United States v. Pitman

• Citation: 13 S.Ct. 425,37 L.Ed. 324,147 U.S. 669
• Decision Date: 06 March 1893
• Docket Number: No. 699,699
• Parties: UNITED STATES v. PITMAN
• Court: United States Supreme Court

147 U.S. 669

13 S.Ct. 425

37 L.Ed. 324

UNITED STATES

v PITMAN.

No. 699.

March 6, 1893.

Statement by Mr. Justice BROWN:

This was a petition for per diem fees as clerk of the circuit and district courts of the United States for the district of Rhode Island. Petitioner claimed for 108 days' attendance, under Rev. St. §§ 672, 583, and averred that, notwithstanding the rendition of the services claimed, and the approval of his account by the court, and notwithstanding that the marshal, the crier, and one of the bailiffs had received pay for attendance upon a portion of the days enumerated in his petition, to which fact the attention of the first comptroller was called, the accounting officer of the treasury declined to allow the same. With respect to certain of the days the court found that they 'were days on which sessions of the said circuit court were appointed to be holden by the presiding judge thereof, and that the said Pitman attended on said days at the time and place of holding said court, accordingly, and that no judge was present to preside at said court on said days, and that said court on said days was adjourned by and pursuant to a written order signed by one of the judges of said court, and directed alternatively to the marshal, and, in his absence, to the clerk, to a day and time fixed and limited in said order;' and that certain other days 'were days on which sessions, terms, and sittings of the said district court were appointed to be holden by the presiding judge thereof;' and that otherwise the facts were the same as in the former case. Upon this state of facts the court entered a judgment lthen appear, and thereafter shall hold by successive (45 Fed. Rep. 159,) and the United States appealed.

Sol. Gen. Aldrich, for appellant.

Henry Pitman, in pro. per.

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

This case depends upon the construction to be given to Rev. St. § 828, wherein there is allowed to the clerk 'five dollars a day for his attendance on the court while actually in session,' taken in connection with section 583, which provides that, 'if the judge of any district court is unable to attend at the commencement of any regular, adjourned, or special term, the court may be adjourned by the marshal, by virtue of a written order directed to him by the judge, to the next regular term, or to any earlier day, as the order may direct;' and with section 672, which contains a similar provision with regard to the absence of the judges of a circuit court. The practice in the district of Rhode Island is stated in the opinion of the court below to be 'that the courts shall meet at the time fixed by law, and transact such business as may then appear, and thereafter shall hold by successive adjournments and appointments at short intervals a substantially continuous session until the next succeeding day for the commencement of a regular term. During the continuance of these sessions the judges have attended in court here whenever their engagements did not take them elsewhere, and on the occasion of their absence, or expected absence, for a time which might be definitely fixed,...