B-82725, MARCH 1, 1949, 28 COMP. GEN. 483

B-82725, MARCH 1, 1949, 28 COMP. GEN. 483

FEES - U.S. COMMISSIONERS - CASES ARISING PRIOR TO SEPTEMBER 1, 1946 IN VIEW OF SECTION 39 OF THE ACT OF JUNE 25, 1948, EFFECTIVE SEPTEMBER 1, 1948, REPEALING THE UNITED STATES COMMISSIONER FEE PROVISIONS OF SECTION 21 OF THE ACT OF MAY 28, 1896, AS AMENDED BY THE ACT OF AUGUST 1, 1946, EXCEPT AS TO ANY RIGHTS OR LIABILITIES EXISTING UNDER SECTION 21, THE REVISED FEES PRESCRIBED BY THE EARLIER ACT ARE PAYABLE IN ALL CASES WHICH AROSE PRIOR TO SEPTEMBER 1, 1946, BY SOME ACTION OF A COMMISSIONER AND WHICH RESULTED IN THE APPEARANCE OF THE ACCUSED BEFORE THE COMMISSIONER AFTER SEPTEMBER 1, 1948, EVEN THOUGH THE PROVISIONS OF SECTION 5 OF THE 1946 ACT APPLYING THE REVISED SCHEDULE OF FEES TO ALL CASES ARISING AFTER SEPTEMBER 1, 1946, WERE OMITTED FROM THE 1948 ACT.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, MARCH 1, 1949:

REFERENCE IS MADE TO LETTER OF JANUARY 7, 1949, FROM THE ASSISTANT DIRECTOR OF YOUR OFFICE, IN WHICH ATTENTION IS INVITED TO THE FACT THAT THE PROVISIONS IN SECTION 5 OF PUBLIC LAW 582, APPROVED AUGUST 1, 1946, 60 STAT. 753, ESTABLISHING THE APPLICABILITY OF THE REVISED SCHEDULE OF FEES OF UNITED STATES COMMISSIONERS PRESCRIBED BY THAT ACT TO ALL CASES ARISING AFTER SEPTEMBER 1, 1946, AND PROVIDING THAT A CASE SHALL BE DEEMED TO ARISE WHEN IT FIRST REQUIRES ACTION OF A COMMISSIONER, WERE OMITTED FROM PUBLIC LAW 773, APPROVED JUNE 25, 1948, 62 STAT. 869, EFFECTIVE SEPTEMBER 1, 1948, REVISING AND ENACTING INTO LAW CERTAIN PROVISIONS OF TITLE 28, U.S. CODE, ENTITLED " JUDICIAL CODE AND JUDICIARY.' THE QUESTION IS PRESENTED IN THE LETTER AS TO WHETHER, IN THOSE INSTANCES WHERE THE CASE AROSE PRIOR TO SEPTEMBER 1, 1946, BY A COMPLAINT IN WRITING HAVING BEEN SWORN TO AND FILED WITH A UNITED STATES COMMISSIONER PRIOR TO THAT DATE BUT THE DEFENDANT WAS NOT APPREHENDED AND BROUGHT BEFORE THE COMMISSIONER UNTIL SUBSEQUENT TO SEPTEMBER 1, 1948, THE EFFECTIVE DATE OF PUBLIC LAW 773, SUPRA, THE COMMISSIONER IS ENTITLED TO RECEIVE THE FEES COMPUTED ON THE SLIDING SCALE PROVIDED IN SECTION 633 (A) (3) OF THE LATTER ACT, 62 STAT. 916, OR WHETHER HE IS ENTITLED TO THE FEES PRESCRIBED BY PRIOR LAW, THE ACT OF MAY 28, 1896, 29 STAT. 184.

SECTION 20 OF THE ACT OF MAY 28, 1896, SUPRA, PRESCRIBING FEES TO BE PAID UNITED STATES COMMISSIONERS FOR CERTAIN SPECIFIED ACTIONS, WAS AMENDED BY THE ACT OF AUGUST 1, 1946, SUPRA, TO PROVIDE A NEW SET OF FEES PAYABLE IN ALL CASES FIRST REQUIRING ACTION BY A COMMISSIONER AFTER SEPTEMBER 1, 1946. FOR ALL CASES WHICH FIRST REQUIRED ACTION BY A COMMISSIONER BEFORE THAT DATE, THE FEES PRESCRIBED IN THE 1896 ACT REMAINED PAYABLE. SECTION 39 OF PUBLIC LAW 773, SUPRA, 62 STAT. 992, EXPRESSLY REPEALED SECTION 21 OF BOTH THE 1896 ACT AND THE 1946 STATUTE, EXCEPT THAT ,ANY RIGHTS OR LIABILITIES NOW EXISTING UNDER SUCH SECTIONS OR PARTS THEREOF SHALL NOT BE AFFECTED BY THIS REPEAL.'

IT SEEMS CLEAR THAT IN THE INSTANCES REFERRED TO THE RIGHT, OR LIABILITY, OF THE UNITED STATES TO PAY THE FEES PRESCRIBED IN THE 1896 STATUTE VESTED WHEN THE COMPLAINTS WERE SWORN TO AND FILED PRIOR TO SEPTEMBER 1, 1946. AS EXPRESSLY PROVIDED BY SECTION 39 OF PUBLIC LAW 773, SUPRA, THIS RIGHT OR LIABILITY WAS NOT AFFECTED BY THE REPEAL OF PRIOR STATUTES BY SAID PUBLIC LAW 773. THEREFORE, IT MUST BE HELD THAT IN ALL CASES WHICH AROSE PRIOR TO SEPTEMBER 1, 1946, WHETHER BY THE FILING OF A SWORN COMPLAINT OR BY OTHER ACTION REQUIRED OF A COMMISSIONER, THE SCHEDULE OF FEES PRESCRIBED IN THE 1896 STATUTE ARE PAYABLE, EVEN THOUGH IT MAY BE THAT THE ACCUSED WAS NOT BROUGHT BEFORE THE COMMISSIONER FOR HEARING UNTIL SUBSEQUENT TO SEPTEMBER 1, 1948.