Page:Federal Reporter, 1st Series, Volume 7.djvu/858

 846 FEDSBAL BEPOBTEB. �the section does not contemplate a criminal proceeding ia apparent from the clause relating to an appeal, which limita the right to appeal and thereby assumes that an appeal lies. At the time the act was passed there was no review in crimi- nal cases. An appeal is the method of review in equity and admiralty causes. In criminal cases it is by writ of error, as also in civil actions at law. �The provision relating to an appeal is characterized by the same disregard of the accurate signification of legal terms which prevails throughout the section, but as there could be no review in criminal cases il was evidently intended to refer to a review by any procedure appropriate in civil cases. The same disregard of the technical meaning of language is ap- parent in the terms whereby the bringing of a suit by a dis- trict attomey is authorized. The opening portion of the sec- tion evidently refers to the bringing of a civil suit for the "recovery" of the penalty, and it cannot be believed that oon- gress intended the district attomey to be the plaintiff of rec- ord, and consequently personally liable to the defendant for costs in case he fails in the action. Such a requirement would be very apt to dampen the ardor and chill the courage of a prosecuting officer. It would discourage the prosecution of violations of the law. It would require a district attor- ney to assume a liability unreasonably and unjustly, and expose him to embarrassments quite inconsistent with bis duties and dignity as a prosecutipg officer of the govern- ment. �That the suit is not to be the suit of the district attorney is also clearly inferable from the provision of the section, whereby the amount, when recovered, does not belong to the district attorney, but to the United States ; and although the language would seem to give the right of action to the dis- trict attorney, it would appear, from the language used.when the suit is brought at the instance of an informer, that the words "at the suit of the district attorney" are not used in their technical sense, but mean at the instance or at the procurement of the person who institutes the suit. Without ��� �