A-53796, SEPTEMBER 18, 1934, 14 COMP. GEN. 231

A-53796, SEPTEMBER 18, 1934, 14 COMP. GEN. 231

PERSONAL SERVICES - NOTARIES PUBLIC - STENOGRAPHIC REPORTING A SINGLE SERVICE RENDERED BY A NOTARY PUBLIC IN TAKING A DEPOSITION MAY NOT BE PAID FOR TWICE, BUT THERE IS NO OBJECTION TO PAYMENT FOR EACH SEPARATE AND DISTINCT SERVICE RENDERED; THAT IS, A NOTARY PUBLIC MAY BE PAID A FEE FOR ADMINISTERING THE OATH TO A DEPOSITION AND A SEPARATE AND ADDITIONAL FEE FOR REDUCING THE DEPOSITION TO WRITING, BUT WHERE THE STATE LAW PROVIDES A FEE, INCLUSIVE OF THE OATH AND THE DRAWING OF THE DEPOSITION, NO ADDITIONAL PAYMENT MAY BE MADE FOR STENOGRAPHIC SERVICES IN REDUCING SUCH DEPOSITION TO WRITING. (MODIFIED BY 14 COMP. GEN. 642 AND 731.)

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, SEPTEMBER 18, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 21, 1934, AS FOLLOWS:

THE DECISION OF JUNE 4, 1934, OF THE UNITED STATES SUPREME COURT IN THE CASES OF LYNCH V. UNITED STATES AND WILNER V. UNITED STATES, NOS. 855 AND 861, HAS OPENED THE WAY TO WAR-RISK INSURANCE SUITS AGAINST THE UNITED STATES IN THE ESTIMATED NUMBER OF 15,000 IN ADDITION TO THE THOUSANDS OF PENDING CASES. THE GOVERNMENT'S DEFENSE OF THESE CASES IS BASED TO A LARGE EXTENT UPON DEPOSITIONS OF WITNESSES, WHICH ARE TAKEN, MANY TIMES, IN LIEU OF INCURRING THE EXPENSE OF PRODUCING THE WITNESSES IN COURT. YOUR OFFICE HAS PREVIOUSLY BEEN INFORMED OF THE DEPARTMENT'S PRACTICE WITH REFERENCE TO ALLOWANCE OF FEES IN THIS CONNECTION, BUT, FOR CONVENIENCE, A RESTATEMENT SEEMS DESIRABLE. FOR MANY YEARS NOTARIES PUBLIC, BEFORE WHOM THE VAST MAJORITY OF DEPOSITIONS HAVE BEEN TAKEN, HAVE BEEN ALLOWED THE FEES PRESCRIBED BY THEIR STATE STATUTES FOR NOTARIAL SERVICES, OR, IF THERE WERE NONE, REASONABLE COMPENSATION FOR THE SERVICES PERFORMED WAS PAID. WHEN A STENOGRAPHER WAS EMPLOYED EITHER BY THE NOTARY OR THE DISTRICT ATTORNEY FOR THE PURPOSE OF TAKING THE DEPOSITION STENOGRAPHICALLY, REASONABLE COMPENSATION FOR STENOGRAPHIC SERVICE HAS ALSO BEEN ALLOWED IN ADDITION TO NOTARIAL CHARGES. IT FOLLOWED THAT, WHERE THE ONE PERSON DID BOTH THE STENOGRAPHIC AND THE NOTARIAL WORK, HE WAS AS MUCH ENTITLED TO COMPENSATION IN BOTH CAPACITIES, AS WHERE THE WORK WAS DIVIDED BETWEEN TWO INDIVIDUALS, AND COMPENSATION WAS ALLOWED THE ONE INDIVIDUAL IN BOTH CAPACITIES.

OUR PRACTICE WITH RESPECT TO ALLOWANCE OF STATE FEES TO NOTARIES PUBLIC FOR SERVICES IN TAKING DEPOSITIONS HAS BEEN APPROVED BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT. LATELY, HOWEVER, QUESTIONS HAVE ARISEN RESPECTING THE PRACTICE OF PAYING FOR STENOGRAPHIC SERVICES, THE PRINCIPAL OBJECTION, AND THE ONE MOST LIKELY TO INTERFERE WITH THE ORDERLY TAKING OF DEPOSITIONS, BEING BASED UPON THE DECISION OF MAY 7, 1934, A-53796. THIS DECISION IS CONSTRUED BY THE DEPARTMENT AS MEANING THAT WHERE A SPECIFIC STATUTE IN TERMS REQUIRES A NOTARY PUBLIC OR OTHER OFFICER TO REDUCE A DEPOSITION TO WRITING FOR THE PRESCRIBED FEE, ALLOWANCE OF ADDITIONAL COMPENSATION FOR STENOGRAPHIC SERVICE WOULD BE A DUPLICATION OF CHARGES AND IS NOT AUTHORIZED. CONCEDING THE CORRECTNESS OF THE DECISION AS APPLIED TO THE FACTS IN THE PARTICULAR CASE THEN UNDER CONSIDERATION, THE DEPARTMENT IS OF THE OPINION THAT THE AUDIT DIVISION, GENERAL ACCOUNTING OFFICE, IS MISCONSTRUING THE DECISION WHEN IT DISALLOWS ALL CHARGES FOR STENOGRAPHIC SERVICES IN EVERY INSTANCE, IRRESPECTIVE OF THE STATUTE, WHERE THE NOTARY PERFORMS BOTH NOTARIAL AND STENOGRAPHIC WORK AND MAKES CHARGES IN BOTH CAPACITIES. THE ENTIRE MATTER CAN BE CLARIFIED BY CONSIDERATION OF THE DIFFERENT TYPES OF STATUTES ON THE SUBJECT OF COMPENSATION OF NOTARIES PUBLIC. IN ADDITION TO THE CALIFORNIA TYPE, THE SUBJECT OF THE DECISION, WHICH REQUIRES REDUCTION OF THE DEPOSITION TO WRITING FOR THE PRESCRIBED FEE, THE STATUTES OF THE OTHER STATES FALL INTO THE FOLLOWING GENERAL CLASSES, SOME OF WHICH ARE UNCERTAIN AS TO THEIR MEANING WITH RESPECT TO REDUCING DEPOSITIONS TO WRITING:

1. "* * * THE COMMISSIONER IS ENTITLED TO 20 CENTS FOR EVERY 100 WORDS, NOT INCLUDING THE CAPTION, CERTIFICATE, OR EXHIBITS, $1.50 FOR EACH DAY HE IS NECESSARILY ENGAGED, AND 5 CENTS FOR EACH MILE NECESSARILY TRAVELED BY HIM IN THE TAKING OF SUCH TESTIMONY; * * *" SEC. 7761, ALA. CODE, 1928.

2. "THE FEES OF THE COMMISSIONER SHALL BE THE SAME AS THOSE ALLOWED CLERKS OF THE CIRCUIT COURT FOR ADMINISTERING OATHS AND COPYING ANY PAPER, AND $2 FOR EACH WITNESS EXAMINED: PROVIDED, HOWEVER, THEY SHALL NOT RECEIVE LESS THAN $5 FOR EACH WITNESS EXAMINED. * * *" SEC. 4421, COMP. GEN. LAWS, FLA. 1927. (SEE ALSO KY. STATUTES.)

3. "THE FEES ALLOWED AN OFFICER FOR TAKING DEPOSITIONS SHALL BE $2.00 FOR EACH DEPOSITION * * *" SEC. 4585, ARK.DIG. OF STAT., 1921.

4. "* * * THE SAID COMMISSIONER SHALL RECEIVE * * * FOR THE EXAMINATION OF EACH WITNESS, 2.00; FOR CERTIFYING AND RETURNING THE TESTIMONY TAKEN BEFORE HIM FOR THE PLAINTIFF OR DEFENDANT, IN EACH CASE, 50 CENTS * * *" SEC. 5916, GA. CODE, 1926.

5. "* * * THE OFFICER TAKING SUCH DEPOSITION SHALL CHARGE AND COLLECT A FEE OF $5.00, AND WHEN SUCH DEPOSITION EXCEED 25 FOLIOS OF 100 WORDS EACH, WRITTEN OR TRANSCRIBED IN THE TAKING THEREOF, THEN HE SHALL CHARGE AND COLLECT A FURTHER FEE OF 20 CENTS FOR EACH SUCH FOLIO, IN EXCESS OF 25 FOLIOS, IN ADDITION THERETO, INCLUDING THE CERTIFICATE AND SEAL AND SUCH FEES SHALL BE TAXED AS PART OF THE COSTS IN THE ACTION.' IDAHO CODE ANNO. 1932, 16-901. (SEE ALSO MICH. STATUTES.)

6. "* * * FOR WRITING ORIGINAL ACTS OF ANY KIND, INCLUDING RECORDING THE SAME, PER 100 WORDS, 20 CENTS * * *.' SEC. 5183, MARR'S ANNO.R.S. OF LA. 1915.

7. "FOR ANY AFFIDAVIT OR PAPER FOR WHICH PROVISION IS NOT MADE HEREIN, 20 CENTS PER FOLIO, AND 6 CENTS PER FOLIO FOR COPIES * * *. FOR OTHER SERVICES, THE FEES OF OTHER OFFICERS FOR LIKE SERVICES.' SEC. 7001, MINN.STAT. 1927.

8. "* * * FOR WRITING OR COPYING THE DEPOSITIONS, IF REQUIRED TO DO SO, FOR EACH HUNDRED WORDS, ?10.' SEC. 1796, MISS. CODE ANNO. 1930. (SEE ALSO MO. STATUTES.)

9. "* * * FOR EXAMINATION OF WITNESSES, 30 CENTS PER FOLIO; FOR EACH COPY OF TESTIMONY, 10 CENTS PER FOLIO; * * *" CH. 214, P. 412, 1920, NEW JERSEY LAWS.

10. "* * * TAKING DEPOSITIONS (FIRST PAGE FOLIO CAP) $1.00; EACH ADDITIONAL PAGE, 75 CENTS.' CH. 134, LAWS 1923, PENNSYLVANIA.

11. "* * * FOR EACH DEPOSITION TAKEN, $1.00. FOR ANY OTHER SERVICES LEGALLY PERFORMED BY HIM, THE SAME FEES ALLOWED OTHER OFFICERS FOR LIKE SERVICES.' SEC. 10715, MICHIE'S TENNESSEE CODE, 1932. (SEE ALSO HAWAII STATUTES.)

12. "* * * FOR TAKING A DEPOSITION, INCLUDING CAPTION AND CERTIFICATE, 34 CENTS * * *.' SEC. 7432, GEN. LAWS VERMONT, 1917.

13. "* * * FOR TAKING AND CERTIFYING AFFIDAVITS OR DEPOSITIONS OF WITNESSES, WHERE DONE IN AN HOUR, 75 CENTS; IF NOT DONE IN AN HOUR, FOR ANY ADDITIONAL TIME, AT THE RATE PER HOUR, 75 CENTS. FOR OTHER SERVICES A NOTARY SHALL HAVE THE SAME FEES AS THE CLERK OF A CIRCUIT OR CITY COURT FOR LIKE SERVICES.' SEC. 3480, VA. CODE, 1930. (SEE ALSO W.VA. STATUTES.)

14. A NUMBER OF STATE STATUTES EMPLOY THE WORDS "FOR TAKING DEPOSITIONS" (OR EQUIVALENTS) FOLLOWED BY A RATE PER FOLIO, AS "10 CENTS PER FOLIO.' (ARIZ., COLO., D.C., ILL., IND., IOWA, N., NEBR., N.C., N.D., OHIO, OKLA., ORE., S.D., TEX., WYO.)

15. IN ADDITION TO CALIFORNIA, THE STATES OF MONTANA, NEVADA, UTAH, WASHINGTON, AND WISCONSIN REQUIRE THE NOTARY TO "DRAW" THE DEPOSITION FOR THE FEE PRESCRIBED, WHILE THE STATE OF NEW MEXICO EMPLOYS THE WORDS "FOR TRANSCRIBING OR REDUCING TO WRITING, TESTIMONY, PER FOLIO * * *.'

16. THE STATUTES OF CONNECTICUT, DELAWARE, MAINE, MARYLAND, MASSACHUSETTS, AND NEW YORK CONTAIN NO SPECIFIC FEES FOR NOTARIES PUBLIC COVERING SERVICES OF THIS CHARACTER.

THE DEPARTMENT EXPECTS TO PAY THE FEES AND OTHER EXPENSES NECESSARILY INCURRED UNDER THE PRACTICE PREVAILING IN THE LOCALITY WHERE THE DEPOSITION IS TAKEN, BUT, UNTIL DIFFERENTLY ADVISED, WILL HANDLE THE CHARGES ARISING UNDER THE FOREGOING GROUPS OF STATUTES AS FOLLOWS:

A. THE DEPARTMENT WILL CONSTRUE THE STATUTES IN PARAGRAPHS 1, 5, 6, 8, AND 15 ALONG THE LINES OF YOUR DECISION OF MAY 7, 1934, I.E., THAT THE STATUTES REQUIRE REDUCTION TO WRITING FOR NOT MORE THAN THE FEES THEREIN PRESCRIBED. IF ANY STENOGRAPHIC EXPENSE IS INCURRED, IT MUST BE AT THE NOTARY'S EXPENSE.

B. THE DEPARTMENT WILL CONSTRUE THE STATUTES IN PARAGRAPHS 2, 3, 4, 10, 11, 12, AND 13 AS FIXING THE FEE OF THE OFFICIAL FOR ATTENDANCE, AND WILL ALLOW ADDITIONAL COMPENSATION, IF CLAIMED, FOR SERVICES IN REDUCING DEPOSITIONS TO WRITING, WHETHER DONE BY HIM OR SOMEONE ELSE.

C. THE DEPARTMENT WILL CONSTRUE THE STATUTES IN PARAGRAPHS 7 AND 14 AS FIXING COMPENSATION ON A FOLIO BASIS FOR ATTENDANCE IN "TAKING" A DEPOSITION, AND WILL ALLOW THE OFFICER ADDITIONAL COMPENSATION FOR REDUCING DEPOSITIONS TO WRITING IF CLAIM IS MADE THEREFOR. IF DONE BY ANOTHER PERSON, THE CHARGE FOR STENOGRAPHIC SERVICE WILL BE PAID DIRECT, OR TO THE OFFICER IF RECEIPT IS FURNISHED.

D. THE DEPARTMENT WILL CONSTRUE THE STATUTE IN PARAGRAPH 9 AS FIXING THE FEE OF THE NOTARY FOR ATTENDANCE ON THE BASIS OF 30 CENTS PER FOLIO, AND WILL ALLOW AN ADDITIONAL 10 CENTS PER FOLIO FOR THE ORIGINAL DEPOSITION AND A LIKE AMOUNT FOR COPY, EITHER TO THE NOTARY OR TO A STENOGRAPHER, AS THE CASE MAY BE.

E. THE DEPARTMENT WILL ALLOW CHARGES FOR STENOGRAPHIC SERVICES IF CLAIMED BY A NOTARY IN ONE OF THE STATES COVERED BY PARAGRAPH 16, EITHER AS PERSONAL COMPENSATION FOR THE NOTARY, OR AS A REIMBURSABLE EXPENSE; OR WILL PAY THEM DIRECT TO THE INDIVIDUAL STENOGRAPHER.

WILL CREDIT BE ALLOWED FOR CHARGES BASED ON THE FOREGOING IN THE ACCOUNTS OF THE UNITED STATES MARSHALS?

IF IN ANY CASE YOUR ANSWER IS IN THE NEGATIVE, WILL YOU KINDLY INDICATE SPECIFICALLY WHAT COMPENSATION WILL BE ALLOWED THE NOTARY FOR STENOGRAPHIC (AS DISTINGUISHED FROM NOTARIAL) SERVICES PERSONALLY PERFORMED BY HIM? ASSUME THAT IF YOUR OBJECTION IS WHOLLY UPON THE GROUND OF DUPLICATION OF CHARGES, YOU WILL INDICATE WHAT WILL BE ALLOWED IF THE STENOGRAPHIC WORK IS PERFORMED BY SOMEONE UNDER THE SUPERVISION OF THE NOTARY. YOUR DECISION OF OCT. 23, 1933, A-51368, HELD THAT THE COMPENSATION OF A NOTARY FOR STENOGRAPHIC WORK "RENDERED BY SUCH OFFICERS PERSONALLY IN TRANSCRIBING DEPOSITIONS" WAS SUBJECT TO APPLICABLE ECONOMY ACT REDUCTIONS, AND YOUR DECISIONS OF AUGUST 28, 1933, A-50459 AND APRIL 23, 1934, A-59459, RELATIVE TO COMPENSATION DEDUCTIONS IN CASES WHERE THE STENOGRAPHER IS EMPLOYED BY THE NOTARY PUBLIC AND THE DISTRICT ATTORNEY, RESPECTIVELY, CLEARLY IMPLY THAT THE COMPENSATION IS ALLOWABLE IN SOME AMOUNT.

IN THIS CONNECTION I AM OBLIGED TO POINT OUT THAT DIRECT SETTLEMENT BY THE GENERAL ACCOUNTING OFFICE WILL NOT MEET THE SITUATION CONFRONTING OUR ATTORNEYS AS THEY MUST KNOW DEFINITELY WHAT COMPENSATION CAN BE OFFERED NOTARIES AND STENOGRAPHERS IN ORDER TO SECURE THEIR SERVICES, AS, NATURALLY, SETTLEMENT LATER FOR A SPECULATIVE AMOUNT WILL BE NO INDUCEMENT TO ACCEPT THE WORK.

CASES ARE BEING PREPARED NOW, DURING COURT VACATIONS, FOR PRESENTATION DURING THE FALL AND WINTER TERMS, AND YOUR EARLY REPLY IS REQUESTED AND WILL BE APPRECIATED.

IN THE DECISION OF MAY 7, 1934, A-53796, IT WAS HELD THAT IDENTICAL SERVICES COULD NOT BE PAID FOR TWICE. THERE WAS NO INTENTION THEREIN TO PROHIBIT PAYMENT FOR EACH SEPARATE AND DISTINCT SERVICE WHICH MIGHT BE RENDERED BY OR THROUGH A NOTARY PUBLIC. THAT IS TO SAY, IT IS PROPER TO PAY A NOTARY PUBLIC FOR ADMINISTERING THE OATH TO A DEPOSITION AND A SEPARATE AND ADDITIONAL FEE FOR REDUCING THE DEPOSITION TO WRITING, BUT WHERE THE STATE LAWS PROVIDE A FEE INCLUSIVE OF THE OATH AND THE DRAWING OF THE AFFIDAVIT, NO ADDITIONAL PAYMENT MAY BE MADE FOR STENOGRAPHIC SERVICES. THE INTERPRETATION OF THE VARIOUS STATE LAWS AS PROPOSED IN PARAGRAPHS A, B, AND E OF YOUR SUBMISSION, WITH THE EXCEPTION OF ITEM 11 IN PARAGRAPH B INVOLVING THE TENNESSEE CODE, APPEARS PROPER. THE INTERPRETATION IN PARAGRAPHS C AND D WOULD BE PROPER PROVIDED NO OTHER PROVISION IS MADE FOR PAYMENT TO THE NOTARY PUBLIC FOR ADMINISTERING THE OATHS. A SEPARATE PROVISION FOR A FEE FOR ADMINISTERING AN OATH WOULD INDICATE THAT THE FEES OTHERWISE SPECIFIED WERE FOR REDUCING THE TESTIMONY TO WRITING, IN WHICH EVENT AN ADDITIONAL CHARGE FOR STENOGRAPHIC SERVICES WOULD NOT BE AUTHORIZED.

EIGHT VOUCHERS COVERING SUCH SERVICES, SUBMITTED TO THIS OFFICE FOR PREAUDIT, WILL BE CONSIDERED HEREIN BY WAY OF ILLUSTRATION.

VOUCHER IN FAVOR OF EDWARD T. CHESNUT OF MINNEAPOLIS, MINN., FOR TAKING DEPOSITION OF DR. GEORGE E. RUNNERSTROM IN THE CASE OF LEONARD G. HOWE V. UNITED STATES, CLAIMS THE FOLLOWING FEES:

TABLE 60 FOLIOS AT 20 CENTS PER FOLIO FOR ORIGINAL AND 6 CENTS PER

FOLIO FOR COPY -------------------------------------------- $15.60 STENOGRAPHER'S SERVICES EMPLOYED BY NOTARY ------------------- 12.00 POSTAGE ------------------------------------------------------ .27

27.87

THE AGGREGATE OF $27.87 HAS BEEN REDUCED ADMINISTRATIVELY BY THE FOLIO CHARGE FOR COPY, MAKING A NET AMOUNT OF $24.27. IN CONNECTION WITH THIS CLAIM IT IS NOTED THAT THE EXTRACT QUOTED IN YOUR SUBMISSION FROM THE MINNESOTA STATUTE WAS NOT COMPLETE. SECTION 7001 PROVIDES:

4. FOR ANY AFFIDAVIT OR PAPER FOR WHICH PROVISION IS NOT MADE HEREIN, TWENTY CENTS PER FOLIO, AND SIX CENTS PER FOLIO FOR COPIES.

5. FOR EACH OATH ADMINISTERED, TWENTY-FIVE CENTS. IT MUST BE CONCLUDED, THEREFORE, THAT THE RATE PER FOLIO IS FOR REDUCING THE TESTIMONY TO WRITING IN ADDITION TO WHICH THE NOTARY PUBLIC IS ENTITLED TO THE FEE FOR ADMINISTERING AN OATH. UPON THIS BASIS, THE CLAIMANT IS ENTITLED TO PAYMENT FOR 60 FOLIOS AT 20 CENTS PER FOLIO AND 25 CENTS FOR ADMINISTERING THE OATH, WITH 27 CENTS FOR POSTAGE, OR A TOTAL OF $12.52, IT BEING ASSUMED THAT THE COPY AT 6 CENTS PER FOLIO WAS NOT FURNISHED. THE VOUCHER WILL BE CERTIFIED IN ACCORDANCE WITH THE FOREGOING.

VOUCHER IN FAVOR OF PAUL LEHNARDT, JR., LOS ANGELES, CALIF., CLAIMS A TOTAL OF $197.32 FOR TAKING THREE DEPOSITIONS IN THE CASE OF ROBERTS V. UNITED STATES. THIS CHARGE IS COMPOSED OF A CHARGE OF:

TABLE 441 FOLIOS AT 30 CENTS PER FOLIO ---------------------------- $132.30 CARBON OF FOLIOS AT 10 CENTS PER FOLIO ---------------------- 44.10 ADMINISTERING THREE OATHS AT 50 CENTS EACH ------------------ 1.50 THREE CERTIFICATES, $1 EACH --------------------------------- 3.00 REPORTER SERVICE ONE PER DIEM ------------------------------- 12.50 POSTAGE ----------------------------------------------------- 3.92

AS THE FEE UNDER SECTION 798 OF THE CALIFORNIA CODE FOR "DRAWING" AN AFFIDAVIT COVERS ALL SERVICES IN REDUCING IT TO WRITING, THE ADDITIONAL PER DIEM CHARGE FOR STENOGRAPHIC SERVICE IS NOT AUTHORIZED. THE VOUCHER WILL BE CERTIFIED FOR PAYMENT FOR NOT EXCEEDING $184.82.

VOUCHER IN FAVOR OF BESSIE DUNN, MCGEHEE, ARK., FOR TAKING DEPOSITIONS OF GUY R. LACY IN THE CASE OF HERMAN G. BELSER V. THE UNITED STATES, CLAIMS FEES AS FOLLOWS:

TABLE NOTARY FEE -------------------------------------------------- $2.00 4 FOLIOS AT 40 CENTS PER FOLIO ------------------------------ 1.60

CLAIMED TO BE IN ACCORDANCE WITH SECTION 4585, CRAWFORD AND MOSES DIGEST OF THE ARKANSAS STATE LAWS. SAID SECTION OF THE ARKANSAS DIGEST PROVIDES A FEE OF $2 FOR OFFICERS TAKING DEPOSITIONS. SECTION 4597 OF THE CODE PRESCRIBING FEES FOR NOTARIES PUBLIC AUTHORIZES A FEE OF 50 CENTS FOR ACKNOWLEDGMENTS WHICH WOULD INDICATE THAT THE $2 FEE COVERS ALL SERVICES WHEN THE OFFICER TAKING THE DEPOSITION REDUCES IT TO WRITING. THIS VOUCHER WILL BE CERTIFIED FOR $2.

VOUCHER IN FAVOR OF MRS. GRACE BOHANNON, NOTARY PUBLIC, OF NASHVILLE, TENN., FOR TAKING TWO DEPOSITIONS IN THE CASE OF MARVIN W. HUTCH V. UNITED STATES, AND ITEMIZED AS FOLLOWS:

TABLE NOTARY FEE FOR DEPOSITION OF TWO WITNESSES AT $1 EACH ------- $2.00 TIME CONSUMED IN TAKING SHORTHAND, 1 HR. AT $2.50 ----------- 2.50 8 PAGES OF TRANSCRIPT AT 40 CENTS A PAGE -------------------- 3.20

OR A TOTAL OF $7.70, FROM WHICH 10 PERCENT HAS BEEN DEDUCTED UNDER THE ECONOMY ACT, MAKING A NET CLAIM OF $7.13. CHAPTER 8 OF THE TENNESSEE CODE PRESCRIBING THE FEES OF NOTARIES PUBLIC PROVIDES A FEE OF $1 FOR EACH DEPOSITION TAKEN. NO ADDITIONAL FEES ARE AUTHORIZED FOR REDUCING THE DEPOSITION TO WRITING. IT IS TRUE THAT THE CODE ALSO PROVIDES GENERALLY THAT FEES FOR ANY OTHER SERVICES LEGALLY PERFORMED BY A NOTARY PUBLIC SHALL BE THE SAME AS FEES ALLOWED OTHER OFFICERS FOR LIKE SERVICES, BUT IN CHAPTER 5, RELATING PARTICULARLY TO THE TAKING OF DEPOSITIONS, IT IS PROVIDED THAT THE PARTY CALLING A STENOGRAPHER SHALL BE LIABLE FOR HIS COMPENSATION. NO SEPARATE STENOGRAPHER WAS CALLED FOR IN THIS CASE, STENOGRAPHIC SERVICES BEING RENDERED BY THE NOTARY PUBLIC. THE $1 FEE FOR TAKING DEPOSITIONS APPARENTLY COVERS REDUCING THE DEPOSITIONS TO WRITING AS WELL AS THE FEE FOR SWEARING THE WITNESS. ACCORDINGLY, THIS VOUCHER WILL BE CERTIFIED FOR $2. SINCE SERVICES WERE RENDERED AFTER APRIL 1, 1933, NO PERCENTAGE REDUCTION IS REQUIRED. SEE A-53796 OF MAY 7, 1934.

VOUCHER IN FAVOR OF MISS DOROTHY BERNARD, CINCINNATI, OHIO, FOR TAKING AND TRANSCRIBING TWO DEPOSITIONS IN THE CASE OF THOMAS W. CABLE V. UNITED STATES, AND ITEMIZED AS FOLLOWS:

TABLE ATTENDANCE 1/2 DAY ------------------------------------------ ---- $7.50 TRANSCRIPT 26 FOLIOS AT 25 CENTS PER FOLIO -------------- $6.50 LESS 10 PERCENT ECONOMY ACT ----------------------------- .65

----- 5.85 SWEARING TWO WITNESSES AT 10 CENTS EACH ---------------------- ---- .20

THE CLAIMANT IS DESCRIBED AS A SHORTHAND REPORTER BUT AS SHE CHARGES FOR SWEARING WITNESSES, PRESUMABLY SHE IS, ALSO, A NOTARY PUBLIC. NOTARIES PUBLIC ARE PERMITTED BY THE OHIO CODE TO CHARGE THE SAME FEES AS ARE CHARGED BY JUSTICES OF THE PEACE AND THE CODE PROVIDES FEES FOR JUSTICES OF THE PEACE "TAKING DEPOSITIONS AND CERTIFYING TO SAME, 25 CENTS PER HUNDRED WORDS; SWEARING WITNESSES, EACH, 10 CENTS.' ACCORDINGLY, THE MOST THAT COULD BE ALLOWED IN THIS CASE IS FOR THE CHARGES OF TRANSCRIPT AT 25 CENTS PER FOLIO, $6.50, AND FOR SWEARING TWO WITNESSES, 20 CENTS, OR A TOTAL OF $6.70. NO ECONOMY ACT DEDUCTIONS ARE REQUIRED AS THIS SERVICE WAS RENDERED AFTER APRIL 1, 1933.

VOUCHER IN FAVOR OF ANNA HAND, SHORTHAND REPORTER, DENVER, COLO., FOR TAKING DEPOSITION IN THE CASE OF C. H. WINERICH, GUARDIAN OF J. S. SHEFFIELD V. UNITED STATES, ITEMIZED AS---

TABLE FOR TAKING DEPOSITION --------------------------------------- ---- $5.00 21 FOLIOS TRANSCRIPT -------------------------------------- ------ 4.20 POSTAGE ------------------------------------------------- -------- .30

TOTAL ----------------------------------------------------- 9.50

THIS HAS A FOOTNOTE TO THE EFFECT THAT IT WAS TAKEN IN ACCORDANCE WITH SECTION 7868 OF THE COMPILED LAWS OF COLORADO IN RE FEES OF NOTARIES AND SECTION 5703 IN RE SHORTHAND REPORTERS, AND THAT AS THE DEPOSITION WAS SHORT THE CLAIMANT HAD CHARGED NO NOTARIAL FEES. SECTION 5703 OF THE COMPILED LAWS OF COLORADO PRESCRIBES THE COMPENSATION OF STENOGRAPHIC REPORTERS BEFORE COURTS OF RECORD AND HAS NO APPLICATION TO THE TAKING OF DEPOSITIONS BY NOTARIES PUBLIC. SECTION 7868 OF THE COMPILED LAWS PRESCRIBES THE FEE OF NOTARIES PUBLIC, AND, AMONG OTHERS,"FOR TAKING DEPOSITIONS PER FOLIO OF ONE HUNDRED WORDS 15 CENTS; FOR SWEARING ANY PERSON TO AN AFFIDAVIT, WITH CERTIFICATE AND SEAL, 25 CENTS.' THE FEES COMPUTED IN ACCORDANCE WITH THE FOREGOING WOULD BE 21 FOLIOS AT 15 CENTS, $3.15; SWEARING ONE PERSON, 25 CENTS; POSTAGE, 30 CENTS; OR A TOTAL OF $3.70. THE VOUCHER WILL BE CERTIFIED ACCORDINGLY.

VOUCHER IN FAVOR OF LOUISE D. ERB, COURT REPORTER, FOR SERVICES IN TAKING DEPOSITIONS IN THE CASE OF RALPH W. ROBINSON V. UNITED STATES, CHARGING AS FOLLOWS:

TABLE MAY 15, 2 HOURS AT $3 PER HOUR ------------------------------ ---- $6.00 MAY 16, 1 1/2 HOURS AT $3 PER HOUR ------------------------ ------ 4.50 TRANSCRIPT, 33 PAGES AT 50 CENTS ------------------------ -------- 16.50

TOTAL ----------------------------------------------------- 27.00

FROM WHICH THERE HAS BEEN ADMINISTRATIVELY DEDUCTED 10 PERCENT UNDER THE ECONOMY ACT, MAKING A NET AMOUNT OF $24.30. NO NOTARIAL CHARGE IS MADE IN THIS CASE AND THE CLAIMANT CERTIFIES THAT SHE IS A COURT REPORTER AND THAT THE CHARGES ARE THE USUAL AND CUSTOMARY CHARGES. AS THE CLAIM IS FOR STENOGRAPHIC SERVICES ONLY, IT WILL BE CERTIFIED FOR PAYMENT AS ADMINISTRATIVELY APPROVED. THERE IS, HOWEVER, FOR ADMINISTRATIVE CONSIDERATION THE FACT THAT THE FEES FOR NOTARIES PUBLIC IN TAKING DEPOSITIONS IN ILLINOIS, SEE SECTION 42, CHAPTER 53, OF THE ILLINOIS REVISED STATUTES, WOULD DOUBTLESS BE CONSIDERABLY LESS AS THE NOTARY PUBLIC IS ENTITLED TO A CHARGE NOT EXCEEDING 15 CENTS PER 100 WORDS AND 25 CENTS FOR ADMINISTERING THE OATH.

VOUCHER IN FAVOR OF J. I. NICHOLS, SAN ANTONIO, TEX., FOR SERVICES AS REPORTER AND NOTARY PUBLIC FOR TAKING A DEPOSITION IN THE CASE OF HAMBY J. CHEEK V. UNITED STATES, AND ITEMIZED AS FOLLOWS:

TABLE ONE-HALF DAY AT $10 A DAY, LESS 10 PERCENT UNDER ECONOMY ACT ---- $4.50 TRANSCRIPT 5,500 WORDS AT 15 CENTS PER FOLIO -------------- ------ 8.25 SWEARING WITNESS ---------------------------------------- -------- .50

13.25

ARTICLE 3945, TITLE 61, OF THE TEXAS STATUTES PRESCRIBED THE FEES FOR NOTARIES PUBLIC AS FOLLOWS:

TABLE TAKING DEPOSITIONS OF WITNESS, FOR EACH 100 WORDS ----------- ---- $0.15 SWEARING A WITNESS TO DEPOSITIONS, MAKING CERTIFICATE THEREFOR

WITH SEAL, AND ALL OTHER BUSINESS CONNECTED WITH SUCH

DEPOSITION ---------------------------------------------------- .50

THE FEES ALLOWABLE IN THIS CASE COMPUTED PURSUANT TO THE FOREGOING STATUTE WOULD BE AS FOLLOWS:

TABLE 5,500 WORDS AT 15 CENTS PER FOLIO --------------------------- ---- $8.25 SWEARING WITNESS ------------------------------------------ ------ .50

8.75

AS THESE SERVICES WERE RENDERED AFTER APRIL 1, 1933, NO PERCENTAGE REDUCTION UNDER THE ECONOMY ACT IS REQUIRED.

THE ABOVE VOUCHERS WILL BE CERTIFIED IN ACCORDANCE WITH THE FOREGOING AND RETURNED THROUGH THE USUAL CHANNELS.