He had presented two bills totaling $6,500, which the Attorney General approved and allowed, by which the Accounting Officers of the Government refused to pay.

§ 256 (which requires that all legal services connected with the procurement of title should be rendered by U.S. District Attorneys) was in force at the time the direction by the Attorney General was given to Johnson in 1891, the Supreme Court, nevertheless, made no reference to that Statute in the Opinion, but based its conclusions upon the Statute of August 1, 1888, 40 U.S.C.A.

§ 257, which required the Attorney General upon request of the appropriate officer of the Department "to cause proceedings to be commenced for condemnation", and upon the general statute prescribing it to be the duty of the United States District Attorney to prosecute all civil actions in which the U.S. is concerned.

On the other hand, if his duties as district attorney did not embrace such services as he rendered, and for which he here claims special compensation, then he is entitled to be paid therefor without reference to the regular salary, pay, or emoluments attached to his office.Basing its opinion upon which it referred to as the "clear and explicit" language of the Statute (page 378 of 173 U.S., page 432 of 19 S.Ct., 43 L.Ed.

121, [3] and the views of the "second comptroller of the treasury" in Cousar's Digest 12, the Court came to the conclusion that Johnson "was under a duty, as district attorney, to represent the United States in the condemnation proceedings."