by John Marshall Harlan

“ We are somewhat embarrassed by the obscurity of the findings of fact. The second one states that appellant attended the circuit and district courts, 'when in session,' during the terms of those courts, 905 days, while the seventh states that those were days occurring 'between sessions of the courts.' But we assume that the question intended to be presented, and which was determined below, involved the right of a marshal to compensation at the rate of five dollars per day for each day of a term, whether the court was or was not actually in session or sitting on each day so charged. ”

“ Besides, the above act, relating to the accounts of various officers, including marshals, payable out of the money of the United States, provides that nothing contained in it shall be deemed in any wise to diminish or affect the right of revision of the accounts to which it applies by the accounting officers of the treasury as exercised under the previous laws in force. ”