United States v. McMillan
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF TJTAH. This was an action brought December 31,1892, in the Third Judicial District Court of the Territory of Utah, by the United States against Henry 6. McMillan, clerk of that court, and the' sureties on his official bond, to recover the amount of certain fees received by him and not accounted for.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF TJTAH. This was an action brought December 31,1892, in the Third Judicial District Court of the Territory of Utah, by the United States against Henry 6. McMillan, clerk of that court, and the' sureties on his official bond, to recover the amount of certain fees received by him and not accounted for. The complaint contained two counts, the first of which alleged that “ between, January 8 and'December 31, 1889,. inclusive, the said Henry G. McMillan, while clerk as aforesaid, and as such, earned, collected and received from different sources, as…
1Opinion of the CourtJustice Gray
The questions presented by the case are whether “ the fees and emoluments of his office,” for which it is the duty of the clerk of a district court of the Territory of Utah to account to the United States, include: 1st. Fees received by him from private parties in civil actions, and from the Territory, on account of territorial business; 2d. Sums. received by him for declarations of intention, and for naturali-zations, of aliens?
The true answer .to each of these questions appears to us, if not to be found in, at least to be necessarily inferred from, one of two judgments of this court, both…
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