Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-05-21
THE MULLAY MUDDLF.
Tae Documents of So-caI1ed Authority
in the Case.

hSe documents OF So-cailed Authority
in the Case.
The facts connected with the discussion
concerning the appointment Of Captain
John Mullan as Agent Of the State. to COL
lect funds from the generalE Government,
are very simple. The Government has re-
turned to most of the States per cent. of
the receipts from sale of public lands
located in the State after their admission as
States. This per cent the various States
have applied to school purposes, or such
other use as they determined California
not having received the ) per cent which
had been accorded 10 most OF the other
States, Survevor-General Minis, although
apparently having no authority whatever
To do SO, formally appointed Captain
Mullan in 1873 as Agent of the State. 10
establish our claim and procure the
| amount. Following is the letter of ap-
| puintment:
SU2vEYOR-GENERALs OFFICE.
SACRAMENTO, Nov. l, 1873
Captain J0lil f,tLGii SGa Francisco Cdl-DEAE
SIR hereby appoint you agent for the State of
California to secure from the United States for
the benefit of the State of California the paw
ment by the United States TO this State the per
centum OF the net proceeds of the sales of all
public lands lying within the State of Califor-
mia, which have been sold by Congress after the
admission of said State into The Union after de-
uuCtlng all Ine expenses incident to the same.
and TO he deposited i'll the State treasury for
such purposes as the Legislature may hereafter
direct, which amounts have been provided for
and granted to the other States in the Union
| shall recommend to the next Iagis ature
that you be paid such compensation for your
services in these premises shall appear Just
and proper, and based upon the amount of
moneys you may succeed in recovering for this
State. You viii see that the total amount re-
covered, without any deduction of any kind
whatsoever, shall be transmitted by draft and
! not otherwise, by the Hon. secretary of the
Treasury of the United States to the Treasurer
of the State of California You will report to
this office from time to time the results of your
action in these premises.
WILLIAM MINIS, Surveyor-General
No further action whatever appears to
have been taken by any State authority
until in 1889, when the Legislature adopted
the following resolution of confirmation.
| which, it will be observed, recites that the
GoUertor and Surveyor-General had previ-
ously appointed Captain Mullan to the
| position:
| Assembly Concurrent Resolution No. % adopted
March 3, 1888, directing the Governor 10 fix
the compensation for services rendered by
Captain John Mullan. Statutes of 1888, D.
Sg4)
| WHEREAS. The Governor and State Surveyor
| General of this State have heretofore respect
! lively appointed Captain John Mullan of San
Francisco, Cal, Agent and Attorney to repre-
sent the interests of the State of California be-
fore the proper authorities of the United States
at Washington, ID. c.. in the matter OF the claim
OF this State to the five per net proceeds of
the sale of the public lands by the United States
in this State; and also in the matter OF direct
tax levied upon this State by the United States
under the Act of Congress of August g. 1861
and also of her claim arising during the Modoc
War i'll 1872 and also under the provisions of
the Act OF Congress OF June y, 1882 therefore
be ii
Res0rtcd BY the Assembly of California. the
Senate concurring, that the appointment so con-
ferred upon Captain John Mulan by the Gov
ernor and Surveyor General respectively, are
! hereby ratified and confirmed, and the Governor
of this State be, and is hereby authorized and
directed to fix the compensation for the services
by Captain John Mullan heretofore rendered
and that may be by him hereafter rendered at
20 per cent of each of the sums or claims that
may be by him collected from the United States
and to pay to him such per cent out of the
moneys that may be collected by him and paid
to this state on account of each of the foregoing
matters respectively pforded however, that
this state shall not in any event become liable
for any expenses, fees and salaries of any ma
ture whatever, other than such contingent com
mission.
The above letter from Surveyor-G General
Minis and the resolution of the Legislature
constitute the authority issued to Captain
Mullan in relation to the per cent Out
side of this matter Captain Mullan was ap-
pointed agent by Governor StOneman in
1884 to collect certain other claims for the
State embodied in the following docu-
ment, but over which no objections are
known to have been raised. Considerable
of an amount has been collected of these
last-named claims, by Captain Mulan, and
turned into the State treasury. The ap-
pOinment to collect them was as follows
STATE OF CAIIFoRNrA, J
EXECUTIVE DEPA ETMENT.
SACRAMENTO, March 81 1884.
In addition to the claims due the State of Cal
liornla from the United states enumerated in
the preamble to Assembly Concurrent Resolu-
ton No 90 aud adopted by the Legislature of
California on March 3 1888 Captain John Null
III Francisco. California
at Washington, d. c.. is hereby appointed agent
and attorney TO represent the interest of the
State of California before the proper authorities
OF the United States at Washington City d. c.
in the matter of all moneys or balances that
have been paid or which remain due, and to be
or liable to be paid in whole or in part by the
State of California on account of any Indian
war bonds or coupons, issued by the State of
California under the authority of the Legisla-
ture thereof in its Acts approved 18th of Febrli-
ary, 1851; Sd OF May. 1852 and 25th of April.
1857, respectively for the suppression of Indian
hostilities within said State, for the purpose
Of recovering from the United States for the
state of Calitora a, u sum equivalent thereto
in payment or satisfaction of the whole thereof,
| together with ell interest which is now or
which may hereafter become due PAYABLE or
allowed thereon, or on any part thereof, by the
| United States, and also to recover from the
| United States all interest that is now or which
may hereafter become due. payable or allowed
by the United States to the State of California,
on account Of any part of the money expended
or liabilities assumed by this state on account
of the of the Rebellion.
The compensation OF Captain Mullan for his
services in the foregoing named matters is fixed
at twenty per cent. of the moneys that may be
collected by him. or paid to the State of Calilor-
MIA in any of these premises; provided how
ever. that this State shall not in any event be-
come liable tor any expenses fees or salaries OF
any nature whatever, other than such contip-
gent commission.
This appointment and commission shall be
subject 10 the ratification of the Legislature
Otherwise 10 De VOID GEORGE SToSEMAS,
Governor of California.