after stating the case, delivered the opinion of the court.
Error is assigned only to the allowance of items 1, 2; 6, 8, 9, and 10 of the third finding. '
1. All these items, except the ninth, relate to fees claimed to be authorized by a rule of the court requiring the service to be performed, and, therefore, allowable within the case of
United States
v.
Van Duzee,
A distinction, however, is claimed between the case of a clerk, who is strictly a subordinate officer of the court, and a commissioner, who, it is said, is a separate judicial officer, over Avhom the court has no control. Acting under the constitutional provision, Art. 2, Sec. 2, authorizing it to vest the appointment of -inferior officers in courts of law, Congress provided, as early as 1793, for the appointment by Circuit Courts of “ one or more discreet persons, learned in the law, in any district for which said court is holden,” for the taking of bail for the appearance of persons charged with crime, Avhich authority, however, was “revocable at the discretion of such court.” These officers took the name of “ Commissioners,” and from time to time their duties were extended by different acts of Congress, until they have become an important feature of the Federal judicial system. The present authority for their appointment is found in Rev. Stat. § 627, Avhich authorizes each Circuit Court to appoint, “in different parts of the district for Avhich it is held, so many discreet persons as it may deem necessary, who shall be called ‘ commissioners of the Circuit Courts,’ and shall exercise the powers Avhich are or may be especially conferred by law upon commissioners of Circuit Courts.” The authority given to the Circuit Courts by the original act of 1793, to revoke these appointments at the discretion of the court, is not found in the revision, but Ave held in
Ex parte
Ilennen, 13 Pet.-230, that in the absence of a law fixing the tenure of an office, and of any statutory provision as to the removal of the officer, the poAver of removal was incident to the power of appointment.. A similar construction has been given in other .cases.
Blake
v.
United
States,
The duties of' these officers are prescribed by law, and they are, in general, to issue Avarrants for offences against the United States; to cause the offenders to be arrested and imprisoned, or bailed, for trial, and -to order the removal of offenders to other districts, (Rev.'Stat. § 1014;) to hold to *595 security of the peace and for good behavior, (§ 727;) to carry into effect the award or arbitration, or decree of any consul of any foreign nation; to sit as judge or arbitrator in such differences as may arise between the captains and crews of any vessels belonging to the nations whose interests are committed to his charge; and to enforce obedience by imprisonment until such award, arbitration, or decree is complied with, (§ 728;) to take bail and affidavits in civil causes, (§ 945;) to discharge poor convicts imprisoned for non-payment of fines, (§ 1042;) to take oaths and acknowledgments, (§ 1778;) to institute prosecutions under, the laws relating to crimes against the elective franchise, and civil rights of citizens, and to appoint persons to execute warrants thereunder, (§§ 1982 to 1985;) to issue search warrants authorizing internal revenue officers to search premises, where a fraud upon the revenue has been committed, (§ 3462;) to issue warrants for deserting foreign seamen, (§ 5280;) to summon masters of vessels to appear before him and show .cause why. process should not issue against such vessel, (§ 4546;) to issue warrants for and examine persons charged with being fugitives from justice, (§§ 5270 and 5271,) and to take testimony and proofs of debt in bankruptcy proceedings, (§§ 5003 and 5076.)
While their duties are thus prescribed by law, and while they are, to a certain extent, independent in their statutory and judicial action, there is no law providing how their duties shall be performed ; and so far as relates to their administrative action, we think they were intended to be subject to the orders and directions of the court appointing them. As was said by this court in
Griffin
v.
Thompson,
As the items in question were approved by court, they are presumptively correct,
United States
v. Jones,
,2. This ruling covers all.but the 9th item, “for administering oaths to deputy marshals to verify their accounts of service, as required by the Attorney General, and the accounting officers of the Treasury.”
In the case of
United States
v. McDermott,
As the regulations of the Department of Justice require deputy marshals to certify on oath that the accounts rendered to the marshal are correct, we. think this case is controlled by those above cited, and that the court committed no error in allowing the item.
The judgment of the court below is, therefore, Affirmed.
