4 S.Ct. 23
28 L.Ed. 190
BEAN and another
PATTERSON and another.1
James S. Botsford, for motion.
S. C. 12 Fed. Rep. 739.
djQ WAITE, C. J.
In this case the appellants have delivered to the clerk the
requisite number of copies of the record in print, and they ask to
docket the cause without securing the payment of the fee
chargeable under the present rules in connection with the
printing. The act of March 3, 1883, c. 143, (22 St. 631,) making
appropriations for sundry civil expenses of the government for the
fiscal year ending June 30, 1884, made an entire change in the
emoluments of the clerk of this court. Before that act the clerk
collected the fees of his office, paid the expenses, and kept what
remained as his own compensation. He was not accountable to the
government or to any one else for the income. The act of 1883
established a maximum for his annual compensation, and required to
pay into the treasury all the fees and emoluments of the office
over his salary, necessary clerk hire, and incidental expenses.
The same act made it the duty of the court to prepare a table of
fees to be charged by the clerk. This was done, and among the
rest, is the following: 'For preparing the record or a transcript
thereof for the printer, indexing the same, supervising the
printing, and distributing the printed copies to the justices, the
reporter, the law library, and the parties or their counsel,
fifteen cents per folio.' Rule 24, § 7.
The clerk is responsible to the court for the correctness and
proper indexing of the printed copies of the record, for their
presentation to the justices in the form and of the size
prescribed by the rules, and for their delivery, when required, to
the parties entitled thereto. As he must now account to the
treasury for the fees and emoluments of his office, he may demand
payment in advance. Steever v. Rickman, 109 U. S. 74; [S. C. 3
SUP. CT. REP. 343.] If the printing is actually done under his
supervision he may require the payment of the fee chargeable under
the rule before the printing is done. If the parties themselves
furnish the printed copies, the fee must be paid, if demanded, in
time to enable him to make the necessary examinations and be ready
to deliver the copies to the parties or their counsel and to the
court when needed for any purpose in the progress of the cause.
The fee is for the service specified in this item of the table,
and is indivisible. Consequently, if the clerk performs any part
of the service he is entitled to collect the whole fee; and if the
printed record is used at all, it must be examined by him to see
if it conforms to the copy certified below and on file as the
transcript of the record. So that if the printed copies are used
for any purpose in the progress of the cause the whole fee is
chargeable. As the law now stands the fees and emoluments of the
office belong to the government, subject only to the payment of
the annual salary of the clerk, necessary clerk hire, and
incidental expenses, and the clerk is the collecting agent for the
government. As this record has been printed the case may be
docketed without security for this fee, but the printed copies
cannot be delivered to the justices or the parties for use on the
final hearing or on any motion in the progress of the cause unless
the fee is paid, when demanded by the clerk, in time to enable him
to make his examinations and perform his other duties in
connection with the copies.
Rule 31 relates only to the form and size of the printed
records, briefs, and arguments, and has nothing to do with the fee
now in question.