Page:Decisions of the Comptroller General of the United States Volume 4.pdf/26

 Where a prisoner is arraigned before a United States commissioner and his case continued until a subsequent date, prior to which date an indictment is returned by the grand jury, or an information is filed in the district court and the defendant arraigned before said court, the commissioner's jurisdiction is terminated in so far as subsequent hearings that would entitle him to a per diem fee are concerned, and any per diem fees charged in such cases after the return of the indictment or filing of information must be disallowed.

Comptroller General McCarl to J. B. Waterworth, United States Commissioner, July 1, 1924:

There have been received your letters of December 10, 1923, and January 26, 1924, requesting review of settlements Nos. 14232 and 14233, dated October 2, 1923, disallowing the per diem fees charged for hearing and deciding on criminal charges on dates subsequent to dates indictments were returned by the grand jury or information filed in the cases of United States v. Weir, December quarter, 1919; United States v. Petrus, March quarter, 1920; and United States v. Barker, September quarter, 1920.

Item 1. Page 18. U. S. v. Kenneth D. Weir, charge for hearing and deciding on criminal charges December 20, 1919__________________________ $5.00

The item was disallowed for the reason defendant was indicted by the grand jury December 5, 1919, and citing 24 Comp. Dec. 647. An examination of the voucher shows that defendant was arraigned before you December 1, 1919, and the hearing continued until December 20, 1919, upon the request of the United States attorney to enable him to obtain evidence, and a per diem was charged for each of said days. 1