United States v. Colman

Nos. 303, 304
Decided Circuit Court of Appeals, Seventh Circuit
Disposition
reversed and remanded
in part scope · unanimous
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Court
Circuit Court of the United States for the Eastern District of Wisconsin
Decided
Judge
WOODS, Circuit Judge
Posture
Judgment on a petition for sums due for services as United States attorney, with partial allowance of demands
Defendant/Claimant (1)
Elihu Colman
Elihu Colman, per se
v.
Plaintiff/Respondent (1)
United States
J. H. M. Wigrnan

Overview

The judgment of the trial court is set aside, and a new judgment in favor of Elihu Colman in the sum of $1,202.40 is ordered.

Case summary

Elihu Colman, former United States attorney for the Eastern District of Wisconsin, petitioned for payment for services rendered from 1890 to 1892. The trial court partially allowed his demands, and both parties appealed. The Circuit Court of Appeals addressed multiple issues regarding per diem and mileage allowances under Rev. St. § 824. The court held that per diem is not authorized for preliminary examinations without formal accusation, mileage may be allowed for successive days before the same commissioner if necessary, but multiple per diems for same-day attendance before one commissioner are not permitted. The court affirmed allowances for court attendance without proof of actual presence but disallowed certain expenditures and mileage claims. The total allowance was reduced by $578.40, and a new judgment for $1,202.40 was ordered.

Abstract

A former United States attorney petitioned for payment of services including per diem and mileage allowances for work from preliminary examinations to court attendance. The appellate court held that per diem is not authorized for preliminary examinations without formal accusation, allowed mileage for necessary successive days before the same commissioner but not multiple per diems for same-day attendance, and affirmed allowances for court attendance without proof of actual presence while disallowing certain expenditures. The trial court's judgment was set aside, reducing the total allowance and ordering a new judgment for the petitioner.

Opinion of the court

Majority
opinion
WOODS, Circuit Judgejoined by JENKINS, 8H0WALTEE
  • Rev. St. § 824 requires formal accusation for per diem allowances
  • Mileage for successive days before same commissioner may be necessary
  • Multiple per diems for same day before one commissioner not allowed
  • Court attendance allowances valid without proof of actual presence
  • Expenditures disallowed without showing propriety and necessity
  • Mileage disallowed for court attendance following commissioner attendance at same place

Jurisdiction

not challenged
Subject matter
Appeal from the Circuit Court of the United States for the Eastern District of Wisconsin
Jurisdictional facts
  • Writ of error prosecuted by each party from the Circuit Court's judgment on a petition for sums due for services as United States attorney

Procedural posture

Posture at trial
Judgment on a petition for sums due for services as United States attorney, with partial allowance of demands
Posture on appeal
Direct appeal via writ of error
Preserved issues
  • Allowance of per diem for attendance before commissioners without formal accusation
  • Allowance of mileage for attendance on successive days before same commissioner
  • Allowance of multiple per diems for attendance before one commissioner on same day
  • Allowance for attendance in court without showing actual attendance
  • Disallowance of expenditures for printing and stenographer's services
  • Disallowance of mileage for court attendance following commissioner attendance at same place

Subsequent history

Petition for rehearing
not filed

Legal categories

Business

Case record

Full case name
UNITED STATES v. COLMAN. COLMAN v. UNITED STATES.
Docket number
Nos. 303, 304
Court
Circuit Court of Appeals, Seventh Circuit
Trial court
Circuit Court of the United States for the Eastern District of Wisconsin
Decided
Opinion author
WOODS, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
WOODSJENKINS8H0WALTEE

Issues & holdings

6
Issues raised
2
reversed
4
affirmed
6
Holdings
Standard of review

de novo

Disposition rationale

The statute does not apply to such preliminary examinations; formal accusation required

Preservation

Issue preserved for review

Standard of review

clearly erroneous

Disposition rationale

Mileage may be necessary even for successive days unless necessity for next day's presence is known before departure

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Statute does not support multiple charges for same day attendance before one commissioner

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Allowed under precedent U. S. v. Smith

Preservation

Issue preserved for review

Standard of review

clearly erroneous

Disposition rationale

Disallowance proper without showing expenditures were proper and necessary

Preservation

Issue preserved for review

Standard of review

clearly erroneous

Disposition rationale

Travel not necessary if already present at same location

Preservation

Issue preserved for review

Holdings of the court

Per diem for preliminary examinations without formal accusation
Rev. St. § 824 does not authorize per diem and mileage for preliminary examinations where no formal accusation has been made and witnesses are not examined
Based on U. S. v. Patterson and U. S. v. Stanton, a criminal charge requires formal written complaint; preliminary examinations to determine whether to make charges are not covered
unanimousbinding precedent
Mileage for successive days before same commissioner
Mileage may be properly allowed for attendance on successive days before the same commissioner if necessary, unless necessity for next day's presence is known before departure
U. S. v. Shields distinguished; necessity is a factual determination
unanimousbinding precedent
Multiple per diems for same day attendance before one commissioner
Rev. St. § 824 does not authorize multiple per diem charges for attendance before one commissioner in different cases on the same day
Statute allows per diem 'for the time necessarily employed'; multiple charges for same day before one commissioner not supported by language or precedent U. S. v. Erwin and U. S. v. King
unanimousbinding precedent
Per diem for court attendance without showing actual attendance
Per diem can be allowed for attendance in court on days court is open, even without showing actual attendance
Follows U. S. v. Smith
unanimousbinding precedent
Disallowance of expenditures for printing and stenographer's services
Expenditures for printing and stenographer's services properly disallowed when not shown to be proper and necessary
Without finding of propriety and necessity, as in U. S. v. Stanton, disallowance is correct
unanimousbinding precedent
Disallowance of mileage for court attendance following commissioner attendance
Mileage properly disallowed for court attendance on a day following commissioner attendance at same place
Travel not necessary if already present; consistent with U. S. v. Stanton
unanimousbinding precedent

Error analysis

  • Allowance of per diem for preliminary examinations without formal accusation — statutory · error foundError affected total allowance amount · not harmless
  • Allowance of multiple per diems for same day attendance before one commissioner — statutory · error foundError contributed to excessive total allowance · not harmless

Statutory interpretation

1
Statute
Rev. St. § 824
Question
Whether it authorizes per diem and mileage for examinations 'before a judge or commissioner of persons charged with crime'
Court's reading
Requires formal accusation; does not apply to preliminary examinations without formal charge
Canons applied
Plain meaningPrecedent-based interpretation

Burden of proof

Prosecution burden
Not applicable (civil claim for compensation)
Defence burden
Colman bore burden to show entitlement to compensation under statute
Burden met
false

Standards of review

  • Interpretation of Rev. St. § 824 for per diem allowances — de novo Statutory interpretation reviewed de novo
  • Factual findings on necessity of mileage and expenditures — clearly erroneous Trial court's factual findings reviewed for clear error

Timeline

3
Events
2,422
Days, incident to ruling
—
Span
factual eventcited in opinion

Elihu Colman begins service as United States attorney for the Eastern District of Wisconsin

Start of period for which compensation is claimed

Elihu Colman
factual eventcited in opinion

Elihu Colman ends service as United States attorney for the Eastern District of Wisconsin

End of period for which compensation is claimed

Elihu Colman
appeal eventcited in opinion

Circuit Court of Appeals issues opinion on cross-appeals, setting aside judgment and ordering new judgment

Outcome: Judgment set aside and new judgment ordered for $1,202.40

Final disposition of the appeal

WOODS · JENKINS · 8H0WALTEE appellate court

Facts & evidence

Key facts

4 facts
  1. Elihu Colman served as United States attorney for the Eastern District of Wisconsin from February 17, 1890, to April 24, 1892
  2. He petitioned the United States for payment for services rendered
  3. The trial court made a special finding of facts and conclusions of law under statute 24 Stat. 505
  4. The court allowed some items and disallowed others, leading to cross-appeals

Procedural history

3 steps
  1. Colman filed petition against United States for services rendered
  2. Trial court partially allowed demands
  3. Both parties prosecuted writs of error to the Circuit Court of Appeals

Evidence in the record

Documentary
  • Special finding of facts and conclusions of law by trial court under 24 Stat. 505
  • Former accounts duly allowed
Challenged
  • Evidence type: Per diem allowances for attendance before commissioners · Challenge basis: Statutory authority under Rev. St. § 824 · Trial court ruling: admitted · Reasoning: Allowed in part for examinations where warrants issued · Challenged on appeal: true · Appellate outcome: reversed
  • Evidence type: Mileage allowances for attendance before commissioners · Challenge basis: Necessity under Rev. St. § 824 · Trial court ruling: admitted · Reasoning: Found necessary by trial court · Challenged on appeal: true · Appellate outcome: affirmed

Sentencing

Sentence imposed
Judgment for $1,202.40 in favor of Colman
Sentence type
discretionary
Sentence challenged on appeal
false

Authorities

Cited authorities (7)

U. S. v. Patterson, 150 U. S. 65, 14 Sup. Ct. 20
followedquotedprecedent
Cited for proposition that criminal charge requires formal written complaint
U. S. v. Stanton, 17 C. C. A. 475, 70 Fed. 890
followedquotedprecedent
Cited for holding that Rev. St. § 824 requires formal accusation for per diem allowance
U. S. v. Shields, 153 U. S. 88, 14 Sup. Ct. 735
distinguishedprecedent
Distinguished regarding mileage for continuous sessions vs. successive days before commissioner
U. S. v. McMahon, 13 C. C. A. 257, 65 Fed. 976
criticizedprecedent
Disagreed with regarding allowance of multiple per diems for same day attendance before one commissioner
U. S. v. Erwin, 147 U. S. 685, 13 Sup. Ct. 443
distinguishedprecedent
Cited for allowing per diem for commissioner and court attendance on same day, but not for multiple per diems before one commissioner
U. S. v. King, 147 U. S. 676, 13 Sup. Ct. 439
distinguishedprecedent
Cited for allowing per diem for clerk and deputy at different places, but not for multiple per diems before one commissioner
U. S. v. Smith, 158 U. S. 346, 352, 15 Sup. Ct. 846
followedprecedent
Cited for allowing per diem for court attendance without showing actual attendance

Related cases (7)

U. S. v. Patterson, 150 U. S. 65, 14 Sup. Ct. 20
precedent
Held that criminal charge requires formal written complaint
U. S. v. Stanton, 17 C. C. A. 475, 70 Fed. 890
precedent
Held section requires formal accusation for per diem allowance
U. S. v. Shields, 153 U. S. 88, 14 Sup. Ct. 735
precedent
Distinguished regarding mileage for continuous sessions
U. S. v. McMahon, 13 C. C. A. 257, 65 Fed. 976
precedent
Disagreed with regarding multiple per diems for same day
U. S. v. Erwin, 147 U. S. 685, 13 Sup. Ct. 443
precedent
Held per diem allowed for commissioner and court attendance on same day
U. S. v. King, 147 U. S. 676, 13 Sup. Ct. 439
precedent
Held per diem allowed for clerk and deputy at different places
U. S. v. Smith, 158 U. S. 346, 352, 15 Sup. Ct. 846
precedent
Held per diem allowed for court attendance without showing actual presence

Statutes

  • Rev. St. § 824 (per diem and mileage for examinations before judge or commissioner)
  • 24 Stat. 505 (authority for special finding of facts)

Standards & doctrines

  • De novo review for statutory interpretation
  • Clearly erroneous review for factual findings

Legal principles applied

  • Statutory authority required for compensation of government officers
  • Precedent-based interpretation of Rev. St. § 824

Notable quotes

““the inquiry is never limited to the fact or character of services, but always extends to the statutory authority for compensation””
majority — Citing U. S. v. Patterson regarding statutory authority for per diem allowances
Emphasizes that entitlement to compensation depends on statutory authorization, not just service rendered
““a criminal charge, strictly speaking, exists only when a formal written complaint has been made against the accused, and a prosecution initiated””
majority — Quoting U. S. v. Patterson to define when a person is charged with crime under Rev. St. § 824
Key definition limiting per diem allowances to formal accusations
Index terms58
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal evidence
Legal arguments
Legal defenses
Legal penalties
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Judges
Attorneys
Procedural terms
Entities and documentation
Legal actions
Action type
reversed and remanded
Target
trial court judgment on per diem allowances for preliminary examinations without formal accusation
Appealed from
Circuit Court of the United States for the Eastern District of Wisconsin
Context
Court reversed allowance of per diem for preliminary examinations under Rev. St. § 824, holding formal accusation required
Scope
in part
Further instructions
New judgment to be entered recalculating total allowance
Disposition vote
unanimous
Action type
affirmed
Target
trial court allowance of mileage for successive days before same commissioner
Appealed from
Circuit Court of the United States for the Eastern District of Wisconsin
Context
Court affirmed mileage allowance, finding it may be necessary unless necessity for next day's presence known before departure
Scope
full
Disposition vote
unanimous
Action type
reversed
Target
trial court allowance of multiple per diems for same day attendance before one commissioner
Appealed from
Circuit Court of the United States for the Eastern District of Wisconsin
Context
Court reversed allowance, holding Rev. St. § 824 does not authorize multiple charges for same day before one commissioner
Scope
in part
Further instructions
Item disallowed in new judgment
Disposition vote
unanimous
Action type
affirmed
Target
trial court allowance for court attendance without showing actual attendance
Appealed from
Circuit Court of the United States for the Eastern District of Wisconsin
Context
Court affirmed allowance based on U. S. v. Smith
Scope
full
Disposition vote
unanimous
Action type
affirmed
Target
trial court disallowance of expenditures for printing and stenographer's services
Appealed from
Circuit Court of the United States for the Eastern District of Wisconsin
Context
Court affirmed disallowance, as expenditures not shown proper and necessary
Scope
full
Disposition vote
unanimous
Action type
affirmed
Target
trial court disallowance of mileage for court attendance following commissioner attendance
Appealed from
Circuit Court of the United States for the Eastern District of Wisconsin
Context
Court affirmed disallowance, as travel not necessary if already present at same location
Scope
full
Disposition vote
unanimous
Action type
set aside and ordered new judgment
Target
trial court judgment total allowance
Appealed from
Circuit Court of the United States for the Eastern District of Wisconsin
Context
Court set aside judgment and ordered new judgment for $1,202.40 after reducing total by $578.40 due to errors
Scope
full
Further instructions
Enter new judgment in favor of Colman for $1,202.40
Disposition vote
unanimous
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