Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-06-04
THE UsUkPATIoN BY THE STATE
TREASURER.

4a6hO AL4a.
A local evening sheet, that assumes to
be immaculate, yet Is ever PROSTATE at the
feet of all vicious and demoralizing infu-
ences, and that is never quite so happy as
when impugning the motives of others,
and arrogating to itself excess of virtue,
after week or two Of dead silence, at last
comes to the defense of State Treasurer
Herold
Much as the unlawful acts and the out
rageous usurpation of Mr. Herold are to be
deplored, he is entitled to the profound
sympathy of the public for the humiliating
position in which his selfappointed advo-
cate now places him, and the unlawfulness
TO which it commits him 1t will be re-
membered that when, last fall, the Treas
urer first refused to approve the plans for
the school-book and printing stock ware
house, the RECoRD-U NIoN-which has
from the outset championed the cause of
the textbook system-criticised the refI-
sal of Mr.. Herold Immediately, and with
as much incisiveness as at any time since.
The reason then advanced by the Treas
urer was that there was room enough for
storage in the State Capitol. But
the true reason was known and stated-the
anger of the Treasurer because the Gov
ernor opposed the purchase of additional
Jute-mill machinery for the San Quentin
prison, in favor Of the "night-shift" plan
of work, which has since been adopted, and
has proven so successful. On several oc-
casions the RECORD UNION has exposed
the hollowness and falsity of the excuses
set up in Mr.. Herold's behalf, and no sue
cessiul defense of them has been made. Ar
chitects have now forbidden the further
storage of books in the Offices of the Super
intendent OF Printing, and that official has
felt it imperatively necessary to rent space
In non-hreproofand much-exposed struct-
ure for the storage of textbooks and paper,
a fact which the mendacious apologist of
the Treasurer wholly ignores.
The first ostensible objection of Mr..
terold being disposed of, his advocate is
driven to new excuse for his contumacy.
The public is now informed upon the
doubtful authority Of that Journal that the
Treasurer refuses to do his plain duty
and for which he can be, and ought to be
called to ACKNOWLEDGEMENT
He believes such a cheap building would be
Hlssraee 10 the grounds, and he declares he
would willingly ratify the plans if the amount
were hVe times that named. In this opinion
Governor Bartlett concurred during his lifetime
as does also Controller Dunn. Yet neither of
the latter officials have been denounced-but
tnen neither of them has bestowed small adj
on an 'envious contemporary. a"
Governor Bartlett approved the bill for
the $4,000 warehouse. Without his an
proval it could not have become law. It
is well known that he opposed a greater
appropriation because the Superintendent
OF Printing, competent architects and his
own judgment held $4,000 to be ample,
as In fact it is. The charge that the Gov
ernor approved bill he intended to de-
feat Is abhorrent to those who knew the
man, and is an absurdity, and an outrage
Gus and objectionable SANDER upon the
dead. No one familiar with the tenacity
~ h which the late Governor adhered TO
tie laws and his conscientious regard for
t!'eir commands, can for moment enter
tam the idea that were he living he would
approve the refusal to obey a law made
s0eh by the afiixing of his signature. But
Mr.. Bartlett is dead, and upon the living
falls the duty of administering the affairs
OF the State
The approval or consent of the State
Controller cuts no figure in the case, the
law invests him with no voice in the mat
ter, and his view has no more to do with
1t than that Of the Sultan of Morocco
Moreover, we have but the word of
mendacious sheet, that does not sickle at
untruth to accomplish its purpose, that
the Controller has had the presumption to
iDteGect his official or non-official opinion
in the matter. We prefer to believe that
he has not meddled with it, and under
stands his duty too well to even think of
doing SO.
The Constitution provides how laws
shall be enacted, and defines no other
method than this-the passage of bills by
the two houses of the Legislature; their
by the Governor, or, in case of
his disapproval, their passage by a two
thirds vote, notwithstanding the execu-
tive objection. Bills thus treated become
laws and the rules of direction and re-
straint upon all official acts of the State
officials. To the support and enforcement
of such measures every State officer, includ
ing Treasurer Herold, is solemnIy sworn.
Whenever any one of them deliberately
refuses to enforce law, or sets himself up
IN opposition to it, he violates his solemn
and voluntarily-assumed obligation and
renders himself amenabIe to the provisions
of the Penal Code
Sc ;iion l76. Every wiIlful omission to perform
any duLy enJoined by law upon any public OF
nSer, or Person holding any public trust or en-
ploynenI, when no special provision shall have
oe1h msds ior the punishment OF such deiu-
queh1y' IS punishable as a misdemeanor.
The Act OF March, 1876, provides that
when an officer is directed, by the law
to erect public building IN this case the
direction is to the Superintendent of Print
ing), he shall submit The Plans, drawings
and specifications TO the Governor, Secre-
tary Of State and Treasurer, and if they
approve them he shall go on with the
work. Clearly the intent Of the law is
that this precaution shall be taken as
check upon the officer directed to build, to
prevent excess Of expenditure or the cree
rien of a structure not in accordance with
the direction of the Legislature. Just as
clearly is it evident that the Legislature of
1876 did not attempt to delegate to the
Governor, Secretary Of State and Treas
urer powers TO undo or defeat its action
lndeed, the Legislature cannot, if it wished,
80 delegate It's functions. In this ease the
Governor and Secretary of State have ap-
proved the upcrintendent's plans, and the |
Treasurer refuses to approve or point out