The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-07-08
The DAY WAS WARM.
And the Atmosphere Of the Super
yisors Room Was Hotter.
The Supervisors Finally Ratify Their
Action in Allowing the Devlin
Claim for $4,000

over the day before, came up Tor acuon.
Supervisor Curtis thought the best way
to settle the matter would be for Mr..
Devlin to withdraw his claim in its pres
ent form, refund the money and put In
new one, and trust to the generosity OF
the board to give him a reasonable COM
pensation for his services. he had
very high opinion of Mr.. Devlin, both as
q man and for his legal ability, and was
sorry he had put in a bill of such magni-
rude. He was a young man with bright
future before him, and he should regret
exceedingly that an incident like this
should mar his career or throw cloud
over it. He thought the way he sug-
gested would be the best.
Supervisor Todd said that many citizens
had talked with him on the su biect and
they all seemed satisfied with the action
OF the board and thought it had done
well.
Chairman Morrison said he had talked
with many on the subject, and ali but one
felt satisfied with the action OF the board.
They thought the county had received
$500 that it would not have received but
Tor Mr.. Devlin's action, and considered
the board had done well in employing
and paying him.
Supervisor Miller said that when the
matter first came up he thought that the
compensation was all right, as based on
the computation of what the county
would get. If, however, as Mr.. Ryan
SAID, other counties paid ~ per cent,
we ought to have the work done tor the
same; If they pay % per cent, we ought
to pay as much as any of the rest.
JENKINS EXPLAINS.
Supervisor Jenkins stated that when
the matter came up there were three of
the old board present. 1t was a State
matter and he was not we'll posted on it.
he only understood it through Mr.. Dew
Inns explanations. 1t was stated that
there was vague chance of getting the
money. He had a talk at the time with
prominent lawyer, who told him that he
could not see that the county had any
show to collect it, Another one whom
he met and talked with said there was
nothing in 1t. There was about the same
time a proposition before the board to
collect some money from the State which
was due the County Hospital fund, and
" hich had been running for number of
years. A young lawyer of this city had
offered to collect it for 10 per cent There
was some competition in the matter, and
a man offered to DO it for per cent. The
young lawyer next day proposed to do
the work for the same amount, and, as he
was fesident OF the city, they gave the
work 70 hibn. and he collected SIS, 700 and
turned tt into the fund. That work was
plain sailing, as the figures were easily
complied from the books of the Howard
Association.
IN the case ofDevlin's proposition there
was vague chance; 10 was doubtful if he
could get the money. The Supervisors
were aq4to1s to get all they could and
signed contract for 50 per cent. Bust
ness detained him In the city over night,
and he and Supervisor Miller spoke with
md Tah rI1 -
the claim would amount to $4,000 and
that ali the Auditor had to do was to file
his claim and get it.
Mr.. Devlin did not seem anxious about
the matter and he (Jenkins) told them he
thought he would give up the contract
he got Mr., Devlin and he said he did not
care and would rescind the contract. 1t
was not board meeting, as the board
had adjourned
This resolution calls for receipt from
Mr.. DevIin and a ratification of the
boards action. The people in his dis
trict generally feel that if Devlin had not
collected the claim, the county would
atthe other end of the country thought
Devlin had saved that much to the
county.
WHY ASK A RECEIPT
Supervisor Curtis asked what the ne
cesslty OF the receipt was. He thought
there was none. The claim had been al
lowed, and paid, and any other action
would not make the fact any stronger.
Supervisor Todd moved the adoption of
the resolution, and it was adopted, all
voting aye except Mr.. Curtis, who de-
ciined to vote.
RYAN JUMPS IN THE RING.
Shortly after the passage of the resolu-
ton District Attorney Ryan appeared
and asked If any action had been taken
on 1t, and was informed it had been
adopted.
He said he wished to call the attention
OF the board to some of the sections of
the County Government Act, which
should be observed for their future guild
ance.
Section 1877 states that the District At
torney is the legal adviser of the board
and must attend their meetings when re-
qulred, and must attend and oppose all
claims and accounts against the county
Mhen he deems them unjust and illegal.
de wanted TO state that this section made
1t his duty to oppose Mr.. Devlin's bill, as
he considered it illegal and irregular.
and that was his reason for opposing it.
He also read Section AZ of the same Act.
specifying that all claims must be fled
one day before the session on which they
are passed. The law, he considered \
meant by session the monthly sitting and
not daily adjourned sessions, and bills
should be presented at least one day he
fore the board convened in monthly SEES
sion.
Section 81 of the Act states that all
claims presented by the members of the
Board of Supervisors for mileage and du-
ties performed by them must be itemized
submitted TO the District Attorney for his
approval, and he must indorse thereon
his opinion of their legality.
He stated that this section had not been
complied with in several instances and
should be adhered to. He instanced a
for meals furnished to jury, which had
never been submitted to him for indorse-
ment.
MORRISON ASKS a QUESTION.
The Chairman asked him if, in the
case of bill for goods ordered by soma
one else, and not by himself, and pre-
scented by member as private individ-
ual, it was necessary TO submit it to the
District Attorney for his Endorsement,
Mr.. Ryan thought it was, and should
be done.
The Chairman said he thought differ
emily and was willing to take his chances
in the matter without having it Endorsed.
RETURNS THE COMPLIMENT.
The Chairman then called the attention
of Mr.. Ryan to the provision of the code
which states that the District Attorney
must be present on the first Monday in
tbe month to see the money in the
County Treasury counted. He never, he
said. remembered seeing Mr.. Ryan there.
and wished him to hereafter be present
and for that reason called his attention
to it.
Mr.. RYAN stated that he was very fire.
ouently busy in court in some case at the
time the money was being counted, and
nc that was also q part of his duty, it had
80, ond ha aorlA he -