Samuel Freeman Miller

“ But as we feel well assured that the claiment, who has done everything in his power to secure action upon his account by the district attorney and the court, and who has a just claim against the government for services rendered under the act of congress, has a remedy in the court of claims, we do not see why he should be compelled first to resort to a writ of mandamus against the circuit court. ”

“ This is an appeal from the court of claims brought by the United States to reverse a judgment obtained by John F. Knox, the appellee, for the sum of $196 for services as a commissioner of the circuit court of the United States for the Northern district of Texas. These services were the keeping of a docket, and making entries therein, in regard to parties brought before him charged with violations of the laws of the United States. Two objections were made in the court below, and are reproduced here, to the claimant's right to recover in the court of claims. ”

“ If there were no other this might be so, but the attempt to proceed by mandamus would raise the question, always a troublesome one, whether it is a part of the judicial function to take part in auditing the accounts against the government, or preparing them for submission to the auditing officers. ”