The herald., 1895-09-01
PENSIONERS NEED NOT PAY
No Charge for Making Affidavits to
Pension Claims
The Law Requires United States Officers to
Administer the Oath Without
Chargs

There ars in Los Angeles almost 1000
veterans OF the late war who draw their
4 pensions in this city. end on Wednesday
next the veterans will present their
claims to the county clark for verification n
in the usual manner; that is, they would
have presented those claims in the usual
way but for discovery that has Just
, been made. 1t appears by some oversight
the last legislature failed to exempt the
OLD soldiers from the payment of the fees
for making affidavit to their claims, as
has been done hereto fore, and this would
ha We entailed an expense of 25 cenets on
each pensioner to have his claim verined.
The new fee bill as passed by the last leg
islature is as follows:
Section z. For taking any affidavit, ex-
cept in criminal cases, % cents.
The remainder of the section is as fol-
| lows: 'No fees, or other compen sation
>, shall be paid for certificate of declaration
| to become citizen of the United States,
and for making a record thereof or for is
suing a certificate of citizenship to be-
| come a citizen of the Unitsd States, o.
for making a record thereof; and no fees
or other compensation shall be paid for
| filing the statement and affidavit of a
mmittee or candid ate voted for at any
| public election held within the state,
and this section shall apply to all coun-
! ties in this state
From the above it will be seen that the
law is very plain, and allows the county
clerk no discretion in the matter. AS the
collection OF the fee would take about
$3.50 out of the pockets OF the old soldiers,
County Clerk Newlin applied to District
Attorney Donnell for an opinion. as he
did not wish to enforce this provision of
the law unless it was imperative. Mr..
Donnell at once gave the matter his per-
sonal attention,and late last evening lied
the following opinion with Mr.. Newlin:
T. E. Newlin, County Clerk, Los Angeles,
CAL:
this date l am asked for an opinion as to
whether or not. under an act approved
March 2s, 1885, entitled AN act to es-
tablIsh the fees of county. township and
other officers, and the Jurors and witnesses
IN this state" you are required to collect
25 cents for takingfany affidavit except in
criminal cases and if so, whether or not
you are required to collect the above fee
from parties making affidavits to pension
certificates; and also from those swearing
To claims against the county. The
language OF the law is as follows: "Tne
following county, township and other
officers shall charge and collect the fol-
lowing fees:
County clerk, for taxing any
affidavit, except in criminal cases, 25
cents
Tne language of the law is very broad
and was evidently intended TO cover all
sffidavits, except in criminal cases. Affi-
davits of this character, however. may
be made before a notary public with the
same power and effect as if made before
.he county clerk; and under an act OF
congress making appropriations for in
" 10 I'd thar ~ hr sd
States. approved March l, 1883. found
on page $40 of the supplement to the re-
vised statutes of the United States (vol-
ume y, "al Uni,ed States .ofhcers now
authorized to administer oaths are hereby
required and directed to administer any
and all oaths required to be made by pen
sioners and their witnesses in the execu-
tion of their vouchers for their pensions
free of CHARGE
Mr.. Donnell was seen at his Office last
evening by a Herald reporter, and when
asked about the matter said thai while
the law was very explicit and the county
clerk woud have TO collect the fee in all
cases where atfidavits were acknolwl- !
edged before him, as set forth in the Sec
tion quoted, still they need not go to this
expense unless they wished. As would !
be seen from his communication Mr..
Newlin, the law specifically states that
all United States officers now authorized |
to administer oaths are required to ad-
minister these oaths free of charge, and
the pensioner could now go before the
clerk of any United States court or UNI
ted States commissioner and verify his
claim, which would have the same effect
as if sworL to before the county clerk.
In a general way, it may be stated that
the effect of the district attorneys opin-
ion will have the effect of transferring
the pension business from the county
clerks Office TO the Federal building,
Whera eithar CIark Nan nvl- Of ci
cult court or Clerk Owen of the district
court can administer the oath without
charge to the veterans.