United States v. Baird

This was a petition by the marshal of the United States for the territory of Idaho for fees earned in executing warrants of commitment of certain prisoners to the penitentiary at Boise City, and also for commissions upon disbursements for the support of such penitentiary. In connection with the latter claim. the court made the following findings of fact:

'(4) He also, as such marshal, disbursed the sum of fifty-four thousand four hundred and twenty dollars and fifteen cents, ($54,420.15,) funds of the United States, for the use of the penitentiary of said territory. For such penitentiary disbursements he claimed a commission at the rate of two per cent., amounting to one thousand and eighty-eight dollars and forty cents, ($1,088.40,) and his account for the same was likewise approved by said district court for the first district of Idaho.

'(5) The only reason why no commission was allowed him on such disbursements appears to have been that he was allowed compensation for the services required by section 1893 in the government of such penitentiary, which said compensation was fixed by the attorney-general, in accordance with said section, at the rate of one thousand two hundred dollars ($1,200) a year.'

Upon this finding, the court rendered judgment in his favor upon the last item for $1,088.40, and the United States appealed.

Asst. Atty. Gen. Dodge and Chas. C. Binney, for the United states.

George A. King, for appellee.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.