Page:Federal Reporter, 1st Series, Volume 7.djvu/102

90 Telegrams from the district attorney at St. Louis say the court is now in session; with a jury in attendance to be dis- charged in a few days, and the question is whether the pris- oner shall be bound to appear at this present term, and immediately or at the next term of the court. The cases we have been considering indicate that the proceeding on the preliminary examination is in accordance with the usages of law in the district where the arrest is made, and this seems to be a plain requirement of the statute. Rev. St. § 1014, et seq: The Tennesse Code directs that bail, when not taken in open court, shall be given by a written undertaking, signed by the defendant and at least two sufficient sureties, requiring the defendant to appear "at the next term of the court," while, when given in open court, it is to appear "at the present term." T. & S. Code, §§ 5152, 5153, 5154. It is generally understood that the federal courts, in this matter of bail are governed by the state statutes. U. S. v. Evans, 12 Chi. Leg. News 271; S. C. 2 FED. REP. 147, 150, and cases thère cited I readily see how this requirement might greatly delay trials, and that it may be sometimes impracticable to adhere strictly to the statutes of the states. And, like the acts of congress adopting the practice of the states in suits at law, it may go no further than to adopt the state statutes "as near as may be." Rev. St. § 914. Whether the committing magistrate, therefore, may disregard this requirement of the state statute in a proper case, and take the bond demanding an appearance at some other time than the next term, I shall not now decide, because I see in this case no special reason for departing from the ordinary practice, and have determined to allow this defendant to give bond to the next term of the court at St. Louis, as the commissioner did. I shall not interfere with his action further than to reduce the amount of bail, as before indicated. The prisoner will be allowed a few days to communicate with his friends, who live some distance, and in the mean time will remain in the custody of the marshal, with leave to the district attorney to 'make a further application for a removal warrant, if bail be not furnished. So ordered.