United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Barber, 140 U.S. 164 (1891)

United States v. Barber

Decided May 11, 1891

140 U.S. 164

Page 140 U. S. 165

MR. JUSTICE BROWN, after stating the facts, delivered the opinion of the Court.

It was admitted that the petitioner was a commissioner of the circuit court, that he actually and necessarily performed the services set forth in his petition, and that his accounts containing those charges were duly approved by the district court, as required by law. Objection was made by the government to the allowance of the following items:

1. "Drawing complaints." In the case of United States v. Ewing, ante, 140 U. S. 142, we held that where the local practice required a magistrate to reduce the examination of the complaining witnesses to writing, an allowance for drawing the complaint,

Page 140 U. S. 166

as "for taking and certifying depositions to file," was a proper charge, under Rev.Stat. § 847. By section 4256 of the Code of Alabama, it is provided that

"upon a complaint being made to any one of the magistrates specified in section 4680, that such offense has, in the opinion of the complainant, been committed, the magistrate must examine the complainant and such witnesses as he may propose, on oath, take their depositions in writing, and cause them to be subscribed by the persons making them."