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


states, az Washington, District of Columbia il
tne matter OF the claim of this State to the five
per cent net proceeds of the sales of the public
: lands by the United States: and also in the
matter OF the direct tax levied upon this State
t by the United etates. Under the Act of Congress,
o. august Q, 1851; and $50 of her claim arising
curing the Modoc war, in 1872; and also under
the provisions of the Act of Congress of June
q, 1882; therefore. be il
RESOLVED 6g the Assembly Of California the Ser2ot.
c0ncuFT57g, That the appointments so conferred
: upon Captain John Muilsn by the Governor and
Surveyor-General, respectively, are hereby rsti-
ned ana confirmed and the Governor of this
state be and he is hereby authorized and di-
: Tected to fix the compensation for the services
: py captain John Mullau heretofore, and that
may be by him hereafter rendered, al twenty
per cent. OF each of the sums or claims that
may De by him collected from the United States,
ana 10 pay TO him such per cent out of the
moneys that may be collected by him and paid
10 lnls state on account of each of the foregoing
matters respectively prorided, hotuerer, thai
this State shall not IN any event become liable
TOR any expenses, fess and salaries of any ma
ture whatever, other than such contingent COM
mission.
Section 2. That the Controller of the State of
california be and he is hereby authorized to de-
hyer to Captain Mullan, or to his authorized
agent all the original vouchers certificates and
papers of every kind and nature against the
Government of the United States, for or on ac-
count OF each of the foregoing matters respect
lively.
Section 8. That said Controller shall prenare
and take from Captain John Mullan, or from
his authorized agent, a receipt. in writing,
pound In a DOCK, same as he keepsi in his office
LOT all such papers as aforesaid. and which shall
snow what the papers are in each case the date
thereof, by what Board of Examiners passed
| Tue amount and date OF the warrant and in
whose favor drawn.
Governor Perkins was succeeded by Gov
| ernor Stoneman, who reappointed Cap
tain Mullan as the agent and attorney for
sad State, as the following message to the
Legislature of that State will show:
In reference to the several claims of the State
alleged to exist against the United States beg
leave 10 report that the agent of this State al
| Washington, d. c. under the executive an nor.
lily heretofore conferred upon him and duly
ratlned by the Legislature, has brought to the
ofhcial attention of the proper authorities and
departments OF the United States, sundry claims
OF this State. While the reports make by him
from time TO time in regard thereto show CON
| siderable and favorable progress still only two
| OF such claims have been allowed and paid by
the United states, namely, that of S495 70 on
account OF the expenses incurred by the State
In the year 1872 for the transportation OF arms
! to the northern counties during the Modoc In
dian war; and that OF s3S, 1o0 So on account of
the rebate of the fifteen per centum of the d.
rect war tax levied upon and assessed to this
State under the Act of Congress approved
August ? 1861 u. S. Stat, Vol. T. p. 296j;
In this connection beg tor report that under the
belief that proper effort made by competent
person to collect from the United States the old
California Indian war debts would be crowned
with success, have duly appointed Captain
John Mullan, present sgent, as agent also for
such purposes, the appointment being subject
| 10 ratification by the Legislature. ] have au-
| thorized him to present all the matters con-
nected with the said wal debt, including the
interest paid by and due 10 this State on ae-
count of moneys heretofore expended and
guaranteed by this state account of Indian
and other hostiities within its borders, TO the
proper United States authorities at Washington,
| with view to the favorable recognition and
payment of such claims. Such presentation
| has been made by him, and the State NAV ex-
pect through his efforts an eventually favorable
| action and final adjustment.
| The Intelligence and fidelity shown by Cap
| tain Mullan IN the matters described fully re-
| fleet the confidence reposed in HIM by his selec-
| ton for this special work, and l therefore
| recommend that the Legislature confirm the
| Executive appointment of Captain Mullan
made by me for the purpose above described.
/ GEORGE SLOVENIAN,
| Governor OF California
In pursuance of said message the Legis.
lature of California adopted on the Sd day
OF March, 1885, the following resolution
WHEREAS, The Governor and State Surveyor.
| General of this State, respectively. have here
| tofore appointed Captain John Mullan, of San
| Francisco, California, agent and attorney TO
| represent the State of California before the
| proper authorities of the United States at
| Washington, D. C., in the matter of the claims
| OF the state OF California against the United
States, growing out of past Indian hostilities
ana for interest on moneys heretofore expended
| by this State on account of military operations
herein and borders hereof, and in recovering
| alf land fees heretofore illegally paid to the
United States by this state and, whereas in
pursuance of Concurrent Resolution No u
adopted February g. 1881, and iu pursuance of
Assembly Joint Resolution No. 80 adopted
March 9, 1872, James E. Hale and 1homes NJ
Nosler were duly appointed and commissioned
agents on behalf of the State of California and
the Governor thereof. by themselves and their
duly constituted agents, TO collect from the Gov
eminent of the United States the cost charges
and expenses properly incurred by the State of
California for enrolling, subsisting, clothing
supplying, armiDg, equipping, paying and
transporting its troops employed in aiding to
suppress the instruction against the United
| States and, whereas, said James T. Hale and
I h0mas NJ. Noser have du constituted said
| Captain John Mullan their agent and attorney
| IN pursuance of the foregoing authority CON
| ferred on them, in their names places and
stead, to demand and receive all said moneys
| from said Government of the United Ststes and
In and about the premises to act as their agent
| therein therefore, be 1t
Section l. Resolved by the Senate of California
| the Assembly oOncurring That the appointments
| so conferred upon Captain John Muilan by the
| Governor and Surveyor-Geleral, respectively,
! are hereby ratified and confirmed, and the Gov
ernor of this State be and he is hereby author
! lied and directed to fix the compensation for
the services by Captain John Muilan heretofore
and that may be by him hereafter rendered at
twenty 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 LndL may De collected by and paid
TO this State on account OF each of the foregoing
matters respectively provided. however, that
TINS state shall not, In any event, become liable
Tor any expenses fees ana salaries of any nature
whatever other than such contingent commits
sion
Section 2. That the proper State officers of the
State OF California be and they are hereby au-
thoriZed AMI directed 10 deliver 10 Captain John
Mullan, 20 his authorized agent, all the orig
inal vouchers, certificates ana papers of every
klnd and nature relating TO the claims of this
Af.tf. sha Vie
States for or On account of each ofthe foregoing
matters respective Y, and also all Controllers
warrants that have been heretofore paid and
Cancelled, and which may be needed to perfect
any of the claims of this state against the United
States. represented him.
Section 3. That said State officers shall pre-
pare and take from Captain John Mullan, or
from his authorized agent, n receipt in writing
bound N a book. same as they keep in their Of
fees for all such papers as aforesaid, and
which shall show what the papers are in each
case, the date thereof, by what Board of Exam
liners passed. the amount and date of the war
rant, and in whose favor drawn.
The letters and messages hereinabove set
out are taken from a brief of Captain John
Mullan, filed with me May s 1888.
On the tenth day of February. 1883, the
Governor of California sent the following
telegram to the Secretary of the Treasury
EXECUTIVE OFFICE,
| SACRAMENTO, Cal, February 10, 1855.
You are hereby no ified and attention Cal ed
TO the fact. that Captain John Mullan has no au.
thority from me agent or attorney in repre-
senting the State of California before your De-
/ partment.
! Therefore he cannot receipt for or receive any
drafts, warrans or moneys belonging TO the
State of California, and you are instructed to
hold such drafts, warrant, or money subject to
| my order. k w. WATERMAN, Governor.
To the Honorable Secretary OF the Treasury,
Washington, d. C.
At the same time he sent a letter to
Captain Mullan, copy of which is as fol-
lows:
EXECUTIVE OFFICE, SACRAMENTO, CAL,
February 10. 1888.
| Ref rring to my kilograms of the Sd and 9Th
respectively, and after due aud careful consid-
Grafton of the matters therein referred to- l am
con WINGED that certain appointments as agent
and attorney to represent this State at Wash
ington made 10 you by the Governor and State
Surveyor-Geheral, and which you endeavored
to have ratified and confirmed, with a commits
sion of 20 per cent fixed as your fee, by concur
rent resolution of March 3, 1885 should be, and
are hereby most alphabetically revoked.
This revoc alton applies specially to the ap-
pointment by Surveyor-General Minis, Novem-
Der L. 1873 in the matter of the =" five per cent
claim aggregating nearly sl,0C0O00.
To the appointment of Ex-Governor George G..
Perkins, December II, 1882, in the matter OF
. direct tax of August 5, 1861" aggregating over
sD0,0O0 also, that of March Z. 1882 in the mat
ter OF the Modoc-war claims;; also that of