APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS.
MR. JUSTICE BROWN delivered the opinion of the court.
This was an action to recover certain fees alleged to be due the plaintiff as marshal of the United States for the Eastern District of Arkansas. The court below directed judgment to be entered in his favor for $3069.16, 45 Fed. Rep. 213, and the United States appealed.
A part only of the items in controversy are included in the assignments of error. Those to which objection was made in this court are as follows:
1. Expenses incurred by a deputy of the plaintiff's predecessor while endeavoring to arrest persons for offences against the United States, $16.
This item was disallowed by the comptroller upon the ground that the same was due to the former marshal, and that the plaintiff was not authorized to pay expenses incurred by his predecessor. As a general rule, this is entirely true, but it appears in this case that the writs were issued before the plaintiff qualified for office, but were not returned until after he had qualified, and that, by an arrangement between the outgoing and incoming marshal, the latter was to have the fees earned upon all writs in the hands of the deputies of the former at the date the office changed hands. It further appeared that the outgoing marshal made no claim to these fees.Properly speaking, the outgoing marshal was entitled to these fees under Rev. Stat. § 790, which allows him to execute all such precepts as may be in his hands at the time of his removal or the expiration of his term. But if, for the convenience of making up accounts, the outgoing marshal is content to relinquish his right to these fees, we see nothing but a technical objection in the way of the incoming marshal charging them up in his accounts. Did the outgoing marshal claim these fees as a debt justly due him, a different question would arise, but in view of his relinquishment of them, we think they should have been allowed to his successor, the plaintiff.
2. An item of $1804.73, for travel and other fees in pursuing into other judicial districts, and there arresting persons charged with crime in the Eastern District of Arkansas, and bringing the persons so arrested into the latter district, was disallowed by the comptroller upon the ground that the marshal had no authority to arrest a prisoner in any district but his own.
It appears, however, that where arrests were so made, the marshals of the foreign districts deputized the plaintiff or his deputy to execute the orders of removal to the Eastern District of Arkansas, and relinquished in favor of the plaintiff all
claim against the United States for the mileage or fees so accrued. It appears to have been the custom for the marshals of this district to pursue fugitives from justice into other districts, to procure a deputation from the marshals of such other district, and in such cases it was the practice of the Treasury Department up to 1885 to allow the mileage and other fees to the pursuing marshal, when the marshals of the foreign districts relinquished their claims for the same in his favor.When a person is arrested in one district for an offence alleged to have been committed in another, Rev. Stat. § 1014 requires the judge of the district within which he is arrested to execute a warrant to the marshal for his removal to the district where the trial is to be had. No good reason is perceived why the marshal of that district may not deputize the marshal of the district within which the crime was committed, or his deputy, to execute such warrant of removal, and relinquish to him his legal fees therefor.
Under such circumstances, we think the latter may properly charge these fees in his own account to the government, and that they should be allowed to him.
3. Expenses incurred to the amount of $130.50 in endeavoring to arrest in his own district persons charged with crime therein. The sum did not exceed the rate of $2 per day, the maximum amount allowed by law, and was not disallowed by the accounting officers in the settlement of his ...