Henry Billings Brown

“ The argument that, while the statute makes no provision for paying the chief supervisor for his attendance upon court, he is entitled, as a commissioner, to the same fees as a clerk for the performance of like services; that the clerk is entitled to a per diem, and therefore the commissioner should be,-is somewhat strained, in view of the fact that he does not attend as commissioner, and that no allowance is ever made to a commissioner for attendance except when hearing and deciding criminal cases himself. ”

“ The only connection of the chief supervisor with the appointment of his subordinates is set forth in section 2026, which provides that he shall receive their applications, and upon the opening of the court 'he shall present such applications to the judge thereof, and furnish information to him with respect to the appointment by the court of such supervisors of election.' The appointments are made by the judge of the court, the order for these appointments is entered by the clerk in his journal, and the commissions are then signed by the judge and delivered to the supervisors. ”

“ As the petitioner made no charge for drawing these instructions to supervisors, to which he would have been entitled under our ruling in U.S. v. McDermott, he is at least entitled to the expense of printing them. ”