Henry Billings Brown

“ The delivery of a warrant of commitment to a warden of a penitentiary is in no sense a service of a process, warrant, attachment, or other writ, within the meaning of the clause first above cited. The word 'process,' as used in that clause, evidently refers to process for bringing persons or property within the jurisdiction of the court, and not to warrants of commitment, by virtue of which criminals are transported from the court to the place of commitment. ”

“ Not only does the transportation of a prisoner imply a travel in company with him, but section 829 expressly allows a fee of fifty cents for 'every commitment * * * of a prisoner,' which implies the deposit of a warrant of commitment with the jailer. In some jurisdictions the prisoner is committed and held under a certified copy of the sentence, and no commitment at all is used. ”

“ Graham, 110 U.S. 219, 3 Sup. Ct. Rep. 582; Swift Co. v. U.S., 105 U.S. 691. It is only in cases of doubt that the construction given to an act by the department charged with the duty of enforcing it becomes material. ”