Show ElDREDGE WINS CASE ON REVIEW I Supreme Court Renders An Opinion Regarding Collection of Naturalization Fees JUDGE MORSE REVERSED DECISION is S OF F IMPORTANCE THROUGHOUT COUNTRY That the retention of fees from the United States government for acting as fl naturalization agent th in Salt Lake county Is legal and therefore permissible Is the opinion of the supreme court ot of the state lu Ia an opinion handed d down wn yester yesterday yesterday day reversing Judge C W 1 Morse lorse of the Third distrIct court In the case of J 3 U Eldredge Jr former county clerk against Salt Lake county The findings of Judge Morse Morae were that the county clerk lerk could not recel more than the tho fixed by law leaving the tees fees from the governments government for naturalization Work hanging In the air The amount In fn controversy was and affects for tor flier mer Clerk T 1 U Eldredge jr Margaret Zane Witcher present In Incumbent Incumbent and all other county clerks since the passage or of the law by Congress In 1906 establishing bureaus of Immigration tion and naturalization throughout the United States and providing that the clerks ot of th the counties where bureaus are ara established shall ri receive hill of the tees fees paid laid County Clerk Eldredge accounted to the government for the moneys received dur durIng Ing his last two years of office but held out the 12 as his part A question arose us as to the legality ot of this action on the ground that the clerk could not nol receive other money than the salary fixed by bylaw law Jaw To settle the argument Clerk El Eldredge Eldredge dredge brought suit against Salt for the amount named Judge Morse held that he could not nol receive this noney floney but the supreme court In the written by Justice J E Frick md and concurred In by his two associates holds that the money rightfully belongs to the lerk from the wording of the United States law and that Judge Morse Is to enter judgment upon facts as stipulated stipulated by the supreme court In favor of Eldredge The county clerk as clerk of the district court Is given charge of the naturalization matters In each respective county where he holds this office What the Court Says In En the opinion the supreme says The only question In fn view of the rec record record ord to be determined Is whether ap appellant appellant Eldredge as clerk ot of the district court ot of Salt Lake county should be required to account to said county for the fees collected by him In naturalizatIon proceedings Stating It In another form does the appellant receive such fees by virtue or of his office so that the salary he receives constitutes pay payment ment for the services by him rendered in such proceedings It seems to us too obvious to require either argument or the citation of authorities that in tion proceedings the United States gov government exercises sovereign functions which exclusively belong to that govern government ment and further that hi fn authorizing the state courts to act In such proceed proceedIngs proceedings Ings that national government selects such courts and the clerks thereof as government agencies From the foregoing It seems clear to tous tous us that the dutIes which appellant El Eldredge Eldredge dredge discharged and the services ren rendered rendered dered by him by virtue of the act of Congress aforesaid are not duties which are imposed on nor services which are rendered as a part of the county office to ta which he was elected and ot of which ho he was the Incumbent during the time in which the tees fees In question were earned und and received by him The Tho same contentIon naturally arose In fn other counties ot of the state and probably throughout the nation soon after afler the act of Congress ot of 1900 went Into effect In especially the matter created no little attention and county clerks all over the had the same powers in the district the Salt Lake county case with Interest The opinion ot of the supreme court gives the money to Eldredge and settles the case here bern for all time besides disposing ot of the legal question In other counties of the state S |