Samuel Freeman Miller

“ Without further comment on this, it is sufficient to say that in the present case, as in that, one of the questions, relating to the power of the commissioner to administer the oath in this case, if he had attempted to do it, is, we think, pertinent, and should be answered. ”

“ This case comes before us from the circuit court of the United States for the district of California, upon a certificate of division in opinion between the judges holding that court. It arises out of an indictment against the defendant, M. T. Reilly, in which he is charged with falsely certifying, as a commissioner of the circuit court of the United States for that circuit, to an oath or affidavit taken before him by one Charles Holcomb. ”