Henry Billings Brown

“ While it is true that a criminal cause is begun in the commissioner's office by the filing of a complaint and the issuing of a warrant, it is equally true that there is no 'cause' in the district or circuit court, within the meaning of the law, until an indictment or information is filed. Copies of the process before the commissioner are required by section 1014 to be returned as speedily as may be into the clerk's office of the court, together with the recognizances of the witnesses, etc. ”

“ The object of the provision seems to be to inform the district attorney of the fact that the defendant has been held to bail or committed to await the action of the grand jury,-a proceeding which may be very necessary where the commissioner resides at a distance, and to enable him to prepare an indictment. For filing such papers we have held the clerk to be entitled to a fee, but it is not usual or proper to docket cases as such until the grand jury or district attorney has taken affirmative action in regard to them. ”

“ But the expense of taking the oaths and executing the proper bonds are not so chargeable, since it is the duty of persons receiving appointments from the government to prepare and tender to the proper officer the oaths and bonds required by law ”

“ There would appear to be a negative pregnant here, and it has accordingly been held that in cases not capital the prisoner is not entitled to a copy of the indictment at government expense. U.S. v. Bickford, 4 Blatchf. 337; U.S. v. Hare, 2 Wheeler, Crim. Cas. 288. Nor is he entitled to a list of witnesses and jurors. U.S. v. Williams, 4 Cranch, C. C. 372; U.S. v. Wood, 3 Wash. C. C. 440.
There is no other statutory provision ”