26 _ FEDERAL = nnroarrsn, vol. 38.
ties to appoint, in writing, under their hands, one or more suitable persons,
from time to time, who shall executeall, such warrants or other process as the
commissioners may issue in the lawful performance of their duties. */ * *"
A A casual" reading of section 1984 might lead to the opinion that it was
intended to limit the power to deputize to commissioners expressly ap-
pointed under the preceding section, ` No possible reason can be assigned
for such a discrimination between different commissioners; and enforcing
_ it would be practically impossible, for no method is provided of deter-
mining which, if any, of such officers have been appointed under, or in
‘ consequence of, the enactment of the legislation brought forward by the
revisers as section 1983. To take the case at bar: Mr; Shaii"er’s com-
mission was issued after April 6, ,1866,+the date of such legislation,--
V but there i  no reference to it in the commission, andno record shows
either that he was or that he was not appointed with any reference
thereto. Moreover, a critical reading of section 1983, supra, shows that it
does not in fact authorize the appointment of commissioners. Such au-
thorization; already existed without any limitation as to number in a
previous section:     F ,
"Sec. 627. Each circuit court may appoint, in different parts of the dis-
trict for which it is held, so many discreet persons as it may deem necessary,
i who shall be called * commissioners of the circuit courts,’ and shall exercise
the powers which are or may be eirpressly conferred by law upon commission-
ers of circuit courts." ’ _ *   ‘ ( i
_ Section 1983 merely directs the circuit courts to. increase the number
of such commissioners, gives a reason for the direction, and enjoins upon
United States commissioners generally (for the words "such commission-
ers" in that section can have noother relation than to the Iword "commis—
sioners" in the precedingsectiou) the diity of enforcing the penal statutes
referred to in section 1982; that is to say, the section has only a direct-
ory function, , But, if section;1983 does not authorize the appointment
of commissioners, the words "authorized to be appointed by the preced-
ing section" must be held (1) either to render the whole _of section 1984
insensible because the whole of what follows refers to them; (2) be mod-
ified by interpretation; or (3) disregarded on the well-known principle,
as applicable to statutes as to deeds or wills, utils per inutde non odiatur.
The first course is not to be taken unless no other can be adopted. The
words in question might, if such appeared to have been the intention of
the legislature, be interpreted tomean the commissioners appointed in T
consequence of the direction of thefpreceding section'. But I am satisfied
from a reading of the whole of theithree sections quasar aapra, that the
-·’ word "commissioners," used. in section *1984, was intended to have the
same relation that the same word has in section 1983. The first of these
three sections makes it the dutyofalloommissioners of circuit courts to
institute prosecutions against persons violating the provisions of chapter
7"of `the title "Crimes." The second requires the courts to increase the
number of such commissionersso as toafiord a speedy means of arresting ,
and- examining. persons so prosecuted', while the third gives such com-
, missioners power toirdeputize persons to execute the process issued in