United States v. Jones
| Decision Date | 24 March 1890 |
| Parties | UNITED STATES v. JONES |
| Court | U.S. Supreme Court |
Asst. Atty. Gen. Cotton and F. P. Dewees, for the United states.
[Argument of Counsel from page 484-485 intentionally omitted] George A. King, for appellee.
Mr. Justice LAMAR, afterstating the facts as above, delivered the opinion of the court.
A brief reference to the powers and duties of a commissioner, as an examining and committing magistrate, will be sufficient to dispose of the only question presented by this appeal. Section 1014 of the Revised Statutes of the United States provides that, etc. By section 1015 it is further provided that 'bail shall be admitted' by such commissioner 'upon all arrests in criminal cases, where the offense is not punishable by death.' By section 1982 such commissioner are vested with the power to institute proceedings against persons violating any of the provisions of chapter 7 of the title 'Crimes.' Section 1983 provides for the increase of the number of commissioners, 'so as to afford a speedy and convenient means for the arrest and examination of persons charged with the crimes referred to in the preceding section.' By section 1984 these officers are vested with other important powers; and by section 1985 every marshal and deputy-marshal is required to obey and execute all warrants or other process that the commissioners may issue in the lawful performance of their duties. By other sections numerous duties of a purely clerical and ministerial character are attached to this office. The compensation of a commissioner is clearly prescribed and classified by section 847 of the Revised Statutes according to the character of the services performed. For acts purely clerical and minsterial, such as administering oaths, taking acknowledgments, taking and certifying depositions to file, or furnishing a copy of the same, specific fees are provided, and for issuing writs or warrants or other services he has the same compensation as is allowed to clerks for like service. For acts not merely clerical, but which are performed by the commissioner in his...
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Marvin v. United States
...satisfactory to him; one party or the other was not ready for trial. The facts are substantially the same with those in U.S. v. Jones, 134 U.S. 486, 10 S.Ct. 615, in the commissioner's per diems were allowed. The same ruling had previously been made in Rand v. U.S., 36 F. 671. The next item......
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Danaher v. United States
...889, 39 L. Ed. 982. But their decisions upon a motion for bail and the sufficiency thereof are judicial acts. United States v. Jones, 134 U. S. 483, 10 S. Ct. 615, 33 L. Ed. 1007. As a prerequisite to such action there must be a complaint of some kind charging the party applying for bail wi......
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Taylor v. United States
... ... evidence to him, and also for him,-- a need may arise,-- of ... the order as it stands upon the records of the court, and ... this can only be done by having the copy duly certified by ... the clerk, with the seal attached.' ... In ... Jones v. U.S., 39 F. 410-412, the fees for such ... certificates were allowed, but those for the seals were ... disallowed, though with hesitation, and without any reason ... being given for the disallowance, or any distinction assigned ... for a difference between them. And a similar fee for ... ...
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McGourin v. United States
... ... before a federal court; and if the deputy marshal who makes ... the arrest carries the man before the commissioner, it is the ... commissioner's duty to fix the amount of bail, and, in ... default of bond, to issue final mittimus, which act is ... clearly judicial. In U.S. v. Jones, 134 U.S. 483, 10 ... Sup.Ct. 615, 33 L.Ed. 1007, the supreme court held: ... 'The ... decision of a commissioner of the circuit court upon a ... motion for bail and the sufficiency thereof * * * are ... judicial acts, on the hearing and deciding of criminal ... charge, within the ... ...