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26 , i _1'EDEnAn wnmronrmu.
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forth in writing, under oath, upon his knowledge or belief, that the opposite
party is in the possession or control of some document to which the applicant
is entitled, such court or a justice may order such opposite party, or if the
same be a bodycorporate, then some officer thereof, to make answer on oath
at or before a time to be fixed in said order, as to what document lie so has
relating to the matter in dispute between the parties, or what he knows as to
the custody of such document, and if in his possession or control, whether he
objects to the production of the same and the grounds of such objection; and
thereupon such court or justice may require the production of said document,
or maycompel the party having the same in his possession or control to _
allow the applicant to inspect the same, and, if necessary, to take examined
copies of the same; and may make such further order thereon as shall be just_
Thispresent motion is not framed in accordance with the statute,
and it must be dismissed.
` ' ” ~ In rc Account of Drsrnxcr Arrommy}
_ (Distric! Uourl, E. 1). Missouri. January 30, 1885.)
Drsrmor Ar·ronNnY’s .b`EES¥SECTION 838, Rav. Sr., Consrnuun.
Expenses and services of district attorneys, in examining revenue reports upon
which no actions are thereafter instituted, fall within the rule for compensa-
. , tion prescribed by section 838 of the Revised Statutes.
William H. Bliss, U. S. Dist. Atty., par se. _ I
Timer, J. An account of the United States district attorney is pre-
sented for the certincate of the judge, under section 838, as to certain
cases enumerated. Under section 824 his fees in most cases become
certain, as the court records show them; yet there are many concerning
l which evidence dehors the court records are necessary, viz., presence
before commissioners, travel, etc. It is important to look at the dates
of the statutes, so that the imperfections or mischiefs to which later
statutes are aimed may furnish guides for interpretation. Under sec-
tion 824: (looking to the dates of the acts consolidated) the district
attorney was allowed fees only in cases actually instituted in this
court, or with respect to proceedings before United States commis-
sioners, and attendant travel. It became apparent to this court,
years ago, that such proceedings before United States commissioners
were liable to abuse, involving injury to parties proceeded against,
and instituted, it might be, to give fees to deputy-marshals and com-
missioners, and involving unnecessary fees and traveling expenses for
the district attorney. Hence the following rule of court was made,
and later the proper department suggested a like rule for all United
States courts:
In every criminal proceeding before a United States commissioner, he shall,
before issuing subpoenas for the hearing of the case, cause the proper United
States district attorney to be informed thereof, and await a reasonable time
lkeported by Benj. F. Rex, Esq., of the St. Louis bar.