UNITED STATES V. MASON, 218 U. S. 517 (1910)

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U.S. Supreme Court

United States v. Mason, 218 U.S. 517 (1910)

United States v. Mason

Nos. 510, 511, 512

Argued October 18, 19, 1910

Decided November 28, 1910

218 U.S. 517


Clerks of the federal courts are not controlled in respect to their fees and emoluments and accounting therefor by the provisions of the Act of March 3, 1875, c. 144, 18 Stat. 479, or of Rev.Stat., §§ 5490 and 5497, relating to embezzlement of moneys and property of the United States by officers and other persons charged with the safekeeping thereof.

There is a separate system with respect to the fees and emoluments of clerks, and the amounts which the clerk receives are not moneys or property of the United States, but a fund from which he receives his compensation and expenses, and as to the surplus for which he must account to the United States he is not trustee, but debtor.

The facts, which involve the validity of indictments for embezzlement against a clerk of the district court of the United States and the construction of statutes relating to the fees, salaries, and accounts of clerks of United States courts, are stated in the opinion.

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