m an urcnuncn. 25
, In re Urcnuncn.
. (Oircuit Oourl, E. D. North Oarolimz. February 18, 1889.)
Unrrmn Srurns Comnssronmns-Arrorxrunnr or Dmrnrr-Mxnsr-r.u.s.
Rev. St. U. S. § 1983, provides that the circuit courts of the states and the
district courts of the territories from time to time shall increase the number
of commissioners, so as to afford a speedy and convenient means for the ar-
rest and examination of persons charged with violation of the election laws.
Section 1984 empowers " the commissioners authorized to be appointed by the
preceding section" within their respective counties to appoint one or more
" , suitable persons, from time to time, who shall execute all such warrants or
other process as the commissioners may issue, etc. Held, that since the ap-
pointment of commissioners was not authorized for the iirst time. but mere y
directed, by section 1983, the power to appoint process servers, given by sec-
tion 1984, must extend to all commissioners. In any case it would be impos-
sible to distinguish from the rest the class in terms designated by this sec-
tion. t ·
In the Matter of the Account of John R. Upchurch against the United
States for services rendered as special deputy marshal.
, A.-W. Shafer, for petitioner.
. j Smmoua, J. A. W. Shader, Esq., the United States commissioner
holding the appointment for this judicial district of chief supervisor of
elections, shortly before the election of November last, appointed the pe-
titioner, in writing, to execute "al1 such warrants or other process" as
should issue to him from such commissioner in the lawful performance
of his duties, and especially such warrants or other process as might is-
sue under the provisions of chapter 7, tit. 70, Rev. St.; that is, under `
the law in relation to crimes against the elective franchise and the civil
rights of citizens. The question now made is as to the power of the com-
missionertoappoint a person other than the marshal, or oneiof his dep-
uties, to execute process. ` The authority to make the appointment is
claimed under section 1984 of the Revised Statutes. That and the two
preceding sections read as follows: ·
"Sec. 1982. The district attorneys, marshals, and deputy-marshals, the
commissioners appointed by the circuit and territorial courts with power to
arrest, imprison, or bail offenders, and every other oificerwbo is especially
empowered- by the president, are authorized and required, at the expense of
‘ the United States, to institute prosecutions against all persons violating any
of the provisions of chapter 7, of the title * Crimes,’ and to cause such persons
to be arrested and imprisoned or bailed for trial before the court of the United
States, or the territorial court having cognizance of the offense. Sec. 1983.
The circuit courts of the United States. and the district courts of the territories,
from time to time, shall increase the number of commissioners so as to afford _
a speedy and convenient means for the arrest and examination of persons
charged with the crimes referred to in the preceding section; andvsuch com-
missioners are authorized and required to exercise all the powers and duties
conferred on them herein with regard to such oifenses in like manner as they
are authorized by law to exercise with regard to other offenses against the laws
of the United States. Sec. 1984. The commissioners authorized to be ap-
pointed. by the preceding section are empowered within their respective coun- ·‘