Since the act of June 22. 1870. creating the Department of Justice. the returns have been made to the AttorneyGeneral. and supervision of these accounts has been exercised by that officer of the Government." Referring then to the fee bill of February 26. 1853. as found in section 823 et seq. of the Revised Statutes. the court proceeds : " Upon an examination of the statute it will he seen that it applies to taxable costs in all ordinary litigation. whether at law or in equity or admiralty. and undoubtedly governs the taxation in all actions. suits. and proceedings. civil and criminal. In personam and in rem. in the courts of the United States. lint it has not usually been considered. at least In this district. as applying to ceiftain special and peculiar cases. of which time courts have jurisdiction. where only the party asking for the right or privilege is before the court. and from the nature of the case no costs are taxable as in ordinary litigated suits. Of. such a character are proceedings under the naturalization laws. under the shipping commissioners act. and applications to be admitted to practice as an attorney. Thus Judge Shepley early refused to allow the clerk to tax costs by the fee bill on applications tinder the shipping commissioners act of June 7. 1872 (17 Stat.. 272. Rev. Stat.. sec. 4544). for the money and effects of deceased seamen deposited in the circuit court by the shipping commissioner. " In respect to the naturalization cases. it has never been hitherto understood. either by the judges or the Departments. that the fees of the clerk were for services rendered In his official capacity. At times. especially before elections. these applications are extremely numerous. The papers are usually prepared by the parties themselves or thetr friends. or more frequently by agents of candidates.
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naturalization