Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-07-08
POWER OF THE COURT
Question of Authority for Appoint
ment of U. s. Commissioners.
DISTRICT ATTORNEY DAVIS VIEWS
A Letter to Senator Hoar Suggest
ing Remedial Legislation.
LEGAL ASPECTS DISCUSSED
LEGAL ASPECTS DISCUSSED

LEGAL ASPECTS DISGUISE
The alleged want of authority and power
In the District Supreme Court to appoint
United States commissioners, exclusively
referred to in The Star several days ago,
has been made the subject of letter ad-
dressed to Senator Hoar of Massachusetts,
chairman of the Senate judiciary commit
tee, by District Attorney Henry E. Davis.
Mr.. Davis, after explaining that under
the provisions of the act of May Is, 1876,
the terms of Office of all United States or
circuit court commissioners ceased June 30,
1897, and that the District Supreme Court
has since that date appointed several such
commissioners, submits that in his opinion
the court had and has no authority to APP
point such commissioners. He refers TO the
extensive and important jurisdiction and
duties. of such officials, and suggests that.
in view of the doubted right of the District
Supreme Court to make the appointments,
Congress should at once pass remedial
act
Mr.. Davis letter prepared after
most careful and exhaustive examination
of the laws applying to the matter, and is
a valuable and interesting legal contri5u-
ton. The letter is as follows:
Il deem it my duty to invite your atten-
ton to the present condition of the law in
reference to United States commissioners.
with special reference to the question
whether such commissioners may be APP
pointed in and for the District. of Column
hia. l feel constrained to do this for the
reasons among others first. that it is pro-
vded by the act of May ~, 1856, that war
rants for arrest for violations of internal
revenue laws may be issued by United
States commissioners only upon the sworn
complaint of a United States district at
COL
lector or deputy collector of internal reve-
nue. or revenue agent, or private citizen,
provided, however, that no such warrants
of arrest shall be issued upon the sworn
complaint of private citizen unless first
approved in writing by a United States
district attorney, and second, that under
existing provisions of law, namely, sections
ln42 and 52s6 of the Revised Statutes,
United States commissioner is the only Off
Ger who can disc barge poor convict
These two provisions of law make it to
every attorney of the United States, every
revenue office: concerned and every poor
convict, a matter of first Importance to
have properly constituted officers in the
persons of United States commissioners to
discharge the duties imposed upon them.
or intended to be, in the particulars indi-
Gated: and l entertain very grave doubt
whether under existing law. the Supreme
Court of the District of Columbia has au-
thority to appoint United States commits
SionerS. =
Provision for Appointment.
tine original provision for appointment
of such officers is to be found in the act
CT March 2, 1913. This original provision
was that bail for appearance in any court
of the United States ip any criminal cause
in which bail was by law allowed might be
taken by any person having authority from
the circuit court to take bail, which author
1ty any circuit court was authorized to
give to one or more discreet persons
learned in the law in any district for which
such court might be holden, where, from
the extent Of the district and the remote
hess of its parts from the usual residence
of any of certain officers named in the sec
ton, such provision should in the opinion
or the court be necessary. Section l of the
act of February 20, 1872. is the next enact
ment on the subject and by that it was
provided that it should be lawful for a cir
cult court of the United States to be holden
In any district in which the then existing
provision for taking bail and atiidayits in
civil causes was inadequate, or on account
OF the extent of such district Inconvenience
to appoint such and so many discreet per-
sons In different parts of the district as
such court should deem necessary to take
Acknowledgements of bail and affidavits.
The act of 1893 is entitled An act in adj
dition to the act entitled AN act to estab-
hsh the judicial courts of the United
states. which latter act is commonly
known as the judiciary act and the act of
1877 is entitled IAN act for the more con-
venient taking of afIdavits and bail in
civil causes depending in courts of the
United States. This act, in turn, was
added to and amended by the act of March
l, 1917. and by this last mentioned act it
was provided that the commissioners then
or thereafter appointed by virtue of the act
OF ISL We're authorized to take affidayits
and bail in civil causes to be used in the
several district courts of the United States
and should and might exercise all the now
efs that justice or judge of any of the
courts OF the United States might exercise
by virtue of the Both section of the Judi
ciary act
Such were the enac tments in force when
the statutes were revised under the acts of
June ~ 1914, and March 3 1877, and the
revlsors expressed the provisions of these
several acts in section 627 of the revision
which is In the following language:
fach circuit court may appoint, in diff
ierent parts OF the district for which it is
held, SO many discreet persons as it NAV
deem necessary, who shall be called COM
mtssioners of the circuit courts, and shall
exercise the powers which are or may be
expressly conferred by law upon commits
sioners of circuit courts
Under this section, and prior to the act
Of May 2S 1896, the Supreme Court of the
District of Columbia appointed a number
Of persons called United States commits
sioners, finding its authority for so doing in
sections 76O and 76l of the Revised Statutes
Of the United States relating to the Dis
trict of Columbia.
u
preme Court Of the District of Columbia,
are as follows:
" Sec. 7GO The Supreme Court shall pos
sess the same powers and exercise the same
jurisdiction as the circuit courts Of the
United States.
:. Sec 761. The justices of the Supreme
Court shall severally possess the powers
and exercise the jurisdiction possessed and
exercised by the judges of circuit courts
Legislatcd Out of Office
"Manifestly, the persons so appointed, If
lawfully appointed, were legislated out of
office by the act of May %. 1886, which pro-
vides, in terms (sectioaa 19), that the terms
Of office of all commissioners of the circuit
courts heretofore appointed shall expire on
the Both day of Juie,itlS97; and such office
shall on that dayicease to exist By sub
sequent enactment In the same section pro-
vision is made for the appointment by the
district court of each judicial district of
United States commissioners. For conven-
fence, section - Is set forth in full, as fol-
lows:
"'sec 49, That the terms of office of all
commissioners Of the circuit courts here
tofore appointed shall expire on the thir-