by John Marshall Harlan

“ The attorney general shall, whenever in his opinion the public interest requires it, employ and retain, in the name of the United States, such attorneys and counselors at law as he may think necessary to assist the district attorneys in the discharge of their duties, and shall stipulate with such assistant attorneys and counsel the amount of compensation, and shall have supervision of their conduct and proceedings. ”

“ Attorneys and counselors specially employed to render legal services for the United States cannot, therefore, under existing legislation, be compensated for such services, in the absence of the certificate of the attorney general required by section 365 of the Revised Statutes. In accepting such employment, they take the risk of the officer giving such a certificate as ought to be given. If he fails or refuses to give the required certificate, congress alone can provide for compensation. ”

“ Whenever the head of a department or bureau gives the attorney general due notice that the interests of the United States require the service of counsel upon the examination of witnesses touching any claim, or upon the legal investigation of any claim, pending in such department or bureau, the attorney general shall provide for such service. ”