The Washington times., 1903-09-02
Effect of Recent Ruling
by Assistant Attor-
ney General.
THEY ARE U. S. OFFICERS
Must Administer Oaths Free
of Charge-MoSt of Them
Unwilling to Do SO.

Unexpected and somewhat startling
consequences have followed the recent
decision OF Judge F. L. Campbell. AS
sistant Attorney General for the Interior
Department. that notaries public in the
District are officers OF the United States.
Judge Campbeils decision was rendered
in the case of notary who desired 10
prosecute a claim before the Interior
Department. and the Judge held that the
applicant was an officer of the United
States and not entitled to practice.
This general determination OF he
status OF notaries has been held to pre-
vent them from accepting fees for the
| execution Of pension vouchers. which il
an important item with the great major
ity Of the notaries in this city and with
many Of them is the most -cE-.sIr
source Of their income. II the notarics
are officers of the United States il IS
claimed that they will come under the
/ provisions OF the act of June I. 1883
/ (25 S. l., 174 which provides that all
United States officers now authorized
TO administer oaths are hereby required
and directed to administer any and all
oaths required to be made by pension
ers and their witnesses, in the execu-
/ tion of the vouchers for their pensions
/ free of charge"
Thousands Of Dollars Involved
There are 221 notaries named in the
last city directory, and all of them are
greatly interested in the controversy.
The last report of the Pension ONES
showed that there were in the District
$40 pensioners Each pensicner once
quarter goes before notary, and has
his pension voucher executed. The usual
price IS % cents per iurat, so that the
pensioners average about 81 per year
each in notary fees Should it be de-
cided that the local notaries are not en-
titled to charge for these executions they
would lcse on the average about $40
each
AS a matter of fact. the principal
business in pension vouchers is done by
a comparatively few CT the notaries,
who make a great deal mere than $40
out OF the pensioners.
That the decision of Judge Campbell is
considered to have the effect of doing
away with the examination fees is shown
by warning which has recently been
sent by the Pension Office TO the no.
taries in the bureau notifying them OF
the decision and csutioning them TO heed
its effect. There are a number of
notaries in the Office and the decision
viii have a serious effect upon their
revenues.
No penalty is named in the statutes
for the refusal of a notary or other off,
charge, and it is thought the only way
in which those not connected with the
departments could be punished would
be by withdrawing their commissions.
should it be decided to enforce the new
Interpretation of the law. Notaries in
the department could be reached more
easily and be compelled to do the work
for nothing.
Friday May Be Test Day.
September 1 is pension day in the Dis
trict, and the ACTIONS OF the notaries in
regard TO voucher fees will be watched
with interest So far there has been 10
Official ruling by Judge Campbell Or
other officials of the Department of Jus
tice upon the question. 1t is thought the
notaries will refuse TO perform the SER
vice without pay and one of the cases
will be selected as a test case SO that
final opinion may be obtained.
The notaries seen this morning were
unwilling 10 discuss the charging of fees
until they receive Official notice thac
they must not do so, but the opinion
among them was that they would con-
tinue to collect the % cents until COM
PEELED 10 stop.
George NJ Bond. OF 6I7 F street, and
John B. Fletcher. Of COZ f Street. both
OF whom execute many vouchers. said
they thought the new Interpretation
would not be enforced The act OF iSSS
has never yet been applied TO the no
taries. and they think il was never The
intention of Congress that il should ee
so enforced when il IS remembered that
the voucher fees are such an important
item with the notaries.
District Code Provisions
Section 81 of the District code. which
section went into effect in 1901. states
that notaries in the District may charge
so cents for each certificate and seai.
10 cents for each 100 words of a deposit
tion or other writing. and Is cents for
administering an oath. The notaries
claim that this section clearly shows
that Congress did not intend 10 deprive
them OF the pension voucher fees
An attorney in the Pension once said
this morning that the fact that Congress
had subsequently fixed certain prices
which the nOtaries might charge did nor
ahrogate tho direct Injunction on the
part OF the nota-ies. IL they are TO be
construed officers IN the meaning OF the
act of 1888, 70 execute pension vouchers
without money and without price.