Page:Federal Reporter, 1st Series, Volume 7.djvu/101

 TJNITED BTATES. t). BR4WNEB. 89 �thiat the district judge himself toQk the bail-bond' after a commitmeut. by the oommissioixer, ftud the .qiie^tJQn there •was ;-whethei5 jthe.cQmmissionjer hafl a continqing po;v^er after eommitment to take bail, it being beld tbatjjfeiejdid, .; But no one seems tb'have suggested that the judge hadnct the povrer to do what he did., �Without further examinationihere of the, cases, itissuffi- cient to say that, while I do not find one h^Witig that tiie judge may, orr the application for the , T^moTal warranti iriqnire into the factg> or reduoe the bail, I hftye; po,;dpubt it It-a proper practice. In sorqe cases it_ mayibe neoeissary» to issue a habeaseorpvs and certiorQ,ri; in orderito bcing h^toxB hjnii' the entire record oi thfe evidence bef ore the cominltting ma^jstrate; or, technicftUy, itiinjay be that the jlidge dQnla not disch(vrgc the:prisonet ■vfithoufea?i^a6eas.tprptt», vhilehftwight refuse his warrant of remoy^al, leaving hini -cfhere :the conynit- trient had placed him, until applicaticn for, habeas,, sa$ sbould be riiade.. But my judgmeut is thafc having tlwi pris* oner before himj with the plenary pover, conferiied] by the statute to grant or refuse the warrant oiljrcnipvalj 'and the only object and purpose of the coramitmeiit being totale, his judgmQnt whether there shall be reiaoyal, the pover *o dis- charge exists without any habeas corpM*, and i^iMCesparily implied from the statute; In the case of U. S-, y,- L(i,wrenee, 4 Cranch, 518, it is said that "to requirelarger bftil than the prisoner could give •would be to require excessive bail, and to deny bail in'a case clearly bailable by law." The discretion of the œagistrate, in taking bail, is to be guidedby the com- pound consideration of the ability of the prisoner to give bail •and the atrocity of the oSenCe. It is a rule of our courts in this district to require $2,000 in cases like this, though it is very frequently increased under special circumstances. As this is a case for trial in another district, that circumstance should perhaps increase the amount somewhat, but I thiuk $2,500, under the circumstances here, as much as should be required of this prisoner, and any larger awount, would be excessive. I shall, therefore, discharge him on giving bail before me in that sum. ��� �