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ALLEN V. UNITED STATES, 204 U. S. 581 (1907)

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U.S. Supreme Court

Allen v. United States, 204 U.S. 581 (1907)

Allen v. United States

No. 192

Argued January 29. 30.1907

Decided February 25, 1907

204 U.S. 581


Under § 1986, Rev.Stat., a commissioner of the United States is not entitled to any fees for drawing complaints or jurats thereto charging offenses under ch. 7, Title 70, Rev.Stat., unless the complaints are served; there is no case within the meaning of § 1986 unless there be an arrest and examination. The fee provided by § 1986 covers all services, and unless earned, the commissioner gets no other and is not entitled to compensation under § 847, Rev.Stat., which as well as § 823 and 828 are supplanted in this class of cases by § 1986.

Where the United States commissioner is also supervisor of election, he is not entitled to compensation for certifying the complaints from himself in one capacity to himself in another capacity under § 2027, Rev.Stat.

When a commissioner applies on an account for an additional sum for services in which he has already been improperly allowed certain amounts, the United States may counterclaim for the amount already so allowed as an offset against the amount actually due the commissioner notwithstanding the approval of his account by the United States Circuit Court, "subject to revision by the accounting officers of the United States Treasury," and, under § 1059, Rev.Stat., and § 1, cl. 2 of the Act of March 3, 1887, c. 359, the counterclaim may include payments made after the filing of the commissioner's claim.

26 Ct.Cl. 445 affirmed.

The facts are stated in the opinion.

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