United States v. Macmillan, 253 U.S. 195 (1920)

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United States v. MacMillan


No. 167


Submitted January 23, 1920
Decided June 1, 1920
253 U.S. 195

ERROR TO THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Syllabus

The exceptional legislation under which the salary of the Clerk of the District Court for the Northern District of Illinois was for a time appropriated for by Congress, leaving, however, the expenses of his office to be defrayed, as in other cases, out of the fees and emoluments, did not operate to convert such fees and emoluments, when collected, into public moneys of the United States. P. 201.

Moneys received by a clerk of a district court as interest upon average daily balances of bank deposits made up of fees and emoluments earned by the clerk, or made of moneys deposited with him by litigants to meet future costs, etc., under rule of court, are not public moneys of the United States, nor emoluments for which he must account to the government. Pp. 201 et seq.,204.

251 F. 55 affirmed.

The case is stated in the opinion.