Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1876-06-14

AOCIpouS NaHZ. IseSlssei VI WIG ~ ~
Land Office ., Carson City. Nevada. has
occupied the attention o: the L. :. Dis
1ict Court, Judge Z. W. Hilyer, presia-
ing, for the past two days. The indict-
ment was for sxtortion Of money as Z. 5.
Land Register. The prosecution wsH
conducted BY c. S. Varian. Esq. Hon
C. E. De Long was counsel 70, tho de-
fendan,. The charges upon which the
trial wae based are that Nr. Waltz re-
csived $500 for obtaining . patent, and
that this fee was in excess Of the amount
he was entitled to receive ~ Register OF
the Land Office. The main facts we be-
lisve were not denied, but the plea OF
the defendant was that the money was
paid to him 40 an attorney. The case OF
the guilt or innocence of the defendant
of the charges preferred would seem to
depend upon whether or not LIZ could
lawfully act as attorney in a case the
proceedings Of which were to be CON
Quoted before him ~ L. S. Land Regis
ter. The case is very fully stated by
Judge Hiilysr in his charge to tie jury.
the principal portion OF which is here
given:
Section 5461 provides tibet every Off
Ger Of the United States who Is guilty OF
sxtcr,ior, under color Of his office, shall
be punished by fine, etc.
Ills important i, the outset that tie
inrv should have, and bear in mind,
clear definition Of the offence OF sxtoI-
ton with which the defendant IL charged.
Extoriion then is thus defined: l, is
the unlawful taking 10y any officer. by
color Of his Office. OF any money or thing
O! value that IL not due to hun. or the
taking Of any money or thing Of value,
by color of his Office. in excess OF what is
due him, or befor. il j. due to him.
The fees of the Register Of tie land
Office are prescribed by law, and It is
general rule that no public officer may
lawfully take apy other fees or rewards
for doing anything relating to his o.hce
than such fees as some statute in force
gives him.
The statute law O: the United States
allows the following compensation TO
Registers:
First. = SALARY OF $500 year.
Second. A commission Of one per
ceu,ru on all moneys received at &he
Receivers office of his land district.
Third A fee O. five dollars for filing
and acting upon each application for
mineral lands.
Fourth. A fee of II cents per hundred
wo1ds for writing done in the land office
in establishing claims for mineral land.
Their compensation for one year. In
Guiding salary. comm ssons and fees
shall not excesd 5000 dollars.
II is further enacted that upon eatis-
factory proof that Register has charged
or received fees or other rewards not
authorized by law he shall forthwith he
removed from Office.
He is also required to administer all
oaths required by law or the instructions
Of his department., connected with the
entry and sale Of public lands without
charging, or receiving directly O. lldi-
rec,ly any fee therefor.
From all these provisions Of the law
it is plain that the compensation of
Register of the land office is definitely
fixed BY the statutes Of the United States.
and that it is not lawful for him to
charge or receive any other fees or re-
wards directly or indirectly, for doing
&c, hing relating to his Office OF Regi-
ster.
1t il the aim of the law maker in fix
ing the fees OF public officer to give
him what will be sufficient pay for doing
the duties required Of him. 1t will rare
" or never happen that every thing
which it is the duty OF the officer to do
is SGT down in the fee bill. But salary,
or commission, or fee is given him which
will make the Office sufficiently remunsr-
alive, in the judgment CT the legislators.
For those items for which fee is liked
the officer must take the sum givsn and
tho applicant must pay it and be content.
Thoss duties for which no fee is set
down in the law must still be performed
by tie officer without charge, or rather
are regarded as covered by the salary.
Tie commissions or fees given for other
matters.
In the next place it will be sdvissbl.
to ascertain as clearly 1s may 10 what
the duties OF Register are in references
to these applications ior mineral lands,
and then having knowledge OF his dn-
ties and his lawful fees you will he able
! trust. without difficulty, to come to
right decision upon the main question
iu this case, viz: whether money was
taken by the dsfendan. from the prose
cutriy for the execution OF his official
duty, when either no fee was due for the
service, or when less one was due than
he took.
By section PATS Of tue I. s. Revised
Statutes, the Commissioner Of the Gen
ersl Land Office, under the direction OF |
the Secretary OF the Interior, il auiho-
rized to enforce and carry into execution
by appropriate regulation, this statute III
relation TO mineral lands. He has1nsde
these regulations and ! will now call
your attention TO some Of them.
From these instructions you Will see
that the duties OF Register sxtsud over. !
and ,havs relation to everything that is !
done from filing the application unti! |
the papers are sent to Washington with |
his and the Receivers opinion on them. /
l, is true he is not bound to draw up |
tie paper called an application. but II he |
does be can lawfully charge but 10 CTS
folio Of 100 words for writing it. So as |
to other affidsvits.
Az have already stated for doing any
thing peftaining to his official duties he !