The appellee was clerk of the district and circuit courts for the Kentucky district from July 1st, 1894, to June 30th, 1898, his office, during that period and previously, being in the city of Covington, one of the places at which those courts were held. The district judge resided in the city of Louisville, while the circuit judges resided in other states.
The clerk presented to the proper officers of the Treasury for payment his account for certain services rendered during the above period, amounting to $995.
The account was sworn to and approved as required by the act of February 22d, 1875, which provides, among other things, that before 'any account payable out of the money of the United States shall be allowed by any officer of the Treasury, in favor of clerks, marshals, or district attorneys, the party claiming such account shall render the same, with the vouchere and items thereof, to a United States circuit or district court, and, in presence of the district attorney or his sworn assistant, whose presence shall be noted on the record, prove in open court, to the satisfaction of the court, by his own oath or that of other persons having knowledge of the facts, to be attached to such account, that the services therein charged have been actually and necessarily performed as therein stated; and that the disbursements charged have been fully paid in lawful money; and the court shall thereupon cause to be entered of record an order approving or disapproving the account, as may be according to law and just.' 18 Stat. at L. 333, chap. 95, § 1.
Payment of the account having been refused, this suit was brought against the United States, the petitioner averring that 'his whole compensation, if said fees were added, would not exceed the maximum compensation of $7,000 for any one year.'
Judgment having been entered in favor of the plaintiff for the amount sued for, the government has prosecuted this appeal.
The findings of fact upon which the judgment below was based were as follows:
'1. The claimant, Joseph C. Finnell, was clerk of the district and circuit courts of the United States for the district of Kentucky from July 1st, 1894, to June 30th, 1898, duly qualified and acting.
'2. During said period he entered orders, decrees, and other proceedings of the court on 199 days, extending through said time. None of the judges of said courts were personally present at the time of the entry of such orders, decrees, and proceedings, but said orders, decrees, and proceedings were transmitted to the claimant by mail by the different judges composing the courts of said district. Said orders, decrees, and proceedings were indorsed: 'Enter this order' (signed by the judge); or, 'Enter this' (signed by the judge); or, 'Enter' (signed by the judge). For the purpose of entering said orders, decrees, and other proceedings the claimant made the following entries on the journal for opening and adjourning court on the dates for which attendance is claimed: 'Court met: Present, Hon. John W. Barr, sitting as circuit judge' (or Judge Taft, or Judge Lurton, or whoever may have been the judge sending the order. Then follows the entry of the order or other proceedings of the court for that day), and, 'It is now ordered that the court stand adjourned until.' The date to which adjournment was had was left blank, and when another such order, decree, or other proceeding was received to be entered said blank was filled by entering therein the date on which the same was received, and another entry, similar to the above, opening and adjourning the court to a blank date, was made. The record containing the entries of the opening and adjourning of court, the certified presence of the judge, and the orders, decrees, and other proceedings of the court, was afterwards signed by the judge sending such orders, decrees, and other proceedings, to be entered as the record of the court for the days on which the same were respectively entered. The Exhibits A, B, and C, attached to and made a part of these findings, are illustrative copies of the record of the court upon such days.
'The nature and character of business transacted on the days on which court was opened and adjourned, as aforesaid, is best shown by the following statement of the subject-matter of said orders, decrees, and other proceedings entered as aforesaid on the days actually claimed for:
'Entry of order granting additional time to plead, four days.
'Entry of order directing drawing of jury by jury commissioners, eighteen days.
'Entry of order granting restraining order, five days.
'Entering orders disposing of sundry demurrers and motions, twenty-one days.
'Entry of orders granting rule, ten days.