The report of the Attorney General shows that he has subjected to close examination the accounts of the clerks of the Federal courts; that he has found a good many which disclose irregularities or dishonesty; but that he has had considerable difficulty in securing an effective prosecution or removal of the clerks thus derelict.  I am certainly not unduly prejudiced against the Federal courts, but the fact is that the long and confidential relations which grow out of the tenure for life on the part of the judge and the practical tenure for life on the part of the clerk are not calculated to secure the strictness of dealing by the judge with the clerk in respect to his fees and accounts which assures in the clerk’s conduct a freedom from overcharges and carelessness.  The relationship between the judge and the clerk makes it ungracious for members of the bar to complain of the clerk or for department examiners to make charges against him to be heard by the court, and an order of removal of a clerk and a judgment for the recovery of fees are in some cases reluctantly entered by the judge.  For this reason I recommend an amendment to the law whereby the President shall be given power to remove the clerks for cause.  This provision need not interfere with the right of the judge to appoint his clerk or to remove him.

French spoliation awards.

In my last message, I recommended to Congress that it authorize the payment of the findings or judgments of the Court of Claims in the matter of the French spoliation cases.  There has been no appropriation to pay these judgments since 1905.  The findings and awards were obtained after a very bitter fight, the Government succeeding in about 75 per cent of the cases.  The amount of the awards ought, as a matter of good faith on the part of the Government, to be paid.

Employers’ liability and workmen’s compensation commission.

The limitation of the liability of the master to his servant for personal injuries to such as are occasioned by his fault has been abandoned in most civilized countries and provision made whereby the employee injured in the course of his employment is compensated for his loss of working ability irrespective of negligence.  The principle upon which such provision proceeds is that accidental injuries to workmen in modern industry, with its vast complexity and inherent dangers arising from complicated machinery and the use of the great forces of steam and electricity, should be regarded as risks of the industry and the loss borne in some equitable proportion by those who for their own profit engage therein.  In recognition of this the last Congress authorized the appointment of a commission to investigate the subject of employers’ liability and workmen’s compensation and to report the result of their investigations, through the President, to Congress.  This commission was appointed and has been at work, holding hearings, gathering data,