United States v. Crosthwaite

Decision Date29 November 1897
Docket NumberNo. 77,77
Citation18 S.Ct. 107,42 L.Ed. 507,168 U.S. 375
PartiesUNITED STATES v. CROSTHWAITE
CourtU.S. Supreme Court

Asst. Atty. Gen. Pradt, for the United States.

John C. Chaney and J. R. Garrison, for appellee.

Mr. Justice HARLAN delivered the opinion of the court.

This is an appeal from a judgment against the government in the court of claims for the sum of $300, which was found to be the value of certain services rendered by the appellee as a special assistant to the attorney of the United States for the district of Idaho, at a called term of the circuit court.

The facts found by the court of claims, and upon which the appellee's claim for compensation depends, may be thus summarized:

On the 22d of June, 1892, the appellee, an examiner in the department of justice, received from the attorney general an order directing him to discontinue the investigations then being made by him in Utah, and proceed at once to Idaho for the purpose of conferring with the author of a certain confidential communication which had been received by the department of justice. The order also directed him to examine the offices and accounts of the United States attorney, the United States marshal, the clerk of the United States court, and the United States commissioners, investigate the maner in which business was conducted by those officers, inform himself as to the character and qualifications of the various officials, and report to the department the results of his examination.

While thus engaged in Idaho, the plaintiff received by telegraph, August 9, 1892, an order from the acting attorney general of the United States, directing him to 'report to and assist the United States attorney at a special term to be called by Judge Beatty at Coeur d'Alene City, Idaho.'

On the 13th of August, 1892, he was appointed by the acting attorney general 'a special assistant to the attorney of the United States for the district of Idaho, to aid him in the preparation and prosecution of all criminal business properly coming before the court during its special term, ordered at Coeur d'Alene for August 3, 1892.' The order of appointment stated: 'Your compensation will be determined by the attorney general upon completion of your service. Execute the customary oath of office, and forward the same to this department without delary.'

It should be stated that on the 14th day of August, 1892, while at Boise City, and after his above appointment had been made, but before receiving notice thereof, the appellee mailed to the attorney general an official communication in relation to the criminal proceedings then being instituted in Idaho against rioters and conspirators, in which he said: 'I will proceed to Wallace to-morrow for the purpose of preparing the cases for trial, and to select the necessary witnesses, in order that none may be subpoenaed unnecessarily. The marshal has been instructed to provide a sufficient guard for the term to be held, and everything appears to be moving along smoothly. In order that no question may be raised by the defense as to may status, and that I may be able to appear before the grand jury, I beg to suggest the advisability of my appointment as a special assistant to the United States attorney, without compensation, for these cases.'

The plaintiff took the required oath of office, and performed the duties assigned to him. He appeared on behalf of the United States before the United States commissioner at Wallace, Idaho, for the purpose of having him 'discharge' a large number of rioters who had been held to appear before that officer, examined witnesses before the grand jury, rendered daily service at the trial of the cases, 'and generally rendered the professional assistance of an assistant district attorney, from the 23d of August, 1892, to the 28th of September, 1892.' He performed also his duties as examiner of the department of justice.

At the time of rendering service as special assistant to the district attorney, he was receiving in his capacity as an examiner in the department of justice a salary of $2,500 per annum. He was also reimbursed for his traveling expenses during the time he acted as special assistant to the district attorney.

Upon the conclusion of his services as above stated, the appellee, although he had suggested that his appointment should be without compensation, sent to the attorney general a statement of his services as special assistant to the district attorney, saying: 'I send this statement to you, considering that it is necessary if it shall be determined that I shall be compensated for the services performed as Asst. U. S. Atty. I have left the amount to be inserted at the department in accordance with your action thereon.' But the attorney general expressed his surprise that the appellee should claim special compensation, and refused to fix any compensation for his services, saying, in a communication to the plaintiff: 'As an examiner of this department you receive $2,500 a year and expenses, and what you have been doing is clearly within the line of your duty in the premises.'

The question as to the employment of special counsel on behalf of the United States has frequently been the subject of legislation by congress.

By the second section of the act of August 2, 1861, entitled 'An act concerning the attorney general and the attorneys and marshals of the several districts' (12 Stat. 258, c. 37), it was provided 'that the attorney general be, and he is hereby, empowered, whenever in his opinion the public interest may require it, to employ and retain (in the name of the United States) such attorneys and counsellors at law as he may think necessary to assist the district attorneys in the discharge of their duties, and shall stipulate with such assistant counsel the amount of compensation.'

This section was repealed by the act of March 3, 1869, making appropriations for the legislative, executive, and judicial expenses of the government for the fiscal year ending June 30, 1870 (15 Stat. 282, 294, c. 121). But by the act of April 10, 1869, entitled 'An act concerning the attorney general,' the above act of March 3, 1869, was itself repealed so far as it repealed the second section of the act of August 2, 1861, and that section was declared to be in full force; and it was made the duty of the attorney general to report 'at the commencement of the next session of congr...

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21 cases
  • United States v. Crispino
    • United States
    • U.S. District Court — Southern District of New York
    • March 24, 1975
    ...not have been performed by the Attorney General or some other officer of the Department of Justice.12 See United States v. Crosthwaite, 168 U.S. 375, 18 S.Ct. 107, 42 L.Ed. 507 (1897). From 1861 to 1903 the Attorney General often employed such special counsel either as assistants to the var......
  • Persico, In re
    • United States
    • U.S. Court of Appeals — Second Circuit
    • June 19, 1975
    ...365 was added to avoid unnecessary expenditures and abuses by persons without supervision. See United States V. Crosthwaite, 168 U.S. 375, 379, 18 S.Ct. 107, 108, 42 L.Ed. 507 (1897) ("It was left to (the Attorney General) to determine whether public interests required the employment of spe......
  • In re Grand Jury Investigation
    • United States
    • U.S. District Court — District of Columbia
    • July 31, 2018
    ...district attorneys in the discharge of their duties" and to "have supervision of their conduct and proceedings ." 168 U.S. [375] at 378 [18 S.Ct. 107, 42 L.Ed. 507 (1897) ] (quoting Rev. Stat. 363 (emphasis added) ). The italicized language did indeed come from the DOJ Act, see DOJ Act § 16......
  • United States v. 1,960 ACRES OF LAND, ETC.
    • United States
    • U.S. District Court — Southern District of California
    • January 4, 1944
    ...settled in 1879 however that "any officer" of the Department of Justice meant any "regular officer". United States v. Crosthwaite, 1879, 168 U.S. 375, 18 S.Ct. 107, 42 L.Ed. 507, 508, was a suit brought by one appointed as a Special Assistant to the Attorney of the United States for the Dis......
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