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cases such as bail, the qualifications of jurors, the authentication of documents, admissible as evidence and otherwise, where the Federal statutes so direct.

A suit by the United States to recover a penalty for the importation of contract laborers, or for the violation by a railroad company of the Safety Appliance Act and of the act for bidding cattle to be kept in a car for a period longer than twenty-eight hours without unloading, are treated as actions of debt and the pleadings conform in general to the State practice.8 So were actions to recover penalties under the Tariff Acts of March 3, 1823,9 and of June 10, 1890.10 A proceeding to disbar an attorney 11 and to punish for contempt 12 are not criminal prosecutions within the meaning of the Fifth and Sixth Amendments, although they are in many respects assimilated to these.13

The defendant may be an individual, a corporation,14 a quasi corporation 15 or a joint stock company.16 An officer on a foreign man of war is subject to the criminal jurisdiction of the Federal courts for a crime, such as smuggling 17 and violation of the White Slave Law 18 committed by him ashore; provided at least, that he is arrested on shore. 19 Criminal proceedings are initiated by a complaint,20 an information,21 a presentment 22 or an indictment.23 In a few cases, they are begun by arrests without a warrant.24

a

The prosecutor in a criminal action in a Federal court for crime against the United States is the District Attorney of

≈ İnfra, § 493.

4 Infra, § 508.

5 Infra, § 523.

6 U. S. v. Regan, 232 U. S. 37.

7 U. S. v. Atlantic Coast Line R.

Co., 153 Fed. 918.

8 N. Y. C. & H. R. R. Co. v. U. S., S. C. A., 165 Fed. 833, supra, § 454. 9 Ch. 58, 3 St. at L. 781; StockWell v. U. S., 13 Wall. 531.

10 Ch. 407, § 9, 26 St. at L. 135;

U. S. v. Zucker, 161 U. S. 475.

11 Thatcher v. U. S., 212 Fed. 801. 12 Gompers v. U. S., 233 U. S. 604, 611.

13 Ibid. Supra, § 438.

14 John Gund Brewing Co. v. U. S., 204 Fed. 17; U. S. v. McAndrews & Forbes Co., 149 Fed. 823.

15 U. S. v. American Express Co., 199 Fed. 321.

16 U. S. v. Adams Express Co., 229 U. S. 381.

17 U. S. v. Thierichens, 243 Fed. 419.

18 Ibid.

19 See supra, §§ 94, 102a, 167. 20 Infra, § 485.

21 Infra, § 494.

22 Infra, § 493a.

23 Infra, § 495.

24 Infra, § 484.

the United States for the district where the case is tried.25 The committing magistrate is usually a United States Commissioner.2 26 The power of commitment and of the issue of warrants of arrest is also vested in any Justice or Judge of the United States and any Chancellor, Judge, Justice of the Peace, Mayor or other Magistrate of the State where the accused was found.27

§ 483f. Prosecuting officer in the Federal courts. The prosecuting officer in the Federal courts is the District Attorney of the United States for the district where the case is tried. In any action which may be brought against any person for or on account of anything done by him while an officer of either House of Congress in the discharge of his official duty, in executing any order of such House, the District Attorney for the district within which the action is brought, on being thereto requested by the officer sued, shall enter an appearance in behalf of such officer.2 It is the duty of the District Attorney of the United States to appear in contempt proceedings, instituted to vindicate the authority of the national government.8 The Federal courts will not recognize a criminal prosecution instituted before them as legal, unless it is instituted and prosecuted by the District Attorney. It has been held, however, that a Federal court cannot dismiss a proceeding pending before a United States Commissioner.5.

Where a criminal proceeding has been instituted in the State court against an officer of the United States and has been subsequently removed to a District Court of the United States, it is the duty of the State prosecutor to continue the prosecution and of the United States District Attorney to defend it. A District Attorney has no power to bind the United States

25 Infra, § 483e.

26 Infra, §§ 483f, 488-489.

27 U. S. R. S., § 1014; Bagnall v. Ableman; 4 Wisc. 163; Ex parte Gist, 26 Ala. 156. Infra, §§ 485-489.

§ 483 f. 1 U. S. R. S., §771, Comp. St., § 1296.

2 Act of March 3, 1875, ch. 130, § 8, 18 St. at L. 401, Comp. St., § 117.

3 Riggs v. Supervisors, Woolworth, 377; Durant v. Washington County, Woolworth 297, Fed. Cas. No. 4,191; Kahn C. C. A., 204 Fed. 581, supra, § 430a.

4 U. S. v. McAvoy, 4 Blatchf. 418; U. S. v. Doughty, 7 Blatchf. 424.

5 U. S. v. Schumann, 2 Abb. U. S. 523.

6 Delaware v. Emerson, 8 Fed. 411.

it

by a contract, giving immunity to an accomplice for turning State's evidence. He is aided by assistants appointed by the Attorney General.7

§ 483g. United States commissioners. The committing magistrate in the District Courts of the United States is usually a United States Commissioner. His functions correspond to those of a Justice of the Peace under the common law.

Originally the only committing magistrates in the case of crimes against the United States were the Justices and Judges of the Courts of the United States and the Chancellor, Judges, Justices of the Peace, Mayors or other magistrates, of the respective States where the accused was found. The task was usually performed by the local Justices of the Peace.2 In 1793, the Circuit Courts of the United States were authorized to ap3 "discreet persons learned in the law" to take bail in point, criminal causes. Their powers were enlarged by the Act of 1817, which describes them as the "commissioners who now are or whoafter may be appointed." The Act of 1842 authorized the appointment of Commissioners of the Circuit Courts with the powers of the Justices of the Peace in respect of "arresting, imprisoning or bailing" offenders against the laws of the United States.5 The Act of May 28, 1896, abolished the offices of Commissioners of the Circuit Court and made it the duty of the District Court of each judicial district to appoint United States Commissioners who should have the same power and perform the same duties as were then imposed upon Commissioners of the Circuit Courts.6

"Such Commissioners shall keep a complete record of all proceedings before them in criminal cases, in a well-bound book, which record book shall be delivered to and preserved by the clerk of the District Court for such district on the death, resig nation, removal, or expiration of term of the commissioners, for

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§ 483g. 11 St. at L. 91. See U. S. R. S., § 737, Jud. Code, § 270.

2 Sanford v. Nichols, 13 Mass. 286; U. S. v. Maresca, 266 Fed.

31 St. at L. 334.
43 St. at L. 350.

55 St. at L. 716. See U. S. R. S., § 1014.

6 Ch. 252, § 19, 29 St. at L. 184, Comp. St., §§ 1333, 1677, quoted in full, supra, § 418.

which record the commissioners shall receive no compensation." 7 They should enter therein "on the day the transactions occur, the issuing of each warrant, upon whose complaint and request the same was issued, the nature of the offense, and the officer to whom the warrant was delivered for service, together with the proceedings had under said warrant; there shall be entered the names of the witnesses present and examined, and their fees, the name of the guard, if any, and his fees, together with the marshal's fees; and all of said fees, together with mileage and expenses allowed by law, and a statement of the commissioner's own fees, shall be properly entered upon the warrant when returned to the commissioner. After the close of such examination the commissioner shall forward to the Clerk of the U. S. District Court for the proper district all the papers in the case, with a proper transcript of the proceedings, in which he shall schedule the papers forwarded." In Maine, it is his duty to keep a record that will show what warrants were issued and who were arrested, imprisoned, bailed or discharged.

A United States commissioner is an adjunct of the court, possessing independent; though subordinate judicial powers of his own.10 When considering under a special statute 11 the status of an alleged Chinese laborer, he is holding a court of his own which is by statute inferior to the District Court 12 and said latter court has the power to review his decision upon an ap peal.13 When taking testimony in equity or assessing damages in admiralty, he is sitting in the District Court.14 It has been said that when sitting in extradition proceedings he is not holding any court; 15 but that when conducting a preliminary examination in criminal proceedings and acting as a committing magistrate he sits in the District Court.16 He has no power to

7 Ibid., § 21, Comp. St., §§ 1652, 1451.

8 General Order of Court, Governing the Conduct of United States Commissioners; Roe's Criminal Procedure 25.

9 Frost v. Holland, 75 Maine 108. 10 Grin v. Shine, 187 U. S. 181, 187.

11 25 St. at L. 479, § 13, infra,

$ 694.

12 U. S. v. Maresca, 299 Fed. 713. 13 25 St. at L. 479, § 13, infra, $ 694.

14 U. S. v. Maresca, 266 Fed. 713.
15 Ibid.
16 Ibid.

punish for contempt.17 Where he is called upon to grant or assist in a new statutory remedy which is attacked as unconsti- • tutional, he is bound to refer that matter to the higher court unless the constitutional question is extraordinarily plain.18 It has been said that his proceedings cannot be reviewed by the writ of certiorari issued from a District Court; 19 but that where his order is final and not interlocutory, it may in a proper case be reviewed by a writ of error from the Circuit Court of Appeals.20

§483h. Criminal jurisdiction of national park commissioners. The respective District Courts of the districts where the principal National Parks are located have power to appoint commissioners as follows: In the Eastern District of Arkansas for the Hot Springs Reservation. In the Northern District of California for the Yosemite National Park. In the Southern District of California, one commissioner for the Sequoia National Park and the General Grant National Park. In the District of Montana for the Glacier National Park. In the District of Wyoming for the Yellowstone National Park. These commissioners have jurisdiction to punish offenses committed by violations of the respective laws under which they were appointed, and by violations of the rules and regulations made by the Secretary of the Interior for the governments of the respective parks for which such appointments were made and for the protection of the animals, birds, and fish, and objects of interest therein, and for other purposes authorized by such acts. They

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4 Act of August 22, 1914, ch. 264, § 6, 398, St. at L. 700, Comp. St., § 5249f.

5 Act of May 7, 1904, ch. 72, § 5, 28 St. at L. 74, Comp. St., § 5194. 636 St. at L. 1086, Comp. St., $5266; Act of June 2, 1920, ch.

§§ 7, 8. Comp. St., §§ 5208b, 5208c, 5216a, 5216b; 398 St. at L. 700, Comp. St., § 5249f, 36 St. at L. 1086, Comp. St., § 5266; 38 St. at L. 74, Comp. St., § 5194.

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