United States v. Crosthwaite, 168 U.S. 375 (1897)

United States v. Crosthwaite


No. 77


Submitted November 1, 1897
Decided November 29, 1897
168 U.S. 375

APPEAL FROM THE COURT OF CLAIMS

Syllabus

Attorneys and counselors specially employed to render legal services for the United States cannot, under existing legislation, be compensated for such services in the absence of the certificate of the Attorney General required by Rev.Stat. § 365, and if he fails or refuses to give such certificate, Congress alone can provide for compensation.

One who receives a commission as special assistant to a District Attorney for particular cases, or for a single term of court, or for a limited time, is not an Assistant District Attorney within the meaning of Rev.Stat. § 365, and therefore the certificate of the Attorney General prescribed therein is a prerequisite to the allowance of compensation.

The case is stated in the opinion of the Court.