The daily union., 1856-01-12

possession custody tin the is ordered by the prop
sr department officers Of the government be trans
rred or paid aud when such orders for transfer
paymen, received faithfully and promptly make the
same directed"
Under the 10th section Of this last-uamed act
tain proceedings instituted against James Collier in
California; which resulting in tho presentation by the
grand jury Of bill Of indictment against him. probably
operated somewhat powerfully in quickening his
movements in regard the payment made in September
1855 than the considerations suggested by his nsel
IL appeared also that Mr. Collier upou the l2h Febru
ary 1883 put in final account in which, under his own
signature he acknowledged balance due from him to
the United States Of sOe3 49, and that he claimed credits
under several heads amounting $iao2ls 10. The cred
its thus claimed by him. and in controversy in the suit
pendlng, as follows
lst His claim for commission all moneys received by
him. at per S63 $50 80
I'd. Claim for moieiy OF proceeds of seized
merchandise, S47,352 33 subsequently
duced by deduction OF expenses to...... "a 9l5 as
Sd. Amount charged ms his proportion OF bonds
taken for vessels seized 1880 90
4h. Amount charged as collectors share Of Pc
nal 1000 90
5ih Collectors clam for reimbursement Of money al-
legged have been stolen Monterey and which had been
daiowed for want OF legal authority in the department
afford relief in such cases.
Eacn OF Which iteuiS we propose ofieny 10 nouce
In regard the question Of compensation the
ing officers had applied the principles and rules laid
down by the Secretary of the Treasury in written com
muncaon addressed to Collier upon the delivery of his
commission april 8 ls49) and which believed to be
in accordance with the acts Of Congress applicable his
case and in conformity the uniform practice of the de-
partment e
The Of Congress Of March g. ls4s entitled aAn act
to extend the laws Of the United States the
Territory and waters of Upper California" &c. provides
that the laws of the United States be- and are here
by extended and the land and waters of all
that portion Of territory ceded 10 the United States &c
The further provides for the establishment
collection district by the of Upper California, and
9that the collector Of said district shall be allowed
pensaon of 500 per annum and the fees and commits
sons allowed by law Z and in subsequent section that
alt violations of the laws Of the United States
committed within said district shall be prosecuted in the
district Of Louisiana the supreme Oregon
which said courts shall have jurisdiction and proceed
therein in the and with like effect if such
had arisen within the district territory where the
prosecution shall be brought ras
The laws thus extended over the territory OF
California scattered every volume of the laws
from 1889 to the present time Some of them provide for
the compensation Of public officers in the shape of fees
salaries, commissions, orfeares &c, and many of them
contain restrictions and limitations
The act Of May 4 1922, provides that whenever the
emoluments Of any other collector he large ports
being excepted in previous secion shall exceed $4,000
in any year. after deductng therefrom the necessary
expenses incident to his Office in said year. the SHALL
in every such be paid into the treasury for the
the United States and hat every collector shall
to the treasury for all his emolument and also all
penses incident his Office that accounts well
expenses emolumcnts shall be rendered under OATH
be supported by such proofs shall be prescribed by the
Secretary Of the Treasury, and all such shall be
settled at the treasury like other public accounts"
The act Of 80 March, ls4i after providing that the
$4,000 may be retained by collectors of the profits
derived from rents and storage public account in add
ton to the heretofore allowed further provides
"that such collector he anteceden being every coec
tori SHALL any preence whatsoever hereafter receive
hold retain for himself in the aggregate six
Thousand dollars per year. including all commissions for
duties and all fees for storage fees emoumens or
any other commissions salaries which are now allowed
limited by law"
1t supposed until the discovery made by
Mr. Collier that in thus extending the laws of
United States the territory Of California those por
tons of them which conferred power upon collectors
other public officers fees receive salary re-
tain commissions forfcitures &c, be accom-
panied by the limitations restrictions and regulations re-
latng thereto, which had been from time to time adopted
by Congress.
II is obvious that the view which had been taken
by the accounting officers and the Secretary Of the Treas
uy also entertained and acted upon by Congress for
upon the l4,h Of February, 1850 1t provided, by
resolution OF the Senate and House of Representatives
that until Congress act upon the subject 1.-THE restriction
by law upon the amount Of salaries in California and Ore
gon shall be suspended 1t may be asked what arestrc
ons by law could be here referred but those
in the laws of the Uued States previously made
applicable California and Oregon by the of Sd March,
ls4s.
Upon careful review Of the whole subject OF compensa-
on believed that the rule prescribed by the Secre-
tiry in his letter OF 9th April, ls4o correct at The
time, and that the accounting officers by whom the
counts down and including the settlement Of March T.
1853 stated had acted in pursuance of law with
single exception they had failed notice or act upon the
joint resolution Of February H. $780, before referred TO-
the application of which the Of Mr. Collier would
very largely increase his compensation.
Considering the resolution properly applicable 10 the
collector Of Upper California the Secretary OF the Treasury
directed that the should be resae and bis Off
cial emolumens regulated in conformity to the provisions