
    THOMAS SMITH v. THE UNITED STATES.
    [26 C. Cls. R., 568; 158 U. S. R., 346.]
    
      On both parties’ Appeals.
    
    A district attorney is directed by the Attorney -General or by a district court to appear on behalf of the United States in numerous cases. The Attorney-General allows $600 as just compensation for the services. The accounting officers refuse payment on the ground that he has received the maximum compensation of the office.
    The court below decides:
    1. Mileage does not come within the meaning of the words “fees and emoluments” (Rev. Stat., sec. 833). Mileage is a commutation or substitute for expenses for travel; it is a reimbursement at a fixed rate.
    2. But a district attorney’s fee of $5 per day for attendance at court or at examinations before a judge or commissioner is not a reimbursement for personal expenses, and is included in the emoluments of office.
    3. The Attorney-General has not power to employ a district attorney under the Revised Statutes (sec. 363) to perform legal services for the United States in his own district.
    Tbe decision of the court below is affirmed on the same grounds.
   Mr. Justice Bbown

delivered the opinion of the Supreme Court, May 20, 1895.  