David Josiah Brewer

“ Whenever the attorney general calls upon a district attorney to appear for the government in a case pending in the court of appeals, he is not directing him in the discharge of his official duties as district attorney, but is employing him as special counsel. ”

“ But, wherever held, the court of appeals is not a court in or for any district. The act creating that court (25 Stat. 517) does not create a court in or for a district, but one in and for each circuit. The relations of that court to a district are similar to those of this court. The supreme court is not a court in or of or for a district, but in and of and for the United States as a whole. ”

“ In the act creating the court of appeals there is no special direction to any attorney to represent the government. Clerks and marshals were provided for, but the act is silent as to who shall represent the government as its counsel. ”