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are rendered by Wm. E. Curtiss, who has given bond in the sum of $5,000, as Special Disbursing Agent for the Commission, it would seem that such accounts should be settled quarterly.

It is proper to settle the accounts for Expenses of the Commission, so far rendered by Mr. Curtis, excluding therefrom any allowance on account of his compensation, until the entire service of the Commission shall have been completed.

The accounts in question will be disposed of in accordance with the principles and practice above stated. TREASURY DEPARTMENT,

First Comptroller's Office, March 24, 1885.

IN THE MATTER OF THE RIGHT OF A DISTRICT ATTORNEY OF THE UNITED STATES TO A FEE OF FIVE DOLLARS IN EACH CASE IN WHICH THE GRAND JURY FAILS TO FIND AN INDICTMENT AGAINST A PARTY RECOGNIZED BY A CIRCUIT COURT COMMISSIONER TO APPEAR BEFORE SUCH COURT TO ANSWER A CRIMINAL CHARGE.-O'CONNELL'S CASE.

1. A district attorney of the United States is not entitled to any fee in a case in

which a party is recognized by a Circuit Court Commissioner to appear before a court of the United States to answer a criminal charge, when no indictment is found against such party.

In the account of Maurice D. O'Connell, United States Attorney for the Northern District of Iowa, for his services during the quarter ended December 31, 1884, he charges fees of five dollars each in eighteen cases, all of which were of like character to the one described, as follows, so far as respects the action of the District Attorney, viz: THE UNITED STATES ) V8.

harged with violating section 3244, Rev. Stat., CHARLES HERSCH,

(Held by Commissioner.)

Bill ignored by the grand jury, dismissed, $5.

It appears, that in all of the cases the defendants had been arrested upon warrants issued by commissioners of the circuit courts; and after preliminary examination they had been held to bail for their appearance in the proper court to await the action of the grand jury (Rev. Stat., 1014); and that the proceedings against them were ended by the failure of the grand jury to indict them. The cases were entered on the court docket, and an entry of dismissal made on the minutes of the court. The question is presented to the First Comptroller to decide, whether the Attorney of the United States is entitled to a fee of five dollars in each case.

DECISION BY WILLIAM LAWRENCE, First Comptroller.

Section 824 of the Revised Statutes provides, that there shall be taxed. to each District Attorney a fee of five dollars in cases at law, when the cause is discontinued."

In order that there may be a discontinuance of a cause there must be a cause in court; and it is perfectly well settled, that a criminal cause is not in court, within the meaning of this statute, at least until ani indictment is found and the case founded thereon is docketed, and it seems not until the process is issued and possibly not until his appear ance is effected. There would not seem to be any necessity for docket ing cases simpply where parties are recognized to appear in court; but if there be such necessity it is to enable the court to order a forfeiture of recognizances, or to enter the fact that the grand jury has ignored the charge. This, however, does not constitute a case in court.

The claims are disallowed.
TREASURY DEPARTMENT,

First Comptroller's Office, March 24, 1885.

APPENDIX.

CHAPTER

1.-A SKETCH OF TIIE TREASURY SYSTEM UNDER THE CONFEDERATION.

CHAPTER II --SUGGESTIONS TO PARTIES HAVING CLAIMS AGAINST THE UNITED

STATES, AND TO THE ATTORNEYS OF SUCH PARTIES.

CHAPTER III.--REPORT OF A COMMITTEE OF THE UNITED STATES HOUSE OF REP

RESENTATIVES ON THE MODE OF CONDUCTING THE OFFICE OF
THE FIRST COMPTROLLER.

CHAPTER IV.-THE CIVIL SERVICE ACT OF JANUARY 16, 1883, AND THE RULES

AND REGULATIONS PRESCRIBED UNDER ITS AUTHORITY.

CHAPTER V.-THE REGULATIONS OF THE TREASURY DEPARTMENT IN RELATION TO UNITED STATES Box's.

261

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