28 _ FEDERAL UREPORTEB.
and be paid from the treasury such sum as the secretary of the treasury shall
deem just and reasonable, upon the certificate of the judge before whom such
cases are tried or disposed of. "
Resting upon an extremely narrow and technical construction of the
wordslast quoted, it is said that the treasury department has ruled
that the provisions of this section apply only to cases actually insti-
tuted, thereby defeating the broad purpose and just ends sought to
be obtained by the statute. There was no need of a new statute to
give the district attorney fees in cases instituted; but there was need
of compelling him to bring no suits until full examination first had
in his ofnce. If suits were to be brought on all reports made, how-
ever frivolous, and thereby his and other costs incurred to the detri-
ment of the public treasury, and the outrage of the citizen, the statute
in question would not have been passed. To prevent so lamentable
a condition of affairs, and to secure an honest and diligent investi-
gation, congress provided that for such investigation proper compen-
“ sation be awarded, without compelling the unjustifiable and expensive
process of useless litigation. But it is urged that the language of
section 838 is confined in terms to a "certiiicate of the judge before
whom such cases are tried or disposed of;" and hence the district at-
torney, who by the section is required to make due "inquiry and ex-
amination" to avoid wrongful suits, must loose all compensation, or
bring suits regardless of their merits. Such an interpretation seems
suicidal. In a very narrow sense no "case" is tried or disposed of
by a judge until formally instituted in cou-rt; yet many accusations
and proceedings, through habeas corpus, or before commissioners, etc.,
are "disposed of" without technical trial. The term "case," as used
in the statute, was intended to cover, and does cover, all complaints
reported by revenue ofiicers to the district attorney, which might be
subject to the final determination of the court, by trial or other ac-
tion therein. They have come within the reach of judicial adminis-
tration,.and are within the purview of the statute. If this be not so,
then the mischief sought to be cured will still exist with increased
force.
lt is held, therefore, that the expenses and services of the district
attorney’s office in examining revenue reports, when no judicial ac-
tion thereon is thereafter formally instituted, fall within the rule for
compensation prescribed. True, the judge must be satisfied as to
said expenses and services in order to certify what is "just and rea-
sonable." Some of the cases involve as large a measure of "inquiry
and examination" as if they had passed through indictments to a
hnal trial, with heavy costs for witnesses and jury service; all of which
can be saved to the government, and consequently are within the pur-
view of the statute.
What is meant, under section 838, by "cases tried or disposed of
before the judge ?" Section 824 fixed the fees of the district attorney
in case formally prosecuted before the court. Hence, if section 838