Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-01-19
CAPTAIN JOHN MULLAN.
He Has an Interview with Governor
Waterman Relative to Hfs Claims

Ian, appointed many years ago to collect a
, sum of money due the State of California
from the United States for reasons which
| are given below, met by agreement Gov.
J ernor Waterman in his private Office in the
Capitol. A careful perusal of his letter ex-
} plains everything regarding the matter,
} and will be read with interest by every
one. Following is the letter he read to the
Governor explaining his mission:
To the Governor of Cdlifornia-SIR: l. On
March IL, 1862, the Legislature of the State
OF California appropriated the sum of $16.-
3S2 60, which was thereafter duly disbursed
by the proper State officers of California
for the common defense to wit: for the
payment of expenses incurred in the sup
preston OF Indian hostilities in the county
OF Humboldt, in this State, in 1861. (See
page 81, Statutes of California, 1862
2. This expenditure by the State of Cali.
fornia, so appropriated and expended for
| the " common defense" was, under the
Constitution of the United States, in all re-
spectS proper to be refunded by the United
States to the State of California.
3. The history of the circumstances and
| public exigencies under which this ex-
penditure was made necessary by this State,
the method suggested as to how this ex
!
credited to this State (but which was mott
were duly laid before the Legislature Of
California by the Governor, Hon John G.
Downey, in his regular message to the
Legislature in January, 1852
t. The efforts taken by Ex-Governor
Downey to aid in securing the evidence
necessary to prove and establish the valid
| ity of this refundipg by the United States
TO the State of California are set forth in an
affidavit made by said ex- Governor Downev
! on June 10, 1888, at Los Angeles, Califor-
| mia.
5. More than 20 years having ELAPSED
| during which interval the amount of inter
est lost to this State by its failure to secure
the refunding of the aforesaid from the
United States, had far exceeded the amount
OF the principal, and no portion of said
principal having been refunded by the
United States to the State of California
prior to July IL, 1882, the Governor of Cal
ifornia, Hon. George G. Perkins, on July
II, 1882, employed me to secure the refund
ing TO the State of California by the United
States OF the aforesaid sum and other sums.
proceeding therein under Act of Congress
approved June 81. 1882. page Ill, United
States Statutes. 1922 The compensation
for my services in this case was to be paid
exclusively out of the sum l might recover
from the United States for this State, at nv
own expense and not at the expense of this
State; contingent, however, upon success.
1t having been also expressly understood
that my compensation in this case was to
be left entirely to the judgment and discre-
ton OF the Legislature to fix and determine.
3. AT its next session, subsequent to july
II, 1882, upon the recommendation of Hon.
George @. Perkins, the Governor of Califor.
MIA, duly recited in his Regular message to
the Legislature in January, 1888, the Leg
islature of California on March 3. 1885,.
duly approved said employment by ratify-
ing and confirming the same in a contract
by which rate of compensation for nv
services rendered, and to be rendered. and
the amount thereof was duly provided for,
to wit: the same to be commission, on I
the amount SO by me collected, The amount
and rate to be fixed in the manner and to
be paid as in said contract recited. and pay
able only in the contingency of nv sue
cess. page 1874, Statutes of California
T. Proceeding in good faith Immediately
after said employment, and continuing
thence to this date with due vigilance un-
der said contract, and at my own expense.
and never at any time or place at any ex-
pense of the State of California, and the
State OF California never having paid and
never liable to pay any expenses of either
fees or OF salaries of any nature or kind or
description to any one whomsoever other
than my said contingent commission. |
have succeeded at the earliest date practi-
cable in having the United States refund to
the State of California the sum of $11, 1913 GA
/ IN partial payment of the aforesaid dis
bursement by the State of California for
the common defense" (See page 575,
U. S. Statutes. 1888, Act of Congress. ap-
proved October 10, 1888, as follows, to wit
Reimbursement to certain States and Ter
ritories of expenses incurred in repelling
invasion and SURPRISING Indian.hostilities
Act June q, 1sS2-sl1, 723 64.")
s. The rounding of this sum of 81. 723 81
has been made by the United States in the
manner following to wit, by two drafts
drawn by the Treasurer of the United
States, and duly delivered to me BY direc-
ton OF the proper officers of the United
States Treasury Department. Washington,
d. c., and by me duly receIpted for; one
draft, No. 26 53S, being for 50 37S 90; one
draft, No. $3.50, reing for 50, 344 ~, both
drafts drawn to the order of the Governor
OF California" both drafts made payable by
the United States Assistant Treasurer at
San Francisco, California, and both drafts
bearing date, Washington, d. c., January
2, 1889.
8. These two drafts representing the re-
suits of my services in behalf of the State
j lZ,lS
| to January Is, 1882 in this case, | now very
respectfully tender to the Governor of Cali
tornia, as the evidence of the performance
in good faith of my part of SAID contract,
| and at the same time now ask, and very
| respectfully request, the Governor of Cali
| fornia TO fix and determine the amount of
my compensation for my services rendered
| in these premises and also now to pay me
the same and all to be done in the manner
and to The extent as provided for in the
said contract and all of which now pray
and move may be so done by the Governor
of California, in and as evidence of the per-
formance by the State of California of its
part OF said contract in this case / am
Governor. very respectfully,
JOHN MULLAS.
AT the Capitol, Sacramento, Cal, January
Is, 1889.
After reading the above, Mr.. Mullan
took from his pocket the drafts and pre-
sented them to the Governor Mr.. Water
man declined to receive them and, turning
to his Secretary, Mr.. Boruck, said, My
Secretary will read you my reasons for not
accepting your drafts"
MIR. Boruck then read the Governors
reasons. which in substance were: That the
appointment of Mr.. Mullan as agent OF
California had been declared void by him
self, and that he had no right after such
declaration by the Governor to assume him
self agent of California in the matter. In
conclusion, the Governor demanded the
drafts.
Mr.. Mullan then handed the drafts to
the Governor, but the latter. before taking
them said, IN substance, Il will not take
these from you as agent of California bu,
assuming you as private citizen
Mr.. Mullan in laughing mood handed
over the drafts saying, "All right, Governor
, we don't care to have any words about it
and believe this ends our business"
: This concluded the interview and it re-
mains to be seen hereafter what will b,
done. Mr.. Mullan, accord ng to his agree
!, ment in the first place, was to get twenty