Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-09-02
MAY REDUCE INCOME
IMPORTANT OPINION AFFECTING
NorARIEs PUBLIC.
Attorney General Says
Notaries Are United States
Officers.

An opinion has been rendered by the as
sistant attorney general for the Depart
ment of the Interior to the effect that
notaries public appointed by the President
of the United States for the District Of
Columbia are United States officers.
1t is inferred by some of the notaries pub
lie that this decision may prevent them
from making charge for attesting pension
vouchers. The act approved March 1, 1889,
provides that hereafter all United States
officers now authorized to administer oaths
are hereby required and directed to ad-
minister any and all oaths required to be
made by pensioners and their witnesses in
the execution Of their vouchers for their
pensions free Of charge"
There has been no opinion rendered by
the assistant attorney general for the De-
partment OF the Interior as to whether this
statute really applies to such cases. though
an opinion may be asked from him on that
question. In the past the regular notarial
fees have been paid by pensioners in get
ting their vouchers executed. The enormous
extent to which this has to be done every
three months is seen by the fact that there
are now S,1O pensioners residing in the
District OF Columbia. In 1902 there was
paid to these pensioners 81 1862 1855. r. each
pensioner averaging $15821, the average
monthly payment to each of them being
1892.
Mr.. Miller's Protest.
Apropos of this decision Mr.. ]. Barton
Miller, notary public of Georgetown be-
fore whom more than a thousand such
documents are executed quarterly, has ad-
dressed the following letter to Attorney
General Knox:
Dear Sir: The public prints have inform
ed us that the assistant attorney general
OF the Interior Department has decided
that notaries public appointed by the presi-
dent or the United States for the District
OF Columbia are United States officers and
that United States officers are required and
directed to administer all oaths to pension
ers free of cost
Il write for the purpose of determining
whether or not this decision is recognized
by your department.
AS you are aware, the fee at present
charged Is extremely small considering the
detail work connected with the execution of
pension voucher, the swearing of wit
nesses, etc. :.
is there not special law overriding the
general law, which gives the notaries au-
thor1ty to charge % cents for each pen
sion voucher executed?
AS September 4, 1903, is pension day and
as much work in this line will be per-
formed by the notaries. 1t is earnestly re-
quested that you give this matter as early
consideration as possible
Views Of Others.
Other notaies in the city maintain that
1t is beyond reason to expect officers
to perform work for others without COM
pensation. They believe that the Depart
ment of Justice will hold that, In spite Of
the decision above referred to, the notaries
Will be directed to charge for services as
De1ore. The judges of the various courts
1t Is pointed out. have repeatedly ruled that
notaries are not exempt from jury Service
while such service is not required of United
States officers
The notaries further contend that the ex-
ecution OF pension vouchers is the most
tedious work that comes before them, the
forms being intricate ind requiring an
unusual amount OF detail work 1t is also
claimed that many Of the pensioners and
their witnesses are unable to write, which
means additional work for the notaries in
the attesting of signatures, and that the
utmost care must be exercised in the exc
cuuon or the papers In order that every
direction Of the pension Office may be car
ried out to the letter.