Howell Edmunds Jackson

“ This allowance clearly contemplated that an attorney, during the term of the court, might or would be detained on Sunday at the place where the court was held. It is true, in the present case, that the district attorney has made no claim for a per diem allowance for Sunday; but it certainly cannot be held that this left it optional with him to waive his per diem fee, and take mileage to and from his home in lieu thereof, as a matter of pleasure or convenience to himself, especially when the mileage exceeded the per diem allowance. ”

“ The additional findings of fact read as follows: 'The sum of $278.50 is mileage, at ten cents per mile, for travel performed by claimant, as district attorney, during the terms of the United States circuit and district courts, in returning each Saturday during said terms to his home, at Canton, from Cleveland, the place of holding court, and going each Monday morning following to Cleveland, to attend said courts, on the business of the United States. The distance traveled each round trip was 116 miles. ”

“ In the present case there was, however, no cessation, interruption, or adjournment of the court for any judicial day of the term, but only from Saturday to Monday, leaving the district attorney entitled to his per diem allowance for remaining at the place of holding the court for the nonjudicial day,-Sunday. ”