Henry Billings Brown

“ Upon the merits, we think the position assumed by the defendant is wholly untenable. The deputy marshals, for whose services the drafts in question were accepted, not only had no claim upon the United States, and no part or share in any such claim, but they had no proper interest in any such claim. Their accounts, for which the drafts were accepted, were claims against the marshal personally, and not against the United States, though they were paid out of the funds to be realized by the marshal from the government. ”

“ The marshal makes his own bargains with his deputies, and is unrestricted in the amount he shall pay them, which may be either a salary, or a proportion of the fees earned by them, except that in computing the maximum compensation to which he is entitled the allowance of no deputy shall exceed three-fourths of the fees and emoluments received or payable for the services rendered by him. ”