Henry Billings Brown

“ If the services are only performed for his own convenience, or are manifestly unnecessary or useless,-even if they be such as he judges proper himself,-they cannot be made the basis of a claim against the government. ”

“ County of Sac, 94 U.S. 351, that 'where the second action between the same parties is upon a different claim or demand, the judgment in the prioraction operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.' There was no issue raised and decided in the former case as to the legality of the several items considered separately, but such issue is clearly raised in this case. ”

“ Items 15 and 28 include charges to the amount of $630.60, for drawing oaths of supervisors, two folios. The controller allowed one folio for each oath. The oath contained the statement formerly required by section 1756, that the affiant had never borne arms against the United States, etc., which was repealed by the act of May 13, 1884 (23 Stat. 21) , the repealing act providing that in the future every person appointed to any office should take the oath prescribed by section 1757. The oath thus prescribed is less than one folio in length. ”

“ In view of the temporary character of these appointments, the word 'record' should receive a narrow construction, and be limited to such documents and entries as might subserve some useful purpose in the future. ”

“ It is equally clear that he is not entitled to a charge for entering and indexing them, as they are no proper part of the records of his office. Letters of instructions are not 'records' in any sense of the word.
4. Items 9, 22, 23, and 24 are for entering and indexing special reports of the supervisors of election, either of the proceedings at the meeting of the board of registry or of other matters connected with the registration, election, or compensation of the supervisors.
Petitioner is doubtless entitled to a fee of 10 cents under Rev. St. ”