Joseph McKenna

“ By his election Mulcrevy became ex officio the clerk of the superior court. After he had entered upon the discharge of his duties, on the 29th of June, 1906, Congress passed an act entitled, 'An Act to Establish a Bureau of Immigration and Naturalization, and to Provide for a Uniform Rule for the Naturalization of Aliens Throughout the United States.' [34 Stat. at L. 596, chap. 3592, U.S.C.omp. Stat. Supp. 1911, p. 124.] Jurisdiction in naturalization proceedings was conferred by the act on the Federal courts and certain state courts, and the duties of the clerks were set forth. ”

“ The salary it provides is declared to be 'in full compensation for all services rendered.' And it is provided that 'every officer shall pay all moneys coming into his hands as such officer, no matter from what source derived or received, into the treasury of the city and county.' The provisions are complete and comprehensive, and express Mulcrevy's contract with the city, the performance of which his office imposed upon him ”

“ The act does not purport to deal with the relations of a state officer with the state. To so construe it might raise serious questions of power, and such questions are always to be avoided. We do not have to go to such lengths. ”