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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


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.

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