APRIL 15, 1924, 3 COMP. GEN. 765

APRIL 15, 1924, 3 COMP. GEN. 765

FEES OF UNITED STATES COMMISSIONERS A UNITED STATES COMMISSIONER IS ENTITLED TO A PER DIEM FEE FOR HEARING AND DECIDING ON CRIMINAL CHARGES FOR THE DAY OF ARRAIGNMENT, ALTHOUGH NO WITNESSES ARE EXAMINED, IF DEFENDANT PLEADS NOT GUILTY AND CASE IS CONTINUED TO A SUBSEQUENT DATE, PROVIDED NOT MORE THAN ONE PER DIEM MAY BE ALLOWED FOR ANY ONE DAY. THE ISSUANCE OF A WARRANT OF ARREST INCLUDES THE DELIVERY OF THE WARRANT TO SOME PERSON AUTHORIZED TO SERVE IT, AND A UNITED STATES COMMISSIONER IS NOT ENTITLED TO THE FEE FOR PREPARING A WARRANT OF ARREST WHICH IS NOT SO DELIVERED. A SPECIAL AGENT OF THE DEPARTMENT OF JUSTICE IS NOT AUTHORIZED TO SERVE A WARRANT OF ARREST.

COMPTROLLER GENERAL MCCARL TO UNITED STATES COMMISSIONER HIRAM A. SIMONS, APRIL 15, 1924:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 15, 1923, REQUESTING REVIEW OF SETTLEMENT NO. C-16400-J, DATED NOVEMBER 26, 1923, WHEREIN WERE DISALLOWED CERTAIN ITEMS IN YOUR ACCOUNT FOR THE QUARTER ENDED SEPTEMBER 30, 1923, IN THE AMOUNT OF $11.20, REPRESENTING CHARGES FOR HEARING AND DECIDING ON CRIMINAL CHARGES ON DATES OF ARRAIGNMENT, THE DEFENDANTS HAVING ENTERED THEIR PLEA OF NOT GUILTY AND THE CASES CONTINUED TO A SUBSEQUENT DATE IN ORDER THAT WITNESSES MIGHT BE PRESENT, AND FOR MAKING COPY OF COMPLAINT, ISSUING WARRANT OF ARREST, AND ENTERING RETURN ON SAME.

THE ITEMS ARE AS FOLLOWS:

ITEM 1. PAGES 5 AND 8--- CHARGE FOR PER DIEM ON DATES OF

ARRAIGNMENT, TWO CASES AT $5 EACH ----------------------- $10.00

THE PER DIEMS WERE DISALLOWED FOR THE REASON THAT THE

ACCOUNT DOES NOT SHOW THAT THE DISTRICT ATTORNEY WAS

PRESENT., OR THAT ANY WITNESSES WERE SWORN OR

EXAMINED.

IT HAS BEEN HELD BY THE FORMER COMPTROLLER OF THE TREASURY AND BY THIS OFFICE THAT THE EXAMINATION OF WITNESSES IS NOT NECESSARY TO CONSTITUTE A HEARING AND DECIDING ON A PRELIMINARY EXAMINATION BEFORE A COMMISSIONER. 7 COMP. DEC., 578; 3 COMP. GEN., 452.

AN EXAMINATION OF THE VOUCHER SHOWS THAT THESE DEFENDANTS WERE ARRAIGNED BEFORE YOU AND PLEADED NOT GUILTY AND IN ORDER TO HAVE WITNESSES PRESENT AT THE HEARING IT WAS NECESSARY TO CONTINUE THE CASES TO A LATER DATE. THE ACCOUNT SHOWS THAT NOT MORE THAN TWO PER DIEMS WERE CHARGED IN ANY ONE CASE NOR MORE THAN ONE PER DIEM FOR ANY ONE DATE. THE ITEMS ARE ALLOWED.

ITEM 2. PAGE 6.--- CHARGE FOR MAKING COPY OF COMPLAINT 30 CENTS,

ISSUING WARRANT OF ARREST 75 CENTS, AND ENTERING RETURN

ON SAME 15 CENTS; TOTAL --------------------------------------- $1.20

THE ITEMS WERE DISALLOWED FOR THE REASON WARRANT DELIVERED TO SPECIAL AGENT, DEPARTMENT OF JUSTICE, NOT AN OFFICER AUTHORIZED TO SERVE WARRANT OF ARREST.

IN 4 COMP. DEC., 239, IT WAS SAID, WARRANTS OF ARREST ARE ISSUED FOR THE SOLE PURPOSE OF APPREHENDING CRIMINALS. THE FEE PROVIDED FOR THE OFFICER FOR THE ISSUANCE IS SIMPLY AN INCIDENT. BY ISSUANCE OF WARRANT SOMETHING MORE IS MEANT THAN THE MERE PREPARATION AND SIGNATURE OF THE SAME BY THE OFFICER CHARGED WITH ITS ISSUANCE. TO COMPLETE THE ISSUANCE THE WARRANT MUST BE PLACED IN THE HANDS OF SOME PERSON AUTHORIZED BY LAW TO SERVE IT.

SECTION 787 OF THE REVISED STATUTES PROVIDES THAT:

IT SHALL BE THE DUTY OF THE MARSHAL OF EACH DISTRICT TO ATTEND THE DISTRICT AND CIRCUIT COURTS WHEN SITTING THEREIN, AND TO EXECUTE, THROUGHOUT THE DISTRICT, ALL LAWFUL PRECEPTS DIRECTED TO HIM, AND ISSUED UNDER THE AUTHORITY OF THE UNITED STATES; AND HE SHALL HAVE POWER TO COMMAND ALL NECESSARY ASSISTANCE IN THE EXECUTION OF HIS DUTY.

UNDER THIS SECTION THE DUTY OF SERVING WARRANTS OF ARREST IS ONE WHICH FALLS EXCLUSIVELY UPON THE MARSHAL AND HIS DEPUTIES UNLESS OTHERWISE SPECIFICALLY PROVIDED BY LAW. 19 COMP. DEC., 592.

THE WARRANT OF ARREST NOT HAVING BEEN DELIVERED TO AN OFFICER AUTHORIZED TO SERVE THE SAME YOU ARE NOT ENTITLED TO THE FEES CHARGED. THE SETTLEMENT AS TO THIS ITEM IS SUSTAINED.