MR. JUSTICE BROWN, after stating the case, delivered the opinion of the court.
This case depends upon the single question whether a District Attorney is entitled to charge a per-diem for services before a United States commissioner upon the same day that he is allowed a per-diem for attendance upon the court.
By Rev. Stat. § 824, he is allowed $5 "for each day of his necessary attendance in a court of the United States, on the business of the United States...
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