Morrison Waite

“ The clerk of a court of the United States collects his taxable 'compensation,' not as the revenue of the United States, but as the fees and emoluments of his office, with an obligation on his part to account to the United States for all he gets over a certain sum which is fixed by law. ”

“ Allowed August 24, 1887.' The paper itself, thus described and identified, began with the statement given above, which was evidently intended as an admission on both sides of the undisputed facts in the case, so that the trial might be confined to the real matter in dispute, to-wit, the liability of the clerk to account for moneys received in naturalization business as part of his official emoluments. ”

“ Rep. 510, though in some important particulars the two cases differ. Under the instructions of the court, the jury found a verdict for the defendants on the twenty-sixth of July, 1887. On the third of August, and before judgment, the writ was amended, with leave of the court, by increasing the ad damnum from $2,000 to $20,000. ”