B-129560, OCTOBER 7, 1959, 39 COMP. GEN. 261

B-129560, OCTOBER 7, 1959, 39 COMP. GEN. 261

ALASKA - COURTS - FINES - DISPOSITION INASMUCH AS AN ACT OF THE ALASKA LEGISLATURE MAKING FINES COLLECTED FOR VIOLATION OF MUNICIPAL ORDINANCES THE PROPERTY OF THE PARTICULAR MUNICIPALITY IS A RESTATEMENT OF A FEDERAL STATUTE (SECTION 4 TENTH OF THE ACT OF APRIL 28, 1904), IT NEED NOT BE CONSTRUED AS INCONSISTENT WITH SECTION 7 OF THE ACT OF JUNE 6, 1900, 48 U.S.C. 106, RELATING TO THE DISPOSITION OF FINES COLLECTED BY THE DISTRICT COURT OF ALASKA FOR VIOLATION OF FEDERAL AND TERRITORIAL LAWS; CONSEQUENTLY, FINES WHICH ARE COLLECTED BY THE DISTRICT COURT OF ALASKA FOR VIOLATIONS OF MUNICIPAL ORDINANCES ON APPEAL FROM CITY MAGISTRATE COURTS MAY BE REGARDED AS MONEYS, THE DISPOSITION OF WHICH IS OTHERWISE SPECIFICALLY PROVIDED BY LAW AS USED IN 48 U.S.C. 106, AND PROPERLY BELONG TO THE PARTICULAR MUNICIPALITY. 36 COMP. GEN. 411, MODIFIED.

TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, OCTOBER 7, 1959:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 16, 1959, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF OUR DECISION OF NOVEMBER 20, 1956, 36 COMP. GEN. 411, CONCERNING THE DISPOSITION OF FINES COLLECTED IN CASES APPEALED TO THE DISTRICT COURT OF ALASKA FROM A CITY MAGISTRATE.

THE DECISION HELD, QUOTING FROM THE SYLLABUS, THAT "FINES COLLECTED BY THE DISTRICT COURT OF ALASKA AS A RESULT OF CIVIL AND CRIMINAL ACTIONS WHICH ARE APPEALED FROM CITY MAGISTRATE COURTS, AND WHICH ARE TRIED DE NOVO, ARE TO BE REGARDED AS FINES IMPOSED BY THE NEW AND DISTINCT JUDGMENT OF THE DISTRICT COURT, REGARDLESS OF WHETHER THE FINE IS IN THE SAME OR A DIFFERENT AMOUNT AS ORIGINALLY IMPOSED, AND, THEREFORE, SUCH FINES ARE FOR DEPOSIT AND USE BY THE DISTRICT COURT PURSUANT TO 48 U.S.C. 106 RATHER THAN FOR DEPOSIT AND USE BY THE MUNICIPALITY.' THAT CONCLUSION WAS BASED TO A MATERIAL EXTENT UPON CONSIDERATION OF TWO APPLICABLE STATUTES, NAMELY, SECTION 7 OF THE ACT OF JUNE 6, 1900, 31 STAT. 324, AS AMENDED, 48 U.S.C. 106, AND SECTION 16-1-35 TWELFTH, ALASKA COMPLIED LAWS ANNOTATED.

THE FIRST STATUTE (48 U.S.C. 106) SPECIFIED THE DUTIES OF THE FOUR CLERKS OF COURTS IN ALASKA, ON THE BASIS OF WHICH THE ALASKA "C" FUND WAS ESTABLISHED, AND PROVIDED, SO FAR AS MATERIAL HERE, THAT EACH CLERK SHALL "COLLECT AND RECEIVE ALL MONEYS ARISING FROM THE FEES OF HIS OFFICE, FROM LICENSES, FINES, FORFEITURES, JUDGMENTS, OR ON ANY OTHER ACCOUNT AUTHORIZED BY LAW TO BE PAID TO OR COLLECTED BY HIM, AND SHALL APPLY THE SAME * * * TO THE INCIDENTAL EXPENSES OF THE PROPER DIVISION OF THE DISTRICT COURT AND THE ALLOWANCE THEREOF AS DIRECTED IN WRITTEN ORDERS, DULY MADE AND SIGNED BY THE JUDGE. * * * PROVIDED, THAT * * * MONEYS ACCRUING FROM VIOLATIONS OF THE CUSTOMS LAWS * * * AND ANY OTHER MONEYS THE DISPOSITION OF WHICH IS OTHERWISE SPECIALLY PROVIDED FOR BY LAW, SHALL NOT BE AVAILABLE FOR THE EXPENSES OF THE COURT, BUT SHALL BE PAID OVER OR DEPOSITED AS PROVIDED BY LAW FOR OTHER DISTRICTS.' THE OTHER STATUTE INVOLVED 16-1-35 TWELFTH, ACLA, PROVIDED THAT "ALL FINES AND COSTS IMPOSED AND COLLECTED FOR VIOLATION OF MUNICIPAL ORDINANCES SHALL BELONG TO THE MUNICIPALITY AND BE PAID OVER TO IS TREASURY.'

IN ARRIVING AT THE HOLDING QUOTED ABOVE, WE REGARDED THE PROVISIONS OF SECTION 16-1-35 TWELFTH AS AN ACT OF THE LEGISLATURE OF ALASKA. IN VIEW OF THE APPARENT CONFLICT BETWEEN THAT STATUTE AND THE PROVISIONS OF 48 U.S.C. 106, IN RESPECT OF THE DISPOSITION OF FINES COLLECTED BY THE DISTRICT COURT OF ALASKA, AND HAVING REGARD FOR THE FACT THAT UNDER THE ORGANIC ACT OF ALASKA (48 U.S.C. 77), THE LEGISLATURE IS PROHIBITED FROM ENACTING ANY LAWS INCONSISTENT WITH THE LAWS OF THE UNITED STATES, WE CONCLUDED THAT THE TERMS OF 48 U.S.C. 106 WERE CONTROLLING IN THE MATTER.

YOU STATE THAT WHILE SECTION 16-1-35 TWELFTH, ACLA, IS AN ACT OF THE ALASKA LEGISLATURE, IT ALSO IS A RESTATEMENT OF AN IDENTICAL PROVISION APPEARING IN SECTION 4 TENTH OF THE ACT OF CONGRESS OF APRIL 28, 1904, 33 STAT. 532. IN CONNECTION THEREWITH YOU REFER TO THE CASE OF CITY OF ANCHORAGE V. WILLIAM A. HILTON, CLERK OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA, THIRD DIVISION, WHEREIN THE CITY SOUGHT TO RECOVER A FINE OF $100 IMPOSED AND COLLECTED BY THE DISTRICT COURT FROM ONE SAMUEL AUSTIN WHO APPEALED A CONVICTION OF THE MAGISTRATE'S COURT FOR THE CITY OF ANCHORAGE FOR A VIOLATION OF THE ORDINANCES OF THAT CITY.

THE DISTRICT COURT DISMISSED THE CASE WITH AN OPINION DENYING THE MERITS OF THE CITY'S CLAIM, AND ALSO CONCLUDED THAT "THIS COURT DOES NOT HAVE JURISDICTION OVER MONEY PAID TO THE CLERK OF COURT UPON A JUDGMENT OF THIS COURT.' ON APPEAL BY THE CITY OF ANCHORAGE TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, IT WAS HELD THAT THE DISTRICT COURT'S JUDGMENT OF DISMISSAL FOR LACK OF JURISDICTION WAS IN ERROR AND COULD NOT BE SUSTAINED. IN ADDITION, THE CIRCUIT COURT OF APPEALS EXPRESSED ITS VIEWS ON THE MERITS OF THE QUESTION STATING THAT THE FINE WAS FOR A VIOLATION OF THE ORDINANCES OF THE CITY OF ANCHORAGE RATHER THAN A VIOLATION OF TERRITORIAL OR FEDERAL LAW; THAT THE PROVISIONS OF 16-1-35, ACLA, ARE CONTROLLING; AND THAT THE CITY OF ANCHORAGE IS ENTITLED TO THE FINE OF $100. THE BRIEFS IN THE CASE, WHICH WERE TRANSMITTED WITH YOUR LETTER, SHOW THAT THE CONGRESSIONAL ORIGIN OF 16-1-35 TWELFTH, ACLA, WAS FULLY PRESENTED TO THE CIRCUIT COURT OF APPEALS.

THE POINT BROUGHT OUT IN YOUR LETTER (THAT SECTION 4 TENTH OF THE ACT OF APRIL 28, 1904, ALTHOUGH RESTATED IN 16-1-35 TWELFTH, ACLA, IS STILL IN EFFECT AND REQUIRES PAYMENT OF FINES COLLECTED AFTER CONVICTIONS FOR VIOLATIONS OF MUNICIPAL ORDINANCES BE MADE TO THE MUNICIPALITY CONCERNED) WAS NOT PRESENTED TO OR CONSIDERED HERE AT THE TIME OF OUR DECISION OF NOVEMBER 20, 1956.

EACH OF THE TWO FEDERAL STATUTES, VIZ., 48 U.S.C. 106 AND SECTION 4 TENTH OF THE ACT OF APRIL 28, 1904, WHILE SIMILAR IN PURPOSE TO PERMIT RETENTION AND USE OF FINES IMPOSED FOR VIOLATIONS OF LAW, ARE DIFFERENT IN SCOPE AND OPERATION. UNDER THE FIRST, THE CLERKS OF THE DISTRICT COURT ARE AUTHORIZED, SO FAR AS HERE MATERIAL, TO APPLY ALL FINES PAID TO OR COLLECTED BY THEM TO THE INCIDENTAL EXPENSES OF THE PROPER DIVISION OF THE COURT AS DIRECTED IN WRITTEN ORDERS SIGNED BY THE JUDGE. AN EXCEPTION TO THE USE OF SUCH FUNDS IS MADE IN THE CASE OF MONEYS THE DISPOSITION OF WHICH IS OTHERWISE SPECIALLY PROVIDED FOR BY LAW.

THE SECOND STATUTE MAKES FINES IMPOSED AND COLLECTED FOR VIOLATIONS OF MUNICIPAL ORDINANCES THE PROPERTY OF THE MUNICIPALITY CONCERNED. THERE APPEARS NOTHING IN THIS STATUTE TO LIMIT THE ORIGIN OR SOURCE OF SUCH COLLECTIONS. NEITHER IS THERE ANYTHING IN THE FIRST STATUTE TO EVIDENCE AN INTENT THAT FINES IMPOSED BY THE DISTRICT COURT ON ACCOUNT OF VIOLATIONS OF CITY ORDINANCES SHOULD BECOME THE PROPERTY OF THE GOVERNMENT. THUS, THE CONCLUSION IS WARRANTED THAT SECTION 4 TENTH OF THE ACT OF APRIL 28, 1904, FALLS SQUARELY WITHIN THE EXCEPTION PROVIDED UNDER THE FIRST STATUTE, AND SINCE THE TWO STATUTES WERE DESIGNED TO ACCOMPLISH DIFFERENT PURPOSES THEY MAY BE GIVEN EFFECT INDEPENDENTLY OF EACH OTHER.

UPON FURTHER CONSIDERATION OF THE MATTER, THERE NOW WOULD APPEAR TO BE A REASONABLE BASIS FOR THE VIEW THAT SECTION 4 TENTH OF THE ACT OF APRIL 28, 1904, CONTAINED IN ACLA 16-1-35 TWELFTH IS THE CONTROLLING STATUTE AND, THEREFORE, THAT FINES IMPOSED AND COLLECTED BY THE DISTRICT COURT OF ALASKA FOR THE VIOLATION OF MUNICIPAL ORDINANCES--- AS DISTINGUISHED FROM FINES IMPOSED FOR VIOLATIONS OF FEDERAL OR TERRITORIAL LAW--- NORMALLY IN CASES APPEALED TO THE DISTRICT COURT FROM A CITY MAGISTRATE PROPERLY BELONG TO THE MUNICIPALITY CONCERNED. THE DECISION OF NOVEMBER 20, 1956, 36 COMP. GEN. 411, IS HEREBY MODIFIED ACCORDINGLY.

YOUR LETTER SETS OUT THREE CASES INVOLVING CLAIMS FOR REFUND OF FINES HERETOFORE COLLECTED BY THE DISTRICT COURT OF ALASKA AND DEPOSITED TO THE CREDIT OF THE ALASKA "C" FUND. ONE OF THE CASES RELATES TO A FINE FOR VIOLATION OF A TERRITORIAL LAW, AND THE OTHER TWO DEAL WITH VIOLATIONS OF CITY ORDINANCES. THE VIEWS EXPRESSED AS TO THE DISPOSITION OF SUCH FINES BEING IN ACCORD WITH THIS DECISION, NO OBJECTION WILL BE INTERPOSED HERE TO PAYMENT FROM THE ALASKA "C" FUND TO THE CITY CONCERNED THE FINES COLLECTED FOR VIOLATIONS OF CITY ORDINANCES.

IN THIS LATTER CONNECTION, YOU REQUEST TO BE ADVISED "/A) WHETHER SUCH REFUND SHOULD BE MADE WITH RESPECT TO THE LIKE CASES WHICH HAVE ARISEN HERETOFORE, AT LEAST WITHIN THE TERM OF THE STATUTE OF LIMITATIONS, 31 U.S.C. 71A; AND (B) FINES HEREAFTER ASSESSED AND COLLECTED BY THE DISTRICT COURT FOR VIOLATION OF MUNICIPAL ORDINANCES SHALL BE REMITTED TO THE RESPECTIVE MUNICIPALITY AT ONCE UPON COLLECTION.' OUR ANSWERS TO BOTH OF THESE QUESTIONS ARE IN THE AFFIRMATIVE.

THE FILE OF CORRESPONDENCE ENCLOSED WITH YOUR LETTER IS RETURNED HEREWITH AS REQUESTED.