WITNESS FEES.
On motion, by Mr. LEE, the bill [H. R. 83] to amend sections 16, 17 and 18 of the officers' fee bill of March 2, 1865, was read the second time.
Mr. LEE moved to strike out of the bill all except what refers to the pay of witnesses. The bill increases their pay, and, as the pay of Judges, Attorneys and Jurors have been increased by bills passed this session, it is page: 178[View Page 178] but fair and just that this measure should pass.
The amendment was agreed to.
On the further motion of Mr. LEE, the constitutional restriction was dispensed with and the bill was ordered to be read the third time.
Mr. CARSON moved to amend so that fees shall not be paid to witnesses who reside in the incorporated town or city where the court is held.
Mr. HANNA opposed the amendment as conflicting with the Constitutional provision prohibiting class legislation.
Mr. BRADLEY desired to amend by allowing witnesses $2 a day and mileage, no matter whether they live in town or country.
Mr. LEE favored $2 a day for witnesses. The bulk of fees in small litigated cases now consists of witness fees, and he desired them as small as they could consistently be made.
Mr. RICE regarded the amendment as unconstitutional.
Mr. CARSON insisted that argument would lie as well against the bill in any aspect you may look at it. He thought it a bad bill anyhow, but he wanted to make it as good as he could.
Mr. LASALLE thought the rates fixed in this bill about right. The amendment proposes to make unjust discrimination between classes of citizens, and therefore is clearly unconstitutional.
The amendment was rejected.
Mr. BRADLEY moved to amend the bill by increasing the fees to $2 a day.
Mr. JOHNSON, of Spencer, insomuch as we have a bill embodying the same provision, moved to lay the amendment on the table.
The motion was rejected upon a division-affirmative 15, negative 18.
Mr. LASALLE demanded the previous question, and there being a second-
The amendment was rejected-yeas 12, nays 27.
The order to read the bill the third time being now executed-
It failed to pass for want of a constitutional majority-yeas 21, nays 18.
