Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-07-08

moval by the district court: and no person
shall at any time be a clerk of a United
States court and United States commits
sioner without the approval of the Attor-
ney General: Provided. That all acts and
parts of acts applicable to commissioners
OF the circuit courts, except as 10 appoint
ment and fees. shall be applicable to the
United States commissioners appointed I'M
der this act Warrants of arrest for vio-
lations of internal revenue laws may he is
sued by United States commissioners upon
the sworn complaint of United States
district attorney, assistant United States
district attorney. collector or deputy col
lector OF internal revenue. or revenue agent
or private citizen, but no such warrant of
arrest shall be issued upon the sworn com
plant OF a private citizen unless first ap-
proved in writing by a United States dis
trlct attorney. That United States COM
mlssioners and all clerks of United States
courts are hereby authorized to administer
oaths.'
the District of Columbia. or one of the
1tstlces thereof holding a district court,
mas appointed certain persons as United
states commissioners, the authority for
sucn action being supposed to be found in
section 49, of the Revised Statutes of the
United States relating to the District of
Columbia, which is as follows:
sec. 49, Any one of the justices may
hoid special term. with the same powers
ana jurisdiction possessed and exercised by
o'strlct courts of the United States
Doubt Az to the Legality of Appofnt-
mcnt.
venture to suggest that it is very
doubtful whether the officers thus appoint-
ed were legally appointed and are legally
authorized to perform the duties of United
states commissioners. The gravity of this
doubt is readily seen in view of the duties
10 he performed by such officers These
duties are in part summarized by the ST.
pfemc Court of the United States in the
case of the United States VS.. Alfred. 1:,;,
U. 5. 81. !94 and $50. as follows:
The duties of these officers are pre-
scribed by law, and they are, in general to
issue warrants for offenses against the
United States; to cause the offenders to he
arrested and imprisoned or bailed for trial.
and to order the removal of offenders to
other districts tRcv. Stat. Sec. 1nl4: to
hold to security of the peace and for good
be havior tSec. 121): to carry into effect
the award or arbitration decree of any
consul of any foreign nation: to sit
judge or arbitrator in such differences
may arise between the captains and crews
of any vessels belonging to the nations
whose interests are committed to his
charge, and to enforce obedience 10y i'm
prisonment until such award. arbitration
or decree is complied with tSec. i2S); TO
take bail and aftidavits in civil cases tSec.
3fo); to discharge poor convicts imprisoned
for non-payment of fines tSec. l42l; to
take oaths and acknowledgements (Sec.
171S); to institute prosecutions under the
laws relating to crimes against the cleo
tive franchise and civil rights of citizens
and to appoint persons to execute warrants
Hereunder (Secs. lJS.. to 1850; to issue
search warrants authorizing internal reve-
nue. officers to search premises where a
fraud upon the revenue has been commit
ted (Sec. :s4G2); to issue warrants for de-
sertins foreign seamen (Sec. $3.50; to sum-
mon masters of vessels to appear before
him and show cause why process should
not issue against such vessel tSec. 4'tb),
to issue warrants for and examine persons
charged with being fugitives from justice
Secs 800 and 521D. and to take testimony
and proofs of debt in bankruptcy proceed
ings (Secs. 1893 and 5oI6>.
This summary is not, however, compete,
as If omits reference to the very important
sections 1919 and 40S1 of the Revised stat
utes, which. in brief. provide. among other
things that whenever 1t Is stipulated 10y
treaty or convention between the Nhited
States and any foreign nation that any con-
sular olflcer or commercial agent OF each ma
ton shall have exclusive jurisdiction OF the
controversies, difficulties or disorders aris-
ing at sea, or in the waters or ports OF the
other nation between the master or Oh
ficers and any of the crew. or between any
of the crew themselves, of any vessel be
longing to the nation represented by such
consular officer, such officer or commercial
authority of such foreign nation charged
with the appro pirate duty in the partlcu-
lar case may make application to any COM
missioner of A circuit court setting forth
the facts of The in manner prescribed,
and that thereupon such commissioner
shall issue his warrant for the arrest of
the person complained of, and upon suf-
ficient prima facie showing that the mat
ter concerns only the internal order and
discipline of such foreign vessel, the COM
missioner shall forthwith commit such per-
son to prison. or, in his discretion, to the
master or chief officer of such foreign YES
sell to be subject to the lawful orders, con-
frnI md no nf ,1nh ma c.. or hi.f
officer. and TO the jurisdiction of the con-
sular or commercial authority of the nation
to which such vessel belongs. to the exclu-
sion of any authority or jurisdiction in the
premises of the United States or any state
thereof.
The very important duties of United
States commissioners thus appearing rem
der it of the first importance that they
shall not be undertaken by any one about
whose authority there can be the slightest
doubt. And respects the District of CO.
lumbia, where many of these duties may
be called into play, a sufficient reason for
removing all doubt may alone he found in
those provisions authorizing the issue of
revenue warrants. which often are of ne
cessity, enforced during the absence of the
Justices of the Supreme Court, and the
power respecting the release of poor con-
victs, which. can be exercised only by a
United States commissioner.
wv neither the Supreme Court of the Dis
trict of Columbia now has authority to an
punt SliHl commissioners depends. of
course, upon the provisions of the act of
May y, 1886, but the previously existing
provisions all shed great light upon the
question. Prior to the act of 1886 as above
stated, the Supreme Court of the District
OF Columbia appointed commissioners I'M
der the authority supposed to be found in
sections 100 and 161 of the Revised Statutes
OF the United States relating to the Dis
trict OF Columbia, above quoted and the
existing claim of authority in the premises
rests upon section 761. also above quoted
Status of the District of Columbia,
''1n order to a clear consideration of the
question, brief examination of the Judi
cial system Of the United States is neces-
sary, and in that connection it may be
confidently asserted that the District of
Columbia is no part of any district or cir
cult of the United States
Section $50 of the Revised Statutes pro-
vides that the United States shall be
divided into judicial districts, as follows;'