall be paid, in lieu of the fees, salaries, and per centum now allowed by law, an annual salary to be fixed by the Attorney General at not less than $2,500 nor more than $5,000, based in each instance upon the amount of business transacted by the court and the fees and the emoluments received by the clerks in the four years last preceding.
Sec. 3. Allowance for travel, etc., expenses. That when any clerk of a district court is necessarily absent from his official residence on any official business he shall be allowed his actual traveling expenses only and his necessary and actual expenses for lodging and subsistence, the latter not to exceed $4 per day. Sec. 4. Deputies and clerical assistants.Vol. 36, p. 1087, amended. That when, in the opinion of the Attorney General, the public interest requires it he may, on the recommendation of the clerk of a district court, which recommendation shall state facts (as distinguished from conclusions) showing necessity for the same, allow such clerk to employ necessary deputies and clerical assistants, upon compensation to be fixed by the Attorney General from time to time and paid as hereinafter provided.
Allowance for travel, etc., expenses.When any such deputy or clerical assistant is 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, the latter not to exceed $3 per day. Sec. 5. Office expenses. That the necessary office expenses of the clerks of the district courts of the United States shall be allowed when authorized by the Attorney General.
Sec. 6. Monthly salary payments. That the salaries of the clerks, deputy clerks, and clerical assistants to the clerks of the district courts shall be paid monthly by the marshals of the respective districts. Sec. 7. Expense accounts payable by marshal. That the expense accounts of clerks of the United States district courts, when made out and verified, and the expense accounts of their deputy clerks and clerical assistants, when made out and certified as correct by the clerk of such court, covering the necessary expenses incurred by such clerk, deputy clerk, or clerical assistants when necessarily absent from the place of regular employment on official business, shall be paid by the marshal, who shall include them in his accounts with the United States.
Sec. 8. Office expenses to be paid by marshal. That the necessary office expenses of the clerk of the United States district court, as allowed and authorized by the Attorney General, shall be paid by the marshal and included in his accounts with the United States. 1183 Sec. 9. That the clerk of every district court, except the clerks ofAccounting for fees quarterly. the district courts of Alaska, shall account quarterly for all the fees and emoluments earned during the quarter last preceding such accounting, except where the person requiring the services is relieved by law from prepayment of fees and costs, and for all fees and emoluments received within the quarter which had been earned prior thereto.
Such accounting shall be in writing and shall be made to the AttorneyItems to be included. General, in such form as he may prescribe, on the first days of January, April, July, and October in each year, or within twenty days thereafter, and shall include all moneys received in connection with the admission of attorneys to practice in the court, all that portion retained by the clerk of moneys received for services in naturalization proceedings in whatever capacity rendered, and all other amounts received for services in any way connected with the clerk’s office.
Such accounts shall be made in duplicate and be verified by the oath of the officer making them. The Attorney General shall causeExamination and audit. each such return or account to be carefully examined by the proper officer of the Department of Justice and shall approve the same as he may deem just and proper, and shall transmit it with his approval to the Auditor for the State and Other Departments, by whom an account shall be stated against the officer rendering such return or account.
Immediately upon receipt of notice from the auditor, orDeposit of amount with Treasurer. within ten days thereafter, the clerk shall deposit to the credit of the Treasurer of the United States the amount so stated against him. Approved, February 26, 1919.