
    EDGAR M. WILSON, Administrator of Thomas B. Van Buren, deceased, v. THE UNITED STATES.
    [32 C. Cls. R., 64; 168 U. S. R., 273.]
    
      On the defendants’ Appeal.
    
    The decedent "was consul-general at Yokohama. In his absence, from May 8, 1885, to June 8,1885, the vice-consul-general was in charge of the consulate. He received fees for certifying invoices of merchandise shipped from Yokohama in transit through the United States in bond to foreign countries. These fees were paid into the Treasury and charged against decedent as official fees in the settlement of his accounts.
    The court below decides:
    1. When certificates to invoices of merchandise shipped from one foreign port in transit through the United States in bond to another foreign port are procured, the certification is an unofficial act and the fee the personal emolument of the consular officer.
    2. When the invoices were certified and the fees paid, the transaction was complete. The fact that some of the goods were stopped in transit and the duties paid cannot retroact to divest the officer of his fees.
    The decision of the court below is reversed, on the ground that where a consul in his accounts and settlements with the Treasury charges himself with fees for which he is not obliged to account, and pays the same into the Treasury and makes a final settlement, such payment will be regarded as wholly voluntary, and he can not, in a suit brought three years later, recover them back.
    November 29, 1897.
   Mr. Justice Beckham

delivered the opinion of the Supreme Court  