United States v. Tanner
| Decision Date | 06 March 1893 |
| Docket Number | No. 335,335 |
| Citation | 37 L.Ed. 321,147 U.S. 661,13 S.Ct. 436 |
| Parties | UNITED STATES v. TANNER |
| Court | U.S. Supreme Court |
Action by John R. Tanner, United States marshal, against the United States, to recover mileage fees. From a judgment for plaintiff, the United States appeals. Reversed.
Statement by Mr. Justice BROWN:
This was a petition to recover for services, as marshal of the United States for the southern district of Illinois, in executing certain warrants of commitment of prisoners to the penitentiary at Chester, Ill. The claims were for travel fees in the service of the warrants, and were disallowed by the comptroller upon the ground that a claim for mileage had already been allowed for, as 'transportation' for the deputies who executed the writs. The fifth finding of fact was that 'prior to or about the 1st of October, 1885, it had been the usual practice of United States marshals to charge mileage in their accounts for going to serve writs of commitment within their respective districts, six cents a mile, in additions to ten cents a mile, each, for transportation of themselves or deputies, prisoners, and guards; and such charge, when made, had been allowed by the accounting officers of the treasury until the date named, when the practice was changed, and such mileage was thereafter not allowed.'
Upon this state of facts the court found, as a conclusion of law, that petitioner was entitled to recover the sum of $128.16. 25 Ct. Cl. 68. The United States appealed.
Sol. Gen. Aldrich, for the United States.
Geo. A. King, for appellee.
Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.
This is a claim by a marshal for travel fees in serving warrants of commitment to a penitentiary. The claim is made under that clause of Rev. St. § 829, which allows 'for travel, in going only, to serve any process, warrant, attachment, or other writ, including writs of subpoena in civil or criminal cases, six cents a mile, to be computed from the place where the process is returned to the place of service, or, when more than one person is served therewith, to the place of service which is most remote, adding thereto the extra travel which is necessary to serve it on the others.' An allowance had already been made to petitioner under another clause of section 829, 'for transporting criminals, ten cents a mile for himself, and for each prisoner and necessary guard.' The effect of the allowance would be to give the marshal 16 cents per...
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