United States v. Musgrave

WOODROUGH, District Judge.

It is complained that the search warrant in this case was void. The United States commissioner, on probable cause, issued and directed it to one Samardick, a general prohibition agent under the Commissioner of Internal Revenue, whose appointment, however, by the Commissioner of Internal Revenue is shown to have been approved by the Secretary of tie Treasury. The contention of the defendant is that the approval of the Secretary of the Treasury of the appointment was without authority of law, because Congress had vested the appointment in the Commissioner alone. There…