Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-03-23

i Dy tnis state On al anula.i VI lISDeliAoH MA
claims.
IL. That in January, 1885, the Governor {
California, Hon. George Stoneman, in his regr
lar biennial message to the Legislature, recite
his said epployments and recommended ths
Is. That on March 8, 1885, the Legislature, 1
Senate Concurrent Resolution No. page 23l
Stat. 1885, ratified and confirmed each OF sal
employmenIs and authorized and directed tn
compensation for the services to be rendered
be fixed aud paid in each case in a manner tn
same as the Legislature had provided OH Marcl
3. 1888.
10 That the amount OF said fees aggregate
about 5000, more or less, and though som
progress has been made thereon in the lnterlo
Department. no collections thereof have as ye
been made.
Fittieth Congress, first session, to pay said In
dams war claims (Which aggregate about $500,
coo, more or less), introduced by Senator Stew
art, passed the Senate. and was on the Speaker
table when the FifLieth Congress adjourned
sine die, so far as your committee is now in
formed. The object of said bill was 10 author
ize the Secretary of War 10 fully examine int,
and report to Congress upon said Claims. Tha
Senator Hearst, on March 2, 1882 endeavO-ed Il
secure the passage of a Senate resolution to Sc
cure for these Indian war Gains an eXamina
ton and report similar TO that secured by sen
ator Stewart tor the Rebellion war claims o
this State; but objection having been made
thereto, said resolution went over without
action, so far as your committee is now IN
formed, when the Fiftieth Congress adjourned
sine ale
q. That bills to pay interest on said Indian
and Rebellion war claims (the amount of which
is indeterminate) were introduced in both en-
ate and House during the Fiftieth Congress
first session; but no definite action was had
thereon prior to the sine die adjournment of the
Fiftieth Congress, so far as your committee il
now informed, outside of a favorable report in
the House relative to the Rebellion war claims
and unfavorable action had in the Senate rela-
tive to said Indian war claims.
p. That on December l, 1885, the Surveyor
General, Hon. II. l. Wiley, subject to the ap-
proyal OF the Legislature, employed John Null
Ian to collect the unpaid claims of the State
arising from an improper disposition of lands by
the United States that properly belonged to
this State, the amount of which aggregates
about SIS, 900, more or less that bull to pay the
other action had thereon prior to the sine die
adjournment of the Fiftieth Congress- SO far as
your committee is now informed
%. That all The aforesaid unpaid claims OF
this State against the United states have been
represented and prosecuted at Washington for
the ten years last past beginning Novem-
Der |, 1875, by John Mullan, under mis- aforesaid
employments (the principal of the Rebellion
war claims being represented and prosecuted by
him under a private contract entered into for
that purpose by him with MeSsrs. Hale q NoSler),
at his own expense, and without any cost or
any expense to this State, other than a contin-
collections as he may secure under his said en-
Payments TO be paid only after such collections
are so maze. That John Mullan has actively
diligently and faithfully performed all the
duties devolving upon him under each of his
SAID employments as shown by numerous let
tiers from Senators snd Representative in Con.
gresS from the Pacific coast states, and as eyi.
denced by the results themselves shown to your
committee.
d. That if there are DOW any unpaid claims
OF TINS state against The United States. other
than and different from those herein named
they have not been brought TO the notice OF your
committee.
CONCLUSIONS.
From the facts SO found your committee has
reached the following conclusions, to wit:
First-That the relations Of said employees to
the aforesaid claims of this State against the
United States, by virtue of services rendered
and to be rendered for the benefit of this State,
under their said respective employments, con-
stitute contracts of employment.
Secondhand it nowhere appears to your
committee that any successful efforts were
ever made in the collection of these unpaid
claims prior to the dates of the aforesaid en-
Payments of John Muilan; and, apparently, no
serious or systematic plans were adopted there
for, unless we may possibly except the adoption
by the Legislature of certain resolutions and
memorials to Congress relative thereto as such
efforts or plans-for instance, such as memorial
i " congress thirty-one years ago to grant to
this State that which now constitutes her IN
paid I'VE per cent. claim your committee OBJ
serving that nearly all OF these claims are from
about twenty-three to thirty. eight years old;
for they run all the way from the year 1870 to
1865.
Third-Thst justice, as we'll as the honor and
good faith of this state, demands that John
hullan, In all cases where the same has not
heretofore been done, should be fully paid all
the commissions which he has already earned
upon all collections which he has already mace
ana which he has already paid to this State on
account OF any of the aforesaid claims-it hav.
1lGf hlCr cod 3 hat h. .t<
commissions out of said collections whenever
made, as the compensation to be paid TO him
under his said employments, for services rem
dered or to be rendered to this State, in making
such collections from the United States on
account of the aforesaid claims.
RECOMMENDATION.
Wherefore, your committee now recommend
the due approval and adoption of this report
Signed by Mathews. Culver. Burwell. Hamill
and Jones.
Governor Waterman having taken the
position that power was vested in him to
vacate and revoke the contracts of employ
ment Of Captain John Mullan, as recited in
the report of said committee, undertook
on February Sd, 9Th and 10th, 1888, to revoke
the same, and so notified the Secretary OF
the Treasury. Captain M1llau denied the
of and resisted such action, and the
proper officers of the Treasury Department
on the 10Th of December. 1888, held, and
on the 18th of January. 1889, decided that
the Governor did not possess the authority
he assumed and undertook to so exercise.
A copy OF this decision is as follows:
TREASURY DEPARTMENT,
SECOND CONTROLLERS OFFICE,
January %, 1889.
Revocation of the Power of Attorney to state
Agent-Memorandum.
The question to be determined by me is.
whether or not Captain John Mullan
should be recognized by this office as the
agent and attorney for the State of Califor-
MIA in settlement No. 3,249, of September
is, 1855
On November %, 1883, the Third Auditor
returned this settlement with all the &C.
companying papers, to me with the recon-
menda'ion that Captain John Mullan be
recognized as the attorney therein. On
December %, 1888, returned the papers to
him, bearing an Endorsement that the draft
based on said settlement should be made
payable to the order of the Governor of the
State of California. and be sent to him, in
The Act of June 81, 1882 (22 Stat. I'D,
authorizes the Secretary of the Treasury
to examine and report to Congress the
amount of all claims of the States of Texas.
Colorado, Oregon. Nebraska. California,
Kansas and Nevada and the Territories of
Washington aud Idaho, for money ex-
pended and Indebtedness assumed by said
States and Territories in repeliing invasions
and SURPRISING Indian hostilties, and for
other purposes" The first section OF this
Act provides that the Secretary of the
Treasury is hereby authorized and directed
with the aid and assistance of the Secretary
of War. to cause to be examined and in
vestigatedn all said claims of the States and
Territories above mentioned.
On the 18th day of July, 1882, George c.
Perkins, Governor of California, wrote the
following letter to Captain John Mullan
STATE OF CALIFORNIA,
EXECUTIVE DEPARTMENT,
SACRAMENTO. Cal, July II, 1882.
Dear Sir: In reply 10 your favor of the I'D
against the United States, for money expended
aud indie otedness assumed in repelling in
vasions, suppressing instructions and Indian
hostilities, / hereby authorize you, on behalf o.
the State OF California. TO represent the same In
endeavoring to recover such amount as may b,
eminent to the State OF California, on the ex
press condition stated in your communication
of the I'D ult. Very respectfully,
GEORGE C. PERKINS,
Governor of California.
CAPTAIN JOHN MuLLAS, Washington. D. C.
Subsequently Governor Perkins sent tn,
following message to the Legislature of tn,