,UNiTED: ,STATES
tl.,
VAN DUZEE.
t rj i" 'j
No.1lS7.
1:.: ;OLil:1lX8 ,OF CdUlllt-+Ftill.mlt'ILING
DJ8CHAllGij:S, OF, ,WJ'l'IQl:SSES. " ;1'l1e .. ,I!:re to, g!ven by the atto'rney.to wI,tliesses for the,government, SInce Rev. St. U.S. § 877, prov'ides:tblit'such,witnesses :shall nQttlepart without leave of the court or the djatrlct and"it ill the ,practice to give them in drawing ,their pay marshal. 48 Fed.
2,
,
" " " ' '. Although there Is no law expreslilyrequiring the clerks oftha federal OOllrtll to ,take ,tile United Btatell collector, for fines paid by peroithe laws, yet, reo celpt's arl! 'f(WtIrll proper setthng Of the accounts of both clerks and collectors, 'thl!JY are" papers. ll, within theimeaning ,of .Rev. St. U. S.§'828, cJ. for filing or other paper. u, Aoob'uN-Ts. ,.' ' , Under'the rllle'of'cbutt requiringtb'e 'dlstriot' attorney to examine the make a written report thereon to the cpJ1rt.,suc.4 report"though not required by statute. becomes a part of the of th'e court, and the clerk is entitled to a fee for filing the same. affirmed. SAME-CERTIFlCATm;qF!,ALLOWANCE OF, A.COOUN'l'I!. ,
8.
1I.
. ,Act ,Gong. 22; ,187i>,.requirell, the accounts I,tHd vouchers of the marshal, clerk. and district aftor;hey tp be mal:le out in dupiIcate. the original to be forwarded to Washington', an"d t,hedUP,l,icate to be l'e,tained, by the clerk;, the papers forw,arded by a certified C9PY of the order of allowance. I[eld,thl!-t ,the latter paper part of tije youchers required to be . made in hence the clerk is not entitled to II: fee for duplicates thereof. 48 Fed. Rep. 643, affirlfied. " ," 5; S.urE,,","ENTRIEB OF 'SUJ3]\{!SSION AND Al'PBOVAL of,AccOUNTS. Under Act 001,lg. F.eb. ll2. 1875. requiring the, ()fficial accounts to be presented to the court in the presence of the district attorney or his assistant, It is necessary that an 'entry should be made, showing such submission; and the .,clerk.is entitled tOlL fee .for maktngthe same, as well as for entering the sub· . ,: disI1P;prb:val. Fed. ReP. 643, affirmed. , SA]\{E
4.
'The clerk is 'entltledtb compensatioi1'for services 'rendered in procuring the names of persons to serve as jurors, aod in drawing the juries for the terms of cpurt in Goodrich v., U. S., 42 Fed. ;Rep. 892, 48 Fed. Rep. 643. affirlI\ed. '
DRAWING,
"
SA]\{E-DUPLICATE' VOUCHERS' 01l' ACCOUNTS.
The clerk is entitled to fees for filing the and duplicates accompanying the aecOllntS9phe lI\,arshl!-l, since, by the iostructiolls of the depart· ment of jus1ice, he sending foi-ward the originals, to cer· tify that duplicates thereof are on' 1ilein his office. 48 Fed. Ret>; 648, affirmed: ' ":
Ik,SA]\{E-COPY OF BAlli :aj:>:!j'D.", .· f
_,,', :. St',l1. § ,l,l,ut.hC?,rlze,1I the Qn l j1b.ail bond their ·prmcipal. and to delrver blmto the marshal before a'Judge or commlttmg of.'fleer, and 'requires 'tW' ,latter, on request of the SUreties, to enter their exon· erRtlonul1on tile or,a certified copy thereof. HeU. that the clerk is not entitled to a fee from the government for making a certified copy for this purpose. BS'lhe ,Bllrtlti'es themselves should pay him for the same. 4B Fed. Rep. 643, affirmed.: , "
s.
:,';'
'
931 , SAME-ISSUING
Under Bt. U. S. §\1930, :not necessary to authorize a marshal to 'bring a priAoner atSi9ux City to Ft. Dodge for trial; and the clerk is not entitled foa fee for issuing the same. 48 Fed. Rep; 648, affirmed. . The clerk is entitled to fee fora certificate seal a copy ofan indict· ment furnisbed to the defendant under t4e ,ule of court. as it is the usual practice to certify copies of all partlil of the record furnished by the clerk. 48 Fed. Rep. 648, affirmed. ' As it is the duty of the clerk to approve recognizances in criminal cases. his indorsel'll,ent of appr()va,l thereon, in accordance with the usual practice. is the making of an entry or certificate. within the meaning of Rev. St. U. S. § 828. allowing a fee of 15 cents per folio for such entries. 48 Fed. Rep. 648. affirmed. The clerk is entitled to fees fot administering the oath ,to jurors. both grand and petit. when they prove up their uttendance before him; for the issuance of a certificate to each juror showing the number of days' attendance and the miles traveled. as a basis forthe marshal's payment; for entering the order requiting the marshal to pay the jurors, and for making copies thereof. foel' the marshal; and for making a report to the court of the per diem and mileage due the 'jurors.-:-since all these acts are required by the rule of court, and are useful checks upon thea,ccounts of both office.rs. 48 Fed. Rep. 643, af, tirmed, The clerk is entitled to fees for the certiticate and seal attached to the copy of the order for drawing juries, under the provisions of the statute and rules of court. as this is the proper method of furnishing that otllcerwith evi· dence of the court's order. 48 Fed. Rep. 643, affirmed. Accord:ing to the settled practice in Iowa, the final entries in criminal cases should contain the following papers, for which the clerks of the federal courts In Iowa are entitled to folio fees: The commissioner's order for ap· pearance before the grand jury; the entry showing the due presentment of the indictment by the grand jury; the indictment; the bench warrant, and return thereon; the arraignment and plea; the entry showing trial and verdict'; the sentence and final orde,rs, such a8 granting new trial, modifying or sus· pending seiltence, or directing manner and place of executing it; the mittimus and return showin,g the exe'cution of the sentence; and the entry of satisfaction when a tine is paid. But It should not contain the bail bonds or entries of default and forfeiture thereof, the orders for attachments of witnesses who fail to appear, the attachments themselves, or the return thereon. 48 Fed. Rep. 643, affirmed. The docket fee of three dollars in criminal cases does not include compensation for swearing the witnesses, and the clerk is entitled to the statutory fee therefor. 48 Fed. Rep. 643, atllrmed. Code Iowa. 4515, requires that when a prisoner is committed to the custody ofa jailer the latter shall be furnished with a certified copy of the entry of judgment. Heid that, when a prisoner is committed to the state jail under the sentence of a federal court, it is the duty of the clerk to furnish such certified copy, and he Is entitled to the statutory fee therefor. 48 Fed. Rep. 643, affirmed. ' SAME-COPIES OF INDICTMENTS. OF SENTENCE. .
,WARRA:N,T'.l'0 BRING PRISON)lJR FROM JAIL.
a
.
."
10.
SAllfE-INDICTMENT-COPY FtrRNISHED TO ACCUSED.'
11.
SAME-INDORSING ApPROVAL OF RECOGNIZANCES.
12.
SAME-PAYING JIJ,RORS. · .
18.
SAME-QRDER FOR DRAWING JURORS.
14.
SAME-F!NAL ENTRIES IN CRIlIUNAL CASES.
Iii.
SAME-SWEARING WITNESSES.
16.
17.
When. the clerk. upon the written order of the district attorney, furnishes him with copies of indictments containing numerous counts against the officers of a national bank, and it Clearly appears that such copies are necessary for the proper preparation of the government's case, the clerk will. be allowed folio fees therefor. 48 Fed. Rep. 648, affirmed.
9a2 .' """ 18. SAJ,[E-MITTIMUS. . . WheR-,a.prisoner fs ordered to beco)iflned until his I. paid, the clerk I. entitllld'tR,fElesfor issuing.the niittl;nJJII;for filing tbe same. when returned by the for enterlDg bis 48 Fed. Rep. 643, affirmed. 19. SAMlIl-VOU(''lIERS. Tbe order of the court of the northern district QfJowa. directing the marthe necessary record, books forthe Ceda;!:' Rapids division of th!l. ].1 rl.ct,.,con.stitut.!ld th,e,..p.rope.r .vo.u c. . . for his eK,P.,.Einditures; and, as he is to tile with 'the clerk a duplicate of all vQucpers which accompany hisliccoti'nt'; the clerk wall entitled to fees for furuisliing duplicates of the order. 48 Fed. Rep. 643, affirmed.
the Distric.t Court of the United Districtil[Iowa. Affirmed. Statement by the court:
'for the Northern
This br<;mght oy the aPPlIllee against the United States to recover fees, aHeged .to 'be due him as ct and circuit .courts of the United B.tat.es f.O,. n. 0. r.t.h.·e'rn diStrlct,9.fJ.9\V:. . '. The. U.nited d.emurred to the sevt11e comlll,a.l,J?,t: . court 8!1stalned the as to o.e ... .· .0.lI:us.es Of. . . u.l\l, complalu. rJ and overruled It as to others; .ThelJ'nited Statel! elected 'tqstand upon heraemurrer, and thereupon for the 'Hems of the account or overruled,.!'nd the United States appealed. "'TheopIDlOn oftl:i6 mlltrll:!t' coutt, reported In' 48 Fed. Rep. 648, contains an accurate statement of facts relating to each item of the account, and, as this court agreeswiththe lower court in ·its conclusions of law upon thll facts found Iil:.to;all:items lis to demurrer was overruled;the opinion of that court-is;hel'e'giv0n in' fu11,apdrls as: follows:· . , ."8H!tRAs;,\fnege·. Attached,wlthe, petition in this cauilels'8n itemized account of the work done andservicils tendered fbr which the.pls.'intiff seeks to recover judgment. The demurrer the question whether-the items inclUded ill tP.llltCQ.O,uptcpllle witPin G1Mises of services for which ,tbe plaintiff, as clerk 'r\the,c'Q,I'rt,!!ll"/:lntitled tR t,rom the !' ,: questIOn lItrllln; oll..ilcharge for filing, the discharges to .:IV:ltnellses ilp:p1mO,ned .on, behaJf;9P4ljl go.vernment bytp.e,distril;:t attorney.. Section . ... . . t.hat. w.itnesses. il.um.moned to atten.d court qti Uuited8tates be subpoen aed generally, and not in a particp tfro.m.}h.e .c<!urt Wit.hout leave o. ,the.' court u.Ja.r e .·.·.·.,d.t. .. t/1ey Shall. n 9'. d.·E. . . e or of tl!.·e,.. Under .tllll ,rule of thIS CO,urt, before a wItness can llii!J'>ay.f1',tim the marsh;al. be.ill to. obtaIn from the clerka,certiti· ...q.w ...,.,.I,l.m.b.er ... f . . /Ince and to which he . enticate Sh . .·. ,tleq, and Jo the. clerk must know the on wblcl;.\jtbe ;l;v.ltlle$S ,IS tro.m,.attllnc'lallce, and also.the fact that he has obtained the proper leave from the district attorney. It is an,d has been the settled practice for years in this district for the district attorney to furnish to the witness a written discharge, is tiled with th!l clerk, and upon which in turn the clel'k'blllleB. tne certificate' which pil 'gives the witness as evidence for the guidance of··the marshal in paYing the'wltness the sum. due him. There can be no possible question that it is the' duty Of the district attorney to furnish the written discharge as evidence of the leave granted thewltness to depart from th!l court, .Qo"reason is peroeivedw.hy It:is not the duty .of the clerk to file and preserve,tbisdischarge for his·QwnprotectiQn and for that of the witness. If a witness dnJysummoned. and in .l!.Uen,dance. should departwithout leave of the courtoroftlwdistrict liable as for contempt, and hence it is entirely..pvPJ)er that the tilesor the recoJld should show that leave had been granted. If a witness should apply. under the statute, to the court for leave to depart. and the same should be Kranted. the reGord. would cOntain an entry to that,!lff,\lct. !tnd t!lC same the clerk would be entitled'to his fee. When the leave is by order of the district attorney, the discharge should be1iled. so as to as part of the record of the proceedings of tl,Je court. and, in either the <Clerk is entitled to the statutory fee for making t11e record or filing the . , Q. 9.
UNITED STATES tI. VAN DUZEE.
933
"8econd.' The second item in dispute is the charge for lIling receipts of the United States collectors for fines paid in by or collected from persons for violation of the internal revenue laws. Under the regulations of the treasury department, the clerk is required to pay allllnes collected in revenue cases to the collector of the proper district. As evidence of the receipt thereof the collectnr executes written receipts which operate in the double capacity of evidence show· Ing that the collector has become liable to account for the money thus received, and as evidence that the clerk has performed his duty of payment to the proper officer. The argument in support of the demurrer to this of items is that there is no law requiring the taking or filing such receipts. and therefore the same are not· papers.' within tbe meaning of the third clause of section 828 of the Revised Statutes. It certainly cannot be possible tbat the government seeks to have it declared to be the law that the clerk is not required or expected to take receipts for moneys thus paid to the collector. It cannot be that tbe depart· ment would be satisfied with a practice of the clerk paying hundreds of dollars to the collectors, without written evidence being taken of such payments. The proposition is its own refutation, and it is entirely clear that it is the duty of the clerk. when these payments are made, to take proper receipts from the collectors, not only as evidence for his own protection, but as evidence on behalf of the government, showing that the collector has become liable for the amounts thus paid him. Such receipts are not the private property of the c1erk,but shonld be kept in his office as part of the official papers. there to remain for the benefit of the government, and as evidence useful in settling the accounts of the clerk and the accounts of tbe collectors, and as such they form part of the recotd of the particular cases in which the fine has been collected and paid over. Such receipts are part of the papers connected with the case, are properly filed as such. and for such filing the clerk is entitled to the statutory fee. ' " The next item in dispute is the fee charged for filing the writteineports made by the district attorney in regard to the accounts of the marshall clerk, and commissioner. By a rule of this court; duly adopted and spread upon the record, it is provided that. when the reports of the officers named are'filed.. they must be submitted to the district attorney for his examination. and heia tequired to make to the court a written report of the result of such examination.' The argument made in support of the demurrer that the act of February 22,'il875: does not call fora written report from the district attorney does not meet ,the question. This court has the right to adopt rules for the conduct of business be' fore it. and. as already stated. it has adopted a rule requiring the district attor.ney to make an examination of the accounts of officers and to report thereon in writi ing.Theaccounts of officers are voluminous, and require that kind of exami' nation that cannot well be given them in open court. The requirements of the rule of court are iu addition to those of the act of 1875, and are intendedas:ab additional safeguard against the allowance of illegal fees. Under the rules it is the duty of the district attorney to make a written report of the result of his:ex, amination of each acconnt. and it is the duty of the clerk to file such report when· made, The report is a paper lawfully filed as a part of the re'cord of the COllrt, and the clerk is therefore entitled to the usual fee for such filing. . ,.. Fourth. The next items demurred to are the charges made for duplicate cop; ies of t)l.e orders of court approving the accounts of the marshal, clerk. and district attorney. The act of February 22. 1875. requires that the accounts of th'6 officers named and the vouchers thereto sball be made in duplicate, the original to be forwarded to Wasbington and the duplicate to be retained by the clerk. In order to entitle the original to consideration and allowance by the department, 't is required. that duly·certified copies of the allowance by the court shall accompany the' accounts. yet these orders do not form part of the accounts and vouchers of which a duplicate is required to be left with the clerk. The' dupli. c-ate' named in the act is the duplicate of the accounts and the vouchers, and does not include the orders of the court, To these items the demurrer is sustained. .· li'tjlh. The fee charged for entering upon the record the fact of the submission of official accounts to the court is demurred to on the theory that the act of February 22, 1875, only requires the entry of the orderof approval or disappro\Tal. The usual practice is that. in accordance witb the requirements of the statute, the account is presented to the court in the presence of the district attorney or his assistant,and is supported by the oath of the party. Thereupon the court, as soon as possible. examines the account in detail, and then makes the final order.
934
,:.PEPERAL.REIWRTER\
vol. 52.'
'precludes ,the 'enteting the app.toval at the time oil tbe ,entIIYHof" the :liaet of sU'hmislriolldn open court,anrl"heuce the need of twoentriellL "The lIoctof1875 reqlllre:S,tbat the record shall'show tb.atthe district attolloeyd)' IbieBssistantwas pre_t io, cQurtwhen the aecount ,is :submitted, ano'heuce:there must be a record entrlY' Of tbe fact of the presentation of the account in,openc<lortin pres8'nce,of,tJ)reattoroey, and thss,tllitute further requires a re.cordl en,ttyof 1the final ,order of approval or' disapproval.'iThe clerk has no control'over'theselmatter·s.. If the court,receives tbe presentation of the account upon onedAyHt,is.the doty of the clerk liO make the proper entry' of tbat fact in the proceedings,for that day; and tlHm,when the court, upon another day, renders itsdecision"a\ldorders the apIlrovalof the account, the clerk must make the proper 'entrv, thereof. For such entries he is entitled to the proper fees. , "1:3!3J1/t. ,The next poillit arising'.ilponthe, t1emurrer is. wllether the clerk is en· titled, to the compensation for services ,rendered in procuring names of parties to sene as jurors and in drawing the juries for the terms of court in the district. This question has been adjudged in this circuit .in favor of the right of the clerk to compensation for such servifles, See opinion of Judge OAIlDW!llLL in Goodrich v. u:. 8..42 Fed. Rep. 392, ..,Helying upon the ruling in that case, the demurrer wilLbe overruled' to these items of charge in the present cause. " Exception is next taken. to the charge made for filing the duplicate vouchersaoeompanying the accounts of the marshal. These accounts and vouchel's pass under the control of the clerk, as they are reqUired to be presented to the court iathe first instance, and tben,upon approval, the clerk is required to forwardthll original ae,coUnt and the original vOllchers to the department at WashingtoJland to retain the In the instructions issued by the department of justice to the clerk, (see Register 1886, p, 265,) the clerk is required to certify, when forwarding the origitllliis of the accounts and vouchers, thatthe duplicates thereof are on·flle in· his office. The3e papers are therefore matters that areto:beftled, ;and under the roling of BREWER, J.,.inGoodrich v. U. S., 85 Fed. Rep. ;theolerk had therightto:file each paper and to make the statutory charge therefor. ' 'J,,' ..' " BiglUk.; The· next item ,demurred to. is a charge· for a certi:fied copy of arecognizance.in,a case,wllereinthe surflti.,sthereon caused the rearrest of the party under indictment. SectionlQ18 of the,Revised Statutes authorizes the sureties to arresttheiNlrincipal, andbefol'e 1\ judge or committing officer to deliver him to the marshal, end at· the· request of the bail it is made' the duty of the judge or commitHugofficer to enteruJ:lon .the re!lognizance, or acertUled copy thereof, the exoneration of the ball. Under this section, it would seem to be the duty of the ball'to 'proeure and pay for the certified copy of the recognizance in case they desil'edto;llaT,e the exoneration indorsed thereon. To authorize the rearrest of the principal. and his deliver)' .to the custody of the marshal,.it is not necessary that the recognizance ora.copy thereof should be procured in the first instance, and need therefor does not arise unless the bail desires to ask the entry of dischargethllreon·. The copy, if made, is not furnished to the marshal as evidence of his right to receive the prisoner, for .that is based the action of the sureties taken before<the judge or officer; .but it is furnished the sureties in order that they may;, it they choose"have entered thereon a dischar,ll'e of liability. The clerk is llntitled .to demand a fee from the bail, when they demand a copy, but soch fee is not a proper charge against the United States. "Ninth· .The demurrer mUst also besnstained to the charge for issuing warrant to the marshal to. bring a prisoner confiniedat Sioux City to Ft. Dodge for trial. Strictly. under sectionl080Qfthe Revised Statutes, a formal writ or warrant for that purposewBsnot. needed,. ,and, treating the warrant 8S in fact a copy of the order for bringing the pr\sl'lllCrto Ft. Dodge,.no fee is chargeable therefor under the provisions of thes6ctloD just cited. " 1'enth.Exception isal.sotaken to the charge for certiticateand seal attached to the copy of the indictmoanUurnished on demand to. the defendant in tbe case of u: :Parquette, underth.e.provisions Of the stantling rule of this court. It was thlldntY'Qf the cler,k to furnish the copy, and ltis' the usualrnle that copies of all partaof.the.,record,"whenfurnished 'by the clerk,sh81l be duly certified by the clerk. .; The .charge is··al1owed. ' ., · " Blevent1l"The Dext item excepted to is the folio charge fot the approval by the clerk of given in certain criminal cases. It is. the duty of the clerk to approve these, bondll, and:. is the practice to evidence such approval by a
UM'1'ED STAm". TAN DUZD.
935
written ll'lltry orcertlll.cate o.f approvalUpon the faceQr back of the bond. This Is the making of an entry or derti1icate. within the language of section 828 of th. Revised Statutes. and the folio fee of 15 cents is chargeable therefor. "Twelfth; The next class of items to which exception Is taken Is that including charges for administerinjl; the oath to jurors. grand and petit. when they are provo Ing up their· attendance before the clerk. for the issuance of a certificate to each juror sh0wiugthe number of days be has attended court and the number of miles traveled. u!thebasis for the. action of themarsbal in making payment to the juror,for the order directing the marshal to pay the jurors, for making copies of such order for the matlhal, and for making report to the court of the per diem and mileage due the jur6fs,as the evidence upon which the courtre· lies in making the order for payment. The clerk is required to perform these services in carrying out the requirements of the rule adopted by the court. reg· ulating the manner in which proof of the amounts due jurors is to be furnished. When the jurotsare discharged from further attendance, the requires thel;D togo to the Clerk, and upon a proper book prepared by hIm to enter theIr names, places of residence, days of attendance, and number of miles of travel, and, as evidence of the correctness thereof, they aretequired to make' oath thereto. Thereupon the clerk makes out and furnishes· to each party a certifi· cate shoWing the days of attendanoe and miles traveled and the amount due. Thiscertitlcateis submitted to the marshal, and thus he Is furnished with a check npon the juror. When the acc61lut 9f the marshal Is made out for submission to the court. the rule requires that it shall be first submitted to the clerk, who Is required to compare the payment made with the facts appearinjl; on his book or record. and, If they agree, he is required to make a certificate of that fact upon tire account of the marshal. Thus there Is put in operation a check upon'the juror, and also upon the marshal, for his account will not be approved unless it agrees with the clerk's record. The court is also required to make an order di· the payment of the sum due the jurors. and as the basis therefor the clerk IS required to make a report to the court of the names of the jurors and the amount due them. Thus It Is made the duty of the clerk to perform each act for which the fee is charged, and. as they are all services of a character for which the fee bill provides payment, the clerk Is entitled to pay therefor. " Thif'teenth. Exception is also 'taken to the for certificate and seal attached to copy of order furnished the jury commissioner directing the drawing of juries under the provisions of the statute and rule of court. It is the proper practice to furnish to the commissioner the evidence of the order made by the court requjrlng him to aid I'll summoning a jury. and what better mode for 80 do· Ing can be suggested than by sending him a certified copy of the order? The charge, therefore, is allowed. .. Fouf'teenth. Exception is next taken to the folio fees charged for making tinal entries in a number of criminal cases. The purpose of the tlnal entry is to bring together in compact form upon the record the evidence of the material steps taken in the given case. Under the rule and settled practice in Iowa, there. should be included. of the items claimed in the account attached to the petition herein, in the final entry, the commissioner's order for appearance before the jury; the entry showing the due presentment ofthe indictments by the grand Jury; the indictment; the bench warrant and return thereon; the plea of defendant. including the arraignment; the entry showing trial and verdict; the sentence and final order or orders of the court. such as order granting new trial or modifying or suspending sentence in whole or in part, or mode or place of carrying into effect the sentenced imposed; the mittimus and return of the officers showing the execution of the sentence; and the entry of satis· faction when the sentence, by way of fine, is paid. The final entry should no.t include the bail bonds, the entry of· default and forfeit ore thereof, orders of attachments for witnesses who may fail to appear, the attachments, and return and the order made thereon. These do not constitute any part of the proceeding'$ against the defendant named in the indictment, although they grow out of I&, &lId hence are not proper parts of the final entry or record. .. Fifteenth. Exception is taken to the charge for administering the oath to witnesses In criminal cases. It being argued that the docket fee of three dollars includes services of this nature. The fee bill (section 828) expressly provide8 for a fee of 10 cents in administering oaths, and in Van IJuzee v. U. S., 140 U. 8. 199. 11 Sup. Ct. Rep. 941, it is expressly held that the docket fee of three dollars
is"ifiteIlt!EldutO;lQ!tVllr, case, minutes on cal6J1ual';, aiUll.WJl:)ll"gt;1le!<"!,ncideD as areno.t coverl.ld by other clauses the ,oatl:l, +,or, '\V,J:I."iC, ij compensation JliUxprosely; s,tatute. ap,d, the fee therefor is prnperlJ;ob1\rgeable., i:»',!",' .; . " :' ahp.1:Daqjlto the seals t,o thereon, III casllswhereln a prISoner IS made place wherein the sentenoeie.tlie1)e.,"rr!ed out.:! the Revised Statutes provides that. w.hen.. a priJiQnol' tll,delivered ,or u\lder a warrant, or mitshall sheriff and jl,liler, and the marshal's return shallhelmadll on the orlgipal.The statutes of low.a (section 4515, Code) require, that,..When wmrpi\ted to the custpdyof a keeper of a jail or prison,a certified copy; oftbe'Ellltryof judgment shall:bll !urnis4ed him. Cerd to a state jail. under tainly it if! t'heproper practicew:,l:te,J:1 p ri,sonere, ,are, sentence of aeourt of the that there shaUbe' fmnished to the jailer the evidence which the state .requires hilD to demand before he will receive Bi pl'isonl!r'under his cUBtodY.'l'4e copy of the judgment entry shows the lermsof·the.sentence, and the,ordershOWB where sentence Is to be carried out. whichds, a necessity, in o! seutence in thll fe,cleral courts. These copies. when delivered, to,the jaller.oaret!:le evjdence upon whicl1 :he relies as proof of his authorityto,holdthe pris(\nerincust04y. Clearly"thexefqre. the copies should be certified the jailer heefurnished him that :which, on its face, bears evidence of its official character. The copies, in the mittimus requiredbys8etiQD lOOSof tbe.RavisedStatutes, and Jhejailer is entitled to deillanU an otliciti. iCOJ)Y thereof b'efore he can be required ,t9 assume the charge of the prisoner, 'and this requites that th,e olerk shaU maketha proper certificate with his official sea1attachedrandfor so doing he then bepomes entitled to the statutory fee. . ., i ' ,,' "'SevenfMn:tlt. Exceptions ,are next taken to the folio fee for making copies of certain indictments, and certifying'the'same at the request of the district attorney. These indictments were found, officers of a national bank, and contain many counts. The' chltrge therefor. was allowed by the court, when the clerk's aceountwas originally, passed on, because the court knew the character of the cases; the large number ofcounts::in the indictments·. ,and that, to enable the district atterney to prepare the causes for trial, it was absolutely necessary thM he should .have, for hiso,wn use, & copy. of the indictments which set forth in detail tbevarious acts counteq;as violations of the banking act. The facts upon Which the allowance was made dearly proved the need of furnishing to the district attorney the copies charged for. and, as the services, were rendered by the cletk in aid Of, prosec13tion instituted, by, the government, and upon the written order of the district attorney.the.court. in upon the account of the clerk, alIowed tbe foHo.,feesfor the copies, and the fee for and seal. and also foJ' tiling the written order or praecipe.·The ruling then made is now affirmed. ,," Eigltteentlt; 'Exception is also taken ·to the fee charged for issuing a mittimu8 in causes the defendant is ordered to be imprisoned until the fine is paid, and fol' fiUng'iame when returned by the marshal, and. for.entering his return thereon. The; <mittimus is thewatrant: issued to the marshal,rlirecting him to comniit 'the 'defendant to custody as .required by the sentence, without which the matsh/lo} would'oot be justified in committing the defendant to jail, and its issuance Rnd rettlrnare nect-ssary steps in carrying out the judgment or sentence of the court. The fees charged for these services are therefore allowed. "Nineteenth. The last item demurred to is the charge for the making duplicate cOJ)'ies of the 'order of the court. directing the marshal to procure the necessary record books for use In the Cedar Rapids division 'of this district. Theae copies of the i>rder are in themselves vouchers for the benefit of the marshal. ,He is entitled to a certified copy of. the order of the court aathe evidence of his authority to procure the requisite books which form part; at least. of the papers which vouC;:h fOr the proper outlay made by him in this 'particular, and he is required to filE! with the clerk a duplicate of all vouchers which accompany bis account. andheneetbe need for duplicate copies of the order made. The total sum s.iled for'is $714:40. Under the conclusions reached as herein announced, the clerk is entitled to $666.90, the remainder of the sum total being disallowed, and jUdgment will therefore be entered for said amount of $666.90."
AMERICAN CaNST. co;
V.
JACKSONVILLE, T.
&
K. W. RY. co.
937
The assignment of errors covers every ruling of the lower court which allowed to the plaintiff below any item ofbis account. The plaintiff did not appeal from the judgment disallowing certain items of his account. and hence the correctnesl of the ruling of the lower court as to those items is not before us.
Maurice D. O'Connell, U. S. Dist. Atty., for the United States. A. J. Van Duzee, pro Be. Before CALDWELL and SAl\BORN, Circuit Judges. PER CURIAM. Weare satisfied with the findings of fact and the conclusions of lawreached by the learned district judge who decided this case in the district court as expressed in his opinion, and the judgment of the district court is therefore affirmed.
Al!IERICAN CaNST. CO. v. JACKS6NVILLE,
T. & K. W. Ry. Co.
'(Oircuit Oourt, N.D. Flor:!da. November 19, 1892.)
1.
CONTEMPT-l'ROCEDURE-PETITiON AND RULE FOR ATTACHMENT-TIME FOR ANS"lvER.
Petition and rule for attachment is a' proper method to pursue in a proceeding for contempt in disobeying an order of court, although not the only remedy; ana, when a cppy of such petition containing the specific clil\rges is served on aefendant, six days is sufficient time in which to make answer thereto, or to ask for addi· tional tim(il iu which to make such answer. Ona motion for attachment against a railroad company and its officers for'contempt violating a temporary injunction and an order appointing a receiver, ,an objection that the motion does not specify any person by name, whom it is sought to attach, cannot avail, when such officers are well known to the court, have been servedw,ith a copy of the petition, have appeared in their official capacity, and as counsel in litigation connected with the road, and when a proper order, if necessary, may be made from the record. ,
la.
SAME-PROCEEDING AGAINST CORpORATION AND OFFICERS.
SAME-WHAT CONSTITUTES;
After a receiver of a railroad has been appointed, a collection by the vice president of money due the company under a mail contract, and depositing same in bank ,to the company's credit, alldattempting to dictate what disposition thereceiver should make of it, constitute contempt. An order appointing.a receiver of a railroad company among other things provided that "all the books, vouchers, and p'apers touching the operation of the road ,. should be delivered by its officers, servants, and agents to such receivers. Held that the order included all books relating to the previous history of the corporation' and all records of its transactions, and was not confined to books relating to the future operation of the road, or to such as the receiver might specifically demand. When an order of court appointing a receiver of a railroad company provides for the deHvery to such receiver of "all and every part of the properties, interest, effects, moneys, receipts, earnings, It etc., such order embraces the company's seal.
4. RECEIVERS OF RAILROAD COlllPAl>IES-ORDER FOR DELIVERY OF BOOKS-INTERPRETATIO:-r.
5.
SAlliE-ORDER FOR DELIVERY, OF PROPERTY.
On Motion for an Attachment for Contempt. Motion granted. BiBbee &: Rinehert, for complainant. Cooper &:Cooper and T. M.Day, Jr., for defendant. SWAYNE, District Judge. This is a motion by the complainant company for an attachment against the, defendant company and its officers