by John Marshall Harlan

Name: United States v. Finnell — Opinion of the Court
Author: by John Marshall Harlan

United States v. Finnell — Opinion of the Court

Summary

“United States v. Finnell — Opinion of the Court”, is a work by by John Marshall Harlan. It explores elements such as attendance, judge and clerk.

Quotes from United States v. Finnell — Opinion of the Court (by John Marshall Harlan)

by John Marshall Harlan, United States v. Finnell — Opinion of the Court

“ When it appears upon the journal that the court met, that the judge was present, that an order was made in court, and that the court adjourned to a specific date, how are the accounting officers of the Treasury to know that such was not the fact? The practice of the departments to pay these bills might have continued for a century without anything to show that they were apprised of the actual facts appearing in the findings, and no inference can be drawn from such practice. ”

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Source: Wikisource

by John Marshall Harlan, United States v. Finnell — Opinion of the Court

“ Now, while, as before stated, if the court be properly opened, no business need be done to entitle the officers to their attendance fees, and when authority to do so is given by statute the clerk or marshal may open the court and adjourn it, we know of no authority under which a clerk may open court at his own will, when he may have some order to enter; nor do we know of any authority under which even a judge may open court without his personal presence, unless specially authorized to do so by statute. ”

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Source: Wikisource

by John Marshall Harlan, United States v. Finnell — Opinion of the Court

“ As will be seen from those sections, the district and circuit courts of the United States are always open for the transaction of certain kinds of business which, we think, may be transacted under the orders of the judge, who may at the time be absent from the place, room, or building in which the court is held. The business transacted by the appellee was such as could be transacted by the clerk under the orders of the judge. It is too narrow an interpretation of the statute to hold that such business was not actually transacted in court. ”

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Source: Wikisource

by John Marshall Harlan, United States v. Finnell — Opinion of the Court

“ When is a court actually in session, for we agree entirely in the opinion of the court that if the court be opened by the judge in person, and no business is transacted, the per diem compensation is still payable. ”

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Source: Wikisource

by John Marshall Harlan, United States v. Finnell — Opinion of the Court

“ Said the court: 'There is ample power in a court which has been regularly convened to adjourn to a futurn time, provided it be not beyond the term; but in the absence of a statute authorizing it, the clerk or other ministerial officer cannot act for the judge in either opening or adjourning court. The clerk is a ministerial officer, and, without statutory authority, can exercise no judicial function. The opening, holding, and adjournment of court are the exercise of judicial power to be performed by the court. ”

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Source: Wikisource

by John Marshall Harlan, United States v. Finnell — Opinion of the Court

“ The district courts, as courts of admiralty and as courts of equity, so far as equity jurisdiction has been conferred upon them, shall be deemed always open, for the purpose of filing any pleading, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, rules, and other proceedings, preparatory to the hearing upon their merits of all causes pending therein. ”

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Source: Wikisource

by John Marshall Harlan, United States v. Finnell — Opinion of the Court

“ Stat. § 828, the whole subject of fees was revised, and an attendance fee allowed to the clerk of $5 per day for his attendance on the court 'while actually in session.' By that act the words 'while actually in session' were first introduced into the law. It is evident that some change was contemplated by the use of these words. For some purposes, notably in admiralty and equity cases (Rev. Stat. §§ 574, 638) , the court may be deemed to be sitting when a judge is present upon a rule day, or makes an order which can only be made by the court ”

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Source: Wikisource

by John Marshall Harlan, United States v. Finnell — Opinion of the Court

“ But if there simply be doubt as to the soundness of that construction,-and that is the utmost that can be asserted by the government,-the action during many years of the Department charged with the execution of the statute should be respected, and not overruled except for cogent reasons. ”

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Source: Wikisource

by John Marshall Harlan, United States v. Finnell — Opinion of the Court

“ Edwards v. Darby, 12 Wheat. 206, 210, 6 L. ed. 603, 604; United States v. Philbrick, 120 U.S. 52, 59, 30 L. ed. 559, 7 Sup. Ct. Rep. 413; United States v. Johnston, 124 U.S. 236, 253, 31 L. ed. 389, 8 Sup. Ct. ”

by John Marshall Harlan

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