Weekly Council Bluffs bugle. (Council Bluffs, Iowa) 1857-1860, 1860-02-15
WRRKIY sBINIR


mMKk IN Ama Cmaa @& the !
Ms @M E mamh6Ga. .
umtssA saAsss " AmsrleA.
ws s
z. ". nsheiss ana R0eaEt Cole.
- tAa sazas sgas sAs CUast nd A q
Aa aRsaiaa MgaiAst shs Gasaznmsns /
kh&ae easaa. and called foF a auFshas "a
KaznsaA 9F9a thai sids. Having ssno
fnaiy asasiasEed sAs asgaasas prsseala
by ths eesnssi for us 60yaFnmant, kh
0aare y nsw rssdy % pguaoupee ID
opinians
oounssl upoa bath aides haze Axgus,
sAs euassien as IL is tnTaed snsigsay up
On she eouRgHaakssa af sha ai9ek sacsio
o1 kha Aet ar 1855 Tia ssnonA ssesias
OK sk@ aas a8 Ia62 and kAa sixsh ssotaas
ok he asa OF 1855 are in sabstauss, aus
almasa En- wegds che sams. Owing &.
akis sm& tha fact sAaa tAs excess Os fee
Fsessssa under she Cd see. Of the aes d
lssG, was-vssy smais ID amount, eoun
81 Hsszzs fn hays pyeglooksd that ace.
i0n II tie viaws they hare pssssased,- =
! ahali eensiaag azak whak II tAa sews
esAssesInn Dc me ksA ases eR aba aal
ng 1855 aaa ia sha Raxs nIscs Ia wAna
sxssnt tie ID SO. of aha aok Of 1854 /.
Aasesea hy the pre$tso 70 tbs I'd sea. 0l
tAas act, and By the provisieu of tbe ap-
proPgissien aos ok 1858, 60 which rsfeg-
snoe has besn maae.
The Ssh Sec. shove referred 10, Is "a
foisaws
seThst tbs Registers and Receivers ss
ths several Land 0fhess, shall be sever.
ally RwahsFixed so lsh@sga sAa rseaive
for kheir services ia locating all Land
Warrants uisdar kha psosisfons of this
aess the same compensation ar psr ssnt-
age 70 which they are entitled By lag
Tor sales Of the public lands for cash,
as shs rate Of enc dollar and twenty kys
esnts Per acre; sha said compensation
% be paid by the assignsss or heIdsra Of
sueh waETanEa.H s
Tse par ssntags On monsys rea&iFsd
tor cash salss. 10 which these ofkcsrs are
entitled, 10 governed solely by the act Of
1913, which, so far as it relates to Reg.
isterss is as follows '-.
SEQ. Sd. That instead Of the eompen
sRsion now allowed by Law, to the reg
listers Of lhs land ofhGsa, shey shall re.
eetTs an annual salary Of Ave hundred
doIlaRa each and q commission Of enc
par esnEun on all the moneys expressed
IN the receipts by them -fled and enter
ed Rnd Of whlGh they shall have trans
Eaitsed On account 60 shs Secretary of
ths Treasury, Provided always thas the
whole amauns which any register Of the
laad pfhcs shaIl rsesiys under the pro-
visions OF Ehis set shall not exceed for
any ons year the sum Of three thousand
dollars-
Sec. Lat Of this aet of 1918 il the same
ss the above, except that il relates TO
RacaivsEs instead ef Registers
It is admitted ahat the 9th SEQ. Of the
act OF 1885 refers TO and adopts the pro-
visions of the act OF 1918 so far as 70 Rx
the rate Of fees which the registers and
receivers are authorized to sfohArga aad
rscaiys," under the former act. The de-
PENDANTS insiSs that this is the sole pur-
pose to which the set Of 1918 can be ap-
piled in this controversy. The Govern
meat on ths other hand maintains that
the sot Of 1878 is applicable net only in
Axing the rate Of fees TO be charged,
but IN establishing O limit ms to the
amount OF thoss fees which may be re-
tanned BY the land officers for their com
panaatiana LIN other words the Govern
meat contends that according TO the true
construction Of the act Of 1855, the land
officers cannot retain the fsss received
By them for locating land warrants to
. gTeateT amOant than the mRximmm
prescribed In Ghs proTiso 30 the I'd and
I'd sections OF the act Of 1873. In this
view the land odzsers are to pay into the
public treasury as q part of the rsysnus
all fees received by them for locating
land warrants sbeYs tAs sum Of q, 900
peg annum.
Is this consistent with the true intent
and meaning Of fhs 9Th section Of the
set Of 1857
In the Interpretation Of statute we
are arst 10 consider the words in which
il is expressed. Il is in&dmissible to
EssoEt 30 other means OF construction,
unless the words are Of doubtful or am
bigRoua meaning. Now, in the hrss
place, the 6Eh sec. provides shas she Of
heera shall be "aathorlGed to charge
and FecsiEs" the fses in question. 10
shis language consistent with the hy-
pothesis that the '.per csntags'' 20 Be-
ehAzgSa under thss act, vas to be con-
siaszsd as n part Of the public Eevsnae,
aud that a. such the excess was 10 La
paid into the TrsasaFyP IL Congress
bad intended that thsgreater part Of the
fees should bacoma reEsnas, would net
direct and Imperative terms have been
used Way dad not ths law provide in
direct aud positive terms that the regis
ter and receiver Shau charge and receive
certain fees, eis.2 IL these fees were
iatsndsd for the officers as compensation
tor services, it was proper enough 70 use
language Of permission, leaving them
s8theF - fsoharggS and eoIlsCs what
would be their own, or noE, according
to shsir own pleasure. Bat if the great
81 part Of the psg seatags charged was
70 be paid into the Treasury as rsTsnus,
Congress certainly employed language
yery Inappropriate to express that naan-
ing. Doea the Legislatae say 10 the
public treasurer or tAx-gathersr, you
may o9llsss such end such taxes, or you
axe authorised to levy certain sums as
public reyenns7 It seams 70 ne that
che language Of the 6sh sec. implies tha,
Il shouId be optional With the land on.
eaTs 10 shASgs eaxtAin fees to the bold
sra OF land waFrants, or not hsnse,
infer THAI 0ongEess intended that shesa
,3ess should belong 60 the officers, If Ehsy
saw ht to demand then. Suppose ami
Tegiassr or receiver hsd neglected or rs-
fused % charge any fsss Whatever TO thi
holders Of warrants, could any aetioI
have besn sustained sgainGk him b. sh'
GSvernsaens upon HE olkciai bond unda
ahe provisions Of This 9th sec. Clearly
not. sssg ~. ..u........srs 100
Again Il is provided in thpt section
that the land oiscers should be ssssseT
.ally1 authorized TO EehArge" and re
csive the fees IN question ssfog khss
Essrviess.n Why we're they tsssUeraiiy'
20 charge, eae. Why w9s is provIdsa
that money due The TFaasary should /
part be received by the Rsgsasera Fl
was not the proper ofEceg 20 rscsig
money apon land entries. ALI money
due apon purchases ct she land Offices
except fees whieh become at 0n0a th
Br0p2xsy &C tha gskesas, are 60 be paii
| 10 iha Hsseivsr, Nhu givsa . pTope
| bond for Ghs safety Of the public moneJ
the Register gives no such bond. Th
| Eunosions II skese esaesrs are desiguedl
kept separate, BIZ law, in order thas a
| oas naay 81 ! shdsk mpon shs other.
What rsason was shsge for the anomAl