United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Patterson, 150 U.S. 65 (1893)

United States v. Patterson

No. 951

Submitted October 20, 1893

Decided October 30, 1863

150 U.S. 65

Syllabus

A commissioner of a circuit court of the United States is not entitled, under Rev.Stat. § 847, to compensation for hearing charges made by complaining witnesses against persons charged with violations of the laws of the United States and holding examinations of such complaining witnesses and any other witnesses produced by them in support of their allegation, and deciding whether a warrant should not issue upon the complaint made.

Although such services are of a judicial nature, and may be required by the laws of the state in which they are rendered, they cannot be charged against the United States in the absence of a provision of Congress for their payment.

This is an appeal from a judgment of the Court of Claims in favor of the claimant, and against the United States. The

Page 150 U. S. 66

claimant was a commissioner of the Circuit Court of the United States for the Western District of North Carolina, and as such commissioner performed certain services for the defendants consisting, as stated in the findings,

"of hearing charges made by complaining witnesses against persons charged with violations of the laws of the United States and holding examinations of such complaining witnesses and any other witnesses produced by them in support of their allegation and deciding whether a warrant should not issue upon the complaint made."

For such services, that court held that he was entitled to compensation at the rate of five dollars per day, and rendered judgment accordingly.