It is clear that the word "revenue," in all these forms of expression, means only the revenue from customs. The act does not relate to revenue from all other source. So far as it relates to revenue from any source it relates only to revenue from customs. The words "officers of the revenue," in section 12, mean officers of the revenue from customs, The words "officers of the revenue" in section 989 of the Revised Statutes, which is a mere revision or reprint of section 12 of the act of 1863, can have no different meaning from what it would have had if, there had been no revision or reprint. Under said section 12 the words "other officers of the revenue" would never have been construed to mean a postmaster. Therefore, they cannot be so construed in section 989 of the Revised Statutes. The revision cannot change the meaning of the same words by displacing the enactment from the connection in which congress originally placed it.
This is the view held by.the post-office department itself; for, in the report of the postmaster general to the president, of November 8, 1879, reference is made to this suit, and to the decision on it, by the interlocutory decree, adverse to the defendant James, and it is stated that "there is no provision of federal law to secure 'certificates of probable cause' to United States officials, other than treasury officials, in cases of adverse judgments for acts done in their official capacity."
This is, unquestionably, a correct view. For what acts done in their official capacity "treasury officials" may have certificates granted to them,. under the statute, and whether such acts can ever include; the act of infringing a patent, are questions not involved in this case.
The motion is denied, on the ground above stated.
