Evolution of Fee Systems in the United States. 
151 
Taking up the constitutions and charters in this way, we find 
in the early charters no reference to the fee-system whatever, 
with the exception of provisions to the effect, that judges and 
chancellors shall receive and collect no fees other than those 
fixed by law. Such a provision was contained by six of the char¬ 
ters and constitutions of the last century, and by seven of the 
constitutions framed after 1800. 1 This shows that the early 
colonists attempted to guard against the extortions which they 
had experienced in England, and that they feared the power of 
unscrupulous judges. This provision was especially significant 
in the Charters, because the judges were appointed by the 
Crown. Other provisions in these early charters were to the effect, 
that the fee-bill of judges should be posted in conspicuous 
places; 2 that the Justices of the Peace should charge no fees ex¬ 
cept those allowed by law; 3 and that no clerks of court should 
be allowed to colleet any fees except those fixed by law. 4 
As soon as the colonies had achieved their independence, new 
questions began to show themselves in the constitutional pro¬ 
visions concerning fees. The people had come to the conclu¬ 
sion that the judges would perform their functions better, if 
they were in no way interested financially in the cases to be ad¬ 
judicated; and so by special act the legislatures had already 
in many cases placed the higher judges on salaries instead of 
fees. To prevent any return to the old system, a provision was 
inserted in most of the constitutions 5 adopted after the Revolu- 
1 Va., 1776; Vt., 1777, Sec. 23; S. C., 1776, Art. 24; Penn, 1683, Art. 9, and 
1776, Art. 2, Sec. 30; Md., 1776, Art. 52; Ohio, 1851, Art. 4, Sec. 14; N. C., 
1828, Art. 3, Sec. 15; Neb., 1866, Art. 4, Sec. 6; La., 1845, Art. 71; Ark., 
1836, Art. 6, Sec. 8; 1864, Art. 6, and 1865, Art. 7, Sec. 19. 
2 Constitution , Pa., 1683, IX. 
3 Pennsylvania, 1776, Art. II, Sec. 30. 
4 Arkansas, 1836, Art VI, Sec. 8. 
5 The following is the order in which this provision appears in the con¬ 
stitutions of the several states: Pa., 1776, Art. 2, Sec. 23; Tenn., 1796, 
5, 3; Del., 1792, 6, 3; Ohio, 1802, 4, 14; Ala., 1819, 5, 11; Me., 1820, 5, 2; 
Mich., 1835, 6, 2; Fla., 1836, 5, 5; N. Y., 1846, 6, 21; Ill., 1848, 6, 16; Cal., 
1848, 6, 11; Wis., 1848, 4, 10; Va., 1850, 6, 14; Kans., 1859, 3, 15; Ore., 1857, 
13, 1; Nev.. 1864, 6, 10; La., 1846, 78; Ga., 1865, 4, 3; Md., 1862, 4, 37; S. C., 
1868, 4, 9; Neb., 1866, 4, 7; Tenn., 1870, 6, 7; Ark., 1874, 6, 8; Col., 1876, 
0, 18; Mont., 1889, 8, 30; Id., 1889, 5, 15; S. D., 1891, 5, 30. 
