Freeholders of Passaic v. Slater

The opinion of the court was delivered by

Swayze, J.

This action was brought by the freeholders of 'Passaic against the county clerk to recover fees received by him in naturalization cases under the act of congress. The county claims them under the act of 1906. Comp. Stat., p. 4643. The construction of both statutes is involved. As far as concerns the act of congress, the case is controlled by a recent decision of the United States Supreme Court. Mulcreevy v. San Francisco, decided January 5th, 1914. This decision, however, does not control the construction of our state statute. That is for us…