The record-union., 1893-07-07
DEFLIN'S THREE THOUSAND.
He Defends His Claim as Allowed by
the Supervisors.
District Attorney Ryan Says the Claim
Should Not Have Been Based
on the Contract.

regular session yesterday morning, and
the appearance OF things somehow indi-
Gated to an observing person that another
field day was on hand, and it was some
thing more OF absorbing interest than
Constables' fees, too.
r. L. Devlin appeared before the board
to explain the matter of his claim for
something over s., 900, which was allowed
last month, and TO refute some state
ments which had been made concerning
it. District Attorney Ryan and Auditor
johnson were also there.
w. w. Douglas Of the State Control
ler's Office appeared before the board to
answer questions with regard to the state
of affairs when Mr.. Devlin took the mat
ter of collection up. He stated that the
counties OF Colusa, Nevada and Santa
Clara had received nothing, and Sacra-
mento County had been receiving al, 800
per annum all the time, accepting that as
payment for her claims, and it was not
supposed that she was entitled to any
thing.
He understood when the law passed
that Colusa, Santa Clara and Nevada
Counties were going to put in their claims.
At the beginning of the session, the Dis
trict Attorney OF Santa Clara showed him
q bill that had been prepared for intro
duction, providing that Santa Clara
County should receive her commission
for the collection Of taxes.
SACRAMENTO NOT IN IT.
He told the District Attorney that the
bill was unconstitutional and that the
only way the matter could be reached
would be through a general law. y Sec
ond bill was then prepared and passed,
being the present law. There was no
H.
matter and no consideration given to any
claims she might make. Mr.. Devlin came
10 him and spoke aboutit, but he Douglas
considered that Sacramento had no claim
that she could collect, having accepted a
stated sum for 50 long time. Her claims
IN the matter were never considered at all
and the Legislature made no appropria-
ton FOR her claim. The Controllers
oihcc asked Tor $4,000 tax levy and re-
celved il, and the three other counties
claimed that $4,000 was due them. No
appropriation was asked Tor Sacramento,
only for the other counties, and $4,000
covered their claims.
IN answer 10 questions the witness
stated that it would take a great deal of
work to figure out how much was due
each county. When Devlin's figures
were presented they were found to be
correct, and no change was made IN
them. The figures Of the other counties
mad TO be changed.
II was not thought that Sacramento
could collect anything, but Devlin's argu-
ments, points and authorities produced
before the Controller influenced them to
consider Sacramento's claims.
SECURED BY DEVLIN'S WORK.
Sacramento was the only county in the
State, AS far as he knew, that Lad ever
been allowed a commission on collections
Of school mOney-and very large
Il
mento's claim was for school money.
W hen Devlin spoke OF a claim for school
money, witness thought that the law
barred it, but Devlin studied out the
matter and convinced the Office that it
did not, and got his money.
Being asked by District Attorney Ryan
when the matter was first called to his
attention, he replied, "A year ago" None
OF the claims would have been paid with
out a suit if the law had not been passed
This county's claim was paid on the
strength OF the opinion of the Attorney
General, based on Devlin's brief. The
computation Of amount was easy in it.
SELF, being based on a l per cent. rate,
and the figures could have been furnished
TO anyone who applied for them. The
other counties had never received any
money, but Sacramento had. The ac-
cumuIatlon Of funds was attributable to
The neglect OF county officers to apply for
ana his olhce certainly did not look II up
Tor her, and would not have paid it if the
AttOrney-General had not told them to,
as he did not consider her entitled to it,
lie knew nothing about who worked the
bill through. The District Attorney of
Santa Clara County was the only active
one he knew.
lie explained to Chairman Morrison
how county settlements are made. The
county officers present their claims and
the claims are considered. No claims on
this point were ever presented by Sacra-
mento County's officers, and the settle
ments made yearly were considered to be
made in tull.
MIR. Devlin said that Hiram w. John
son had said that he never considered
that Sacramento County was entitled to
anything and that he did not think so
now.
He said that if the board wished, he
would call'AIr. johnson in to corroborate
that statement.
CONCERNING THE CONTRACT.
District Attorney Ryan read the claim
presented by Mr.. DevlIn, which stated
that the claim was for commissions on
collection under a contract, and provid-
ing that he would only ask twentv-fve
per cent, provided the claim was paid
Immediately.
He quoted from the minutes of the
board the original contract, and said that
he was not consulted in making il. he
did not think it was necessary to nav SO
large an amount, but that five per cent.
would be sufficient compensation. He
had objected TO the contract at the time it
was made. He then read the comnuni-
cation of Mr.. Devlin to the board. offer
ing to release them from that portion of
the contract specifying the percentage of
his commission and change the contract
so as to receive reasonable compensa-
ton.
He stated various differences in the
figures given by Mr.. Devlin and those
realized by the county, showing that the
county had received more than Deylin
had estimated 1t would.
Devlin interrupted him and stated that
the difference was on account of the
county getting the commission on school
money, which IL was very dou bttul if the
county could collect, when he made his
estimate, and 1t was doubtful to him even
now if the county was entitled to it.
RYAN HOLDS IT WAS WRONG.
Mr. Ryan said if it was doubtful now
the Controller had made mistake
against the State. He quoted from the
minutes with regard to the rescisSion of
reasonable compensation. Mr.. Devlin.
he said, puts in his claim under the con
tract when he should have put in a claim
Tor a reasonable compensation for his
services. 1t was put in in spite of the
rescission, and with provision to accent
- per cent; il was not proper manner
of presenting the claim.
The District Attorney said he had
objected to the contract. as it was All
wrong. He did not think he had been
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