In re Upchurch

Citations

• 38 F. 25
• 1889 U.S. App. LEXIS 2779

Syllabus

<p>United States Commissioners — Appointment op Dbpüty-Marsham. Kev. St. U. S. § 1983, provides that the circuit courts of the states and the district courts of the territories from time to time shall increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and examination of persons charged'with violation of the election laws. Section 1984 empowers “ the commissioners authorized to he appointed by the preceding section” within their respective counties to appoint one or more suitable persons, from time to time, who shall execute all such warrants or other process as the commissioners may issue, etc. Held, that since the appointment of commissioners was not authorized for the first time, but merely directed, by section 1983, the power to appoint process servers, given by section 1984. must extend to all commissioners. In any case it would be impossible to distinguish from the rest the class in terms designated by this section.</p>