The record-union., 1893-02-09
WHERE DO THEY BELONG /?
Those Moneys Now Held by the At
torney-GeneraI.
General Hart Brings suit to Determine
the Mooted Questfon-Points
in His Complaint.

J
complaint in the Superior Court of San
Francisco in suit against the Board of
State Harbor Commissioners and Con-
troller Colgan, the object of which suit is
to have certain settlements made by him
confirmed and ratified by the court, and
further, that it be determined by the
court, by its decree, to whom certain
moneys held by him shall be paid, and as
to whether the same belong to the general
fund of the State or the San Francisco
harbor improvement fund.
In q communication to Controller Col
gan, on the subject of these moneys in
his (Harts) possession, the latter SAYS:
There need be no delay in obtaining a
decision upon these questions and until
such decision is rendered, and not before,
1t is obvious that l will not be justified in
complying with the demand set out in
said resolution. You are already cog
infant OF the facts and the history of said
litigation and settlements, and which are
set forth in said complaint, copy of
Which has this day been served upon
| you; and you are also aware that said
Assembly resolution fails to state the true
situation OF The case, and does not set out
the facts correctly"
GENERAL HART's COMPLAINT.
1uo SdllSuI pOlDIS IN GGn0ral Hart
| complaint are that seven or eight years
after the commencement of the three
suits by the people of the State against
| Messrs. Blanding, Phillips and Knight
State Harbor Commissioners, to recover
upwards of 100000, for which the Com
missioners were alleged to be liable by
reason of defalcations on the part of GER
tain of the wharfingers and collectors of
tolls, and the Secretary of the board, the
Legislature passed an Act empowering a
settlement of the suits by the Attorney
General.
In the course of his investigations he
discovered that there had been a lapse on
the part of Controller Dunn in not bring
ing four suits, instead of three. That the
ex-Controller had omitted bringing any
| action or proceedings against George S.
| Evans, one of the Harbor Commissioners
who held the Office from and after March
l, 1880, to March q, 1888. That William
Blanding was Commissioner, in possess
sion fthe office, from March 10, 1878, to
| November q, 1882, he continuing to act
after March, 1882, while holding on to the
seat of w. ii. Knight, an appointee
named to succeed him; that w. A. Phil
lips was Commissioner, holding the office
from March, 1880, to March q, 1888; that
| William II. Knight was appointed Har-
Dor Commissioner March s, 1882, but by
reason of his seat being contested he did
| not take the Office until November 23
1882, and that he did not thereafter serve
as Commissioner later than March q,
1888.
The complaint further alleges that dur
ing said times the said Commissioners
employed Secretary, wharfingers and.
collectors, among whom considerable
dishonesty existed, and who appropri-
ated large sums of money belonging to
the State; that each of said employees had
given bonds for the faithful discharge of
tID,i,. tl,at 80
ever came into the possession of any of
the said Commissioners; that after the
said Harbor Commissioners and the sure
ties on their official bonds had been sued
by the State, the attorneys handling the
litigation, at the end of upward of seven
years, despaired of ever recovering any
judgment in any of said suits, and the
Legislature was induced to, and did, pass
an Act, approved March 81, 1891, author
iZing the Attorney-General of the State
to settle the actions upon payment to
him, for the use of the State, of such
amounts as by the cash books kept by
| the Secretary of the Board of State Har-
Dor Commissioners appear to have come
| into the possession OF said board, and
which have not been paid into the State
| Treasury; or to dismiss the same, in his
discretion, as to any defendant therein,
upon payment by such defendant of his
just proportion of said amounts"
The complaint further recites that said
amount as claimed to appear by said
cash books was found to be S23, ,036 AZ.
That the Attorney General found and
decided affirmatively on the contention
of said knight and his bondsmen, f. S.
Wensinger, J. S. Emery, j. n. Knowles,
J. Birmingham, w. Witzemann, Alexan-
der Badlam and Moses Heller; that said
! Evans and his bondsmen, Lloyd Tevis
| and others (who were not sued and
whose liability had ceased by the run
ming of the statute of limitations), were
liable for one-third of said $23 ,036 AZ.
| Other allegations of the complaint set
| forth that in said settlements, the Attor-
y-General received from said Blanding
and his bondsmen S7,7l7 Sc, from said
Phillips and his bondsmen S7,725 81 and
| from said Knight and his sureties
| 81, ,404 sc, making a total of SI7, ,S47 "a.
| That he exercised the best of his iudg-
ment and due caution in deciding said
matters and arriving at said amounts and
making the settlements.
| Plaintiff also shows that said moneys
| properly belong to the general fund of
| this State, but that the defendants con-
| tend that the same should be turned into
the San Francisco harbor Improvement
fund.
| Plaintiff therefore asks that the court
| ratify, approve and confirm said settle
ments and dismissals of the suits afore-
said, and decide as to the appropriate
fund to which the moneys derived there
| from should be paid, to the end that he
and the sureties on his official bond may
be saved harmless from liability on ac-
count of the fulfillment of the in
volved and arduous duties which he was
required to perform by said Act of the