United States v. Allred
155 U.S. 591 (1895)

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U.S. Supreme Court

United States v. Allred, 155 U.S. 591 (1895)

United States v. Allred

No. 552

Submitted December 3, 1894

Decided January 7, 1895

155 U.S. 591

Syllabus

A commissioner of a circuit court is an officer of the court, authorized by law, and is entitled to his fees in the following cases when certified by the court as correct:

(1) For entering on warrant the judgment of final disposition of a case, when required by rule of court.

(2) For making transcripts of proceedings, when required by rule of court, to be sent up to court.

(3) For making and certifying copies of subpoenas for marshal to serve on witnesses, when required by rule of court.

(4) For making report to clerk of court and Commissioner of Internal Revenue of cases heard and disposed of under the internal revenue laws, when required by rule of court.

(5) For making entries on the docket in various cases of the name of an affiant, his official position, if any, date of issuing warrant, name of defendant and witnesses, and final disposition of the case, when required by rule of court.

He is also entitled to his fees for administering oaths to deputy marshals to verify their accounts of service, when the regulations of the Department of Justice require such officers to certify on oath that their accounts rendered to the marshal are correct.

This was a claim for fees as commissioner of the Circuit Court for the Northern District of Georgia. Appended to the petition was a statement of the items of the petitioner's account. The Court of Claims, upon the evidence, found the facts to be as follows:

1. The claimant, John M. Allred, was a commissioner of the Circuit Court of the United States for the Northern District of Georgia from May 28, 1889, to March 31, 1892, duly qualified and acting.

2. During said period, he made up his accounts for services, duly verified, and presented the same to the United States court for approval, in the presence of the district attorney, and an order approving the same, as being just and according to law, was entered of record. Said accounts were then presented

Page 155 U. S. 592

to the accounting officers of the United States Treasury Department for payment. Part was paid, but payment of the items embraced in finding 3 was refused.

3. (1) For entering on warrant the judgment of final disposition of the case, as required by rule of court, one folio each at 15 cents each, $53,55.

Rule 6 of the circuit court, requiring this service, is as follows:

". . . And, after holding an examination, he must enter in the blank on the back of the warrant his final action, in which, if bound or committed, he shall specify the particular offence or offences for which the party is held."

(2) For making transcript of proceedings in various cases, as required by rule of court, to be sent up to court at 15 cents per folio, $62.65.

(3) For hearing and deciding on criminal charges in various cases, where the proceedings consisted of taking bail, and passing on the sufficiency thereof, six days at $5 per day, $30.

(4) For issuing separate warrants of arrest for certain defendants, charged with separate and distinct offenses, committed at different times and places at $1 each, entering return, 15 cents, and filing, 10 cents, $67.40.

(5) For drawing reports of attendance and mileage of witnesses, and orders for the marshal to pay each witness, in duplicate, in excess of 60 cents in each case, and administering oath to witnesses, as to attendance and mileage at 10 cents each, $37.

(6) For making copy of each subpoena for marshal to serve on the witness at 10 cents per folio, with certificate at 15 cents each as required by rule of court, $24.35.

(7) For issuing warrant of commitment of defendants to jail for further examination in default of bail, entering return of marshal, and filing same at $1.25 each, $5.30.

The jailer would not receive a prisoner without a warrant of commitment, and the marshal had no place to confine the prisoner, outside of the jail.

(8) For making report to clerk of court and Commissioner of Internal Revenue of cases heard and disposed of under the

Page 155 U. S. 593

internal revenue laws, as required by rule of court at 15 cents per folio, $7.20.

(9) For administering oaths to deputy marshals to verify their accounts of service, as required by the Attorney General and accounting officers of the Treasury at 10 cents each, and drawing jurats to same at 19 cents, $18.25.

(10) For making entries on the docket in various cases, consisting of name of affiant, his official position, if any, date of issuing warrant, name of defendant and witnesses, and final disposition of case, as required by rule of court at 15 cents per folio, $43.50.

(11) For filing and entering 131 separate papers filed in various cases at 10 cents each, $13.10.

(12) For administering oaths to witnesses to testify in various cases at 10 cents each, $4.40.

Upon the foregoing findings of fact, the court determined, as a conclusion of law, that the claimant should recover, except for item 5 of finding 3, the sum of $329.70, for which amount judgment was entered, and defendant appealed.

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