Henry Billings Brown

“ Indeed, it seems highly improbable that congress should put the fees of commissioners upon the same basis as those of clerks, with the exception of docket fees, and make it a mere temporary expedient applicable only to the appropriation for a single year, when the same reasons would continue to exist for making it of permanent application. ”

“ It appears, however, that under the laws of Tennessee, upon the subject of criminal procedure, (section 5877,) the magistrate may, 'for good cause, adjourn the examination from time to time, without the consent of the defendant, not exceeding three days at any one time; and in such case, if the offense is not bailable, or if the defendant does not give the bail required, he shall be committed to jail in the meantime ”

“ The office of a proviso, generally, is either to except something from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of it, as extending to cases not intended by the legislature to be brought into its purview. ”

“ A majority of the courts in which this question has arisen have adopted this view. Faris v. U.S., 23 Ct. Cl. 374; Strong v. U.S., 34 Fed. Rep. 17; McKinistry v. U.S., Id. 211; Thornley v. U.S., 37 Fed. Rep. ”