Where actual expenses are charged in serving criminal process receipt must accompany the voucher for all guard hire charged. No more guards than are absolutely necessary should be employed in the transportation of prisoners, and at examinations before commissioners. Hereafter certificates from guards will be required as vouchers, (except when receipts are given for per diem compensation), when expenses are charged in lieu of mileage. Before Commissioner. day of Date. I certify that I was employed to serve as a guard before Commissioner E. F., in the case of United States vs. G. H., on the 188-, and that I actually performed the service. My place of residence is Stationary and blanks for the use of marshals, clerks, attorneys, or commissioners are not furnished at the expense of the United States and are not chargeable in marshals' accounts. In charging for summoning jurors to any court the number of jurors and the number of miles actually traveled must be specified. The allowance for expenses while endeavoring to arrest a person charged with crime is not a per diem fee and should not be so charged. Hereafter the items of expense, the dates, and the distance traveled must be specified in the vouchers. The following illegal charges are pointed out as of frequent occurrence: The charge of $2 for serving a subpoena duces tecum. The fee of 50 cents only is authorized, as for other subpoenas. The charge of "expenses endeavoring to arrest," when actual expenses to serve process are charged in lieu of mileage. The charge of mileage to serve subpoena where actual expenses have been charged to serve the warrant, both being served on the same trip. The charge for serving order on jailor to produce prisoner to find bail when held to appear for court. Charges for copies of process to serve. When service is by copy the fee for service covers all. The charge for mileage to serve process when no service is made. When marshals fail to perfect service of subpoena or summons, no charges are allowed, but where there is an effort and failure to execute a warrant of arrest, expenses while endeavoring to arrest, not exceeding $2 a day, may be charged. The charge for attendance of marshal on court when he has been absent serving process. Where it is impracticable for a marshal to attend the sessions of the court, he can designate some deputy to represent him, charging in the name of said deputy the usual per diem of $5 for each day's attendance. The charge of mileage to attend an examination before a United States commissioner, unless transporting a prisoner. United States, DEPARTMENT OF JUSTICE, : SIR: Your attention is invited to the following act passed at the last session of Congress : "To supply district judges, district attorneys, and clerks of the United States courts, who have not already received the same, with the Revised Statutes of the United States, and the annual statutes published since the first revision, a sufficient amount of money is hereby appropriated: Provided, That all statutes heretofore or hereafter furnished by the United States to district judges, district attorneys, and clerks of the United States courts, under this or any other law, shall not become the property of these officers, but on the expiration of their official term shall be by them turned over and delivered to their respective successors in office; and the following provision in the act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-two, and for other purposes, approved March third, eighteen hundred and eighty-one, namely: To supply district judges and district attorneys, who have not already received the same, with the reports of the Supreme Court and Statutes at Large of the United States, and also to furnish complete sets of the same, where there are none, to such points where United States courts are authorized to be held, and to supply broken sets where there are missing volumes, a sufficient sum of money is hereby appropriated,' be, and the same is hereby, repealed." Upon application the Department will furnish the Revised Statutes and the annual laws published since the first revision as provided in this act. In order to carry out and enforce the intention of the law, the following regulation has been adopted: That attorneys, marshals, and clerks of the United States courts forward, on the first day of July in each year, to this Department, an inventory of all record or other books in their offices belonging to the United States, and that whenever an officer retires from office he shall make a complete inventory of all books in his office belonging to the United States, taking receipts in duplicate from his successor, one of which must be sent to this Department for approval before a final settlement of his accounts can be made. The Department regrets that Congress should have felt compelled to repeal the act of March 3, 1881, as it is apparent that the Supreme Court reports are much needed by the United States judges and attorneys. Congress may, however, make the necessary provision to supply the needed books at its next session, if proper representations are made by those in need of them. Very respectfully, BENJAMIN HARRIS BREWSTER, ACTUAL EXPENSE ACCOUNTS. DEPARTMENT OF JUSTICE, United States Marshal, SIR: The attention of this Department has been called to the practice that exists in some districts, on the part of the marshal and his deputies, of charging railroad fare in actual expense accounts when in fact free passes have been used. That there may be no misunderstanding as to the opinion of this De Where actual expenses are charged in serving criminal pr ceipt must accompany the voucher for all guard hire charged No more guards than are absolutely necessary should b in the transportation of prisoners, and at examinations be sioners. Hereafter certificates from guards will be require (except when receipts are given for per diem compensat penses are charged in lieu of mileage. Before Commissioner. I certify that I was employed to serve as a guard E. F., in the case of United States vs. G. H., on t 188-, and that I actually performed the service. My place of residence is Stationary and blanks for the use of mar commissioners are not furnished at the ex and are not chargeable in marshals' accou In charging for summoning jurors to a and the number of miles actually travele The allowance for expenses while e charged with crime is not a per diem f Hereafter the items of expense, the must be specified in the vouchers. pointed out as of frequent occurrene The charge of $2 for serving a s cents only is authorized, as for oth The charge of "expenses ende penses to serve process are charg The charge of mileage to serve been charged to serve the warra The charge for serving order when held to appear for court. Charges for copies of proces fee for service covers all. The charge for mileage to When marshals fail to pe charges are allowed, but w a warrant of arrest, exper ing $2 a day, may be cha The charge for attend absent serving procesS, tend the sessions of the sent Lim, charging in $5 for each day's atte The charge of mil States commissioner t Their with all ties who with him in art of deputy or guards never eiving on deposit Vised Statutes. It is violated the law and prosecuted and severely ARRIS BREWSTER, T Your at I have been employed and have acted a United States prisoner, in charge being a dis ly, is employed, the above formation that it calls e and place where the ard is employed, and also e services were performed; of the marshal or deputy in which the guard travels, and ard must sign the certificate and guard cannot write, his mark may erson, in which case the witness must pany each account when forwarded to the nout which certificate all fees for services d. A copy of this regulation has been sent s of the Treasury. BENJAMIN HARRIS BREWSTER, OF JUSTICE WOODS RELATIVE TO MARSHALS' ACCOUNTS. [Circular No. 6.] DEPARTMENT OF JUSTICE, To United States district attorneys and United States marshals: SIRS: The subjoined opinion of Justice Woods is, by his consent, issued as an advisory circular in the matter of the accounts of United States marshals and their deputies. BENJAMIN HARRIS BREWSTER, partment in the matter of fictitious actual expense accounts of whatever character, I herewith transmit copy of a letter sent to the United States attorney for the western district of Texas, directing the prosecution of the late marshal of that district. SIR: I have received your letter of 22d April, together with the report of Special Agents Tidball and Bowman, of this Department, relative to the conduct of Stillwell H. Russell, esq., late United States marshal, in rendering false actual expense accounts. By charging fare over railroads where the marshal has used passes and by other dishonest practices of a similar character, in the preparation of actual expense accounts by those connected with the marshal's office, the United States has been defrauded out of thousands of dollars. In view of the enormity of these frauds, and my determination not only to purge the service of the men who committed them, but to make their example a warning to others, you are instructed to prosecute with all the rigor of the law not only the marshal, but his several deputies who are shown by the special agents' reports to be implicated with him in these unlawful transactions. There are several positive violations of law on the part of deputy marshals charging for mileage never traveled and for guards never employed; and, on the part of private bankers, in receiving on deposit warrants for public moneys in violation of the Revised Statutes. It is my desire and purpose that every man who has violated the law and defrauded this Department shall be vigorously prosecuted and severely punished. SIR: Inasmuch as difficulty has arisen in the settlement of marshals' accounts because of the unwarranted employment of guards, the law only providing for them when "necessary," you will immediately supply your deputies with a blank form, similar to the following: |