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Mulcrevy v. San Francisco, 231 U.S. 669 (1914)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Mulcrevy v. San Francisco, 231 U.S. 669 (1914)
Mulcrevy v. San Francisco No. 133 Argued December 12, 15, 1913 Decided January 5, 1914 231 U.S. 669
ERROR TO THE SUPREME COURT
OF THE STATE OF CALIFORNIA
Syllabus
An act of a state will not be construed in such a manner as to raise questions concerning relations of state officers to the state if such a construction can be avoided.
Qaere whether, in this case, the writ of error should not have run to the lower state court, the higher court having refused to transfer the cause for review, but, the chief justice of the state having allowed the writ prior to the decision of this Court in Norfolk Turnpike Co. v. Virginia, 225 U.S. 264, it will not be dismissed.
The construction given by the highest court of California to the provisions in the state statute regarding the compensation of county clerks followed, and held that the portion of fees retained under the Act of Congress of June 29, 1906, c. 3592, 34 Stat. 596, by a county clerk in naturalization proceedings should be accounted for by him to the county as public moneys.
The fact that a state or county official may also, under an act of Congress, be an agent of the national government does not affect his relations with the county and relieve him from accounting for fees received from such government if his contract requires him to account for all fees received by him, even though, so far as the national government is concerned, he is entitled to retain them in whole or in part for services rendered.
The facts, which involve the right of a county clerk of San Francisco to retain a portion of the fees received by him for naturalization of aliens as citizens of the United States, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Mulcrevy v. San Francisco, 231 U.S. 669 (1914) in 231 U.S. 669 231 U.S. 670. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=X8C2IX8KR7WA6CY.
MLA: U.S. Supreme Court. "Syllabus." Mulcrevy v. San Francisco, 231 U.S. 669 (1914), in 231 U.S. 669, page 231 U.S. 670. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=X8C2IX8KR7WA6CY.
Harvard: U.S. Supreme Court, 'Syllabus' in Mulcrevy v. San Francisco, 231 U.S. 669 (1914). cited in 1914, 231 U.S. 669, pp.231 U.S. 670. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=X8C2IX8KR7WA6CY.
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