Commissioner

UNITED STATES. An officer appointed by the United States District Court in each district, in place of Commissioners of the Circuit Court. The court may appoint such number and in such districts as it deems best. They hold for four years, subject to removal by the court No person can be both a District Court clerk (or deputy) and commissioner without the approval of the Attorney-General. Act of May 28, 1896. A commissioner in proceedings under R, S. § 1014, does not hold a "court"; Todd v. U. S., 158 U. S. 278, 15 Sup. Ct. 889, 39 L. Ed. 982; and he is in no constitutional sense a judge; Rice v. Ames, ISO U. S. 371, 378, 21 Sup. Ct. 406, 45 L. Ed. 577. He is a mere ministerial officer, who while acting as a committing magistrate in such proceedings exercises duties which are judicial in character; U. S. v. Jones, 134 U. S. 483, 10 Sup. Ct. 615, 33 L. Ed. 1007; U. S. v. Ewing, 140 U. S. 142, 11 Sup. Ct. 743, 35 D. Ed. 388; but he cannot punish for contempt committed in his presence; Ex parte Perkins, 29 Fed. 900; In re Mason, 43 Fed. 510. COMMISSIONER OF WOODS AND FOR-