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Cross v. United States (1916)

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Full case name  Cross v. United States
End date  1916
Citations  242 U.S. 4 (more) 37 S. Ct. 5; 61 L. Ed. 114; 1916 U.S. LEXIS 1569
Prior history  On appeal from the Court of Claims
Subsequent history  No subsequent appellate history or revisitation.
Majority  White, joined by Holmes, McKenna, Day, Van Devanter, Pitney, McReynolds, Brandeis, Clarke

Cross v. United States, 242 U.S. 4 (1916), was a United States Supreme Court case regarding remuneration for clerks of the court for the copying and docketing of naturalization claims.

Contents

Prior History

Appellant Cross, a federal court clerk, filed a claim against the United States to be paid fees for making triplicate copies of original declarations of intention for naturalization and attaching the seal of the court to the same. The United States Court of Claims (then simply the Court of Claims) denied his claim. The clerk appealed.

Holding

Justice White wrote the opinion of the court:

A charge by a clerk of a Federal district court of fees for making, on the direction of the Bureau of Immigration and Naturalization, triplicate copies of original declarations of intention for naturalization, and attaching the seal of the court, is not authorized by the general provisions of U. S. Rev. Stat. 828, since if the duty to render such services was expressly commanded by the Naturalization Act of June 29, 1906, the right to charge therefore would be clearly forbidden by the prohibitory provision of §21, such services not having been included in the enumeration of fees in §13.

References

Cross v. United States (1916) Wikipedia


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