The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-02-15

SACRAMENTO, Feb. 1.-THE preliminary
vor, of investigating Attorney-General
Harris conduct and that Of his assistants was
commenced to-day Shortly after the AS
sembly convened this morning Dr. Mathews
read a report from the Committee on Ways
and Means. which set forth the reasons why
an investigation was deemed necessary.
The report closed with a resolution calling
for tile appointment of a committee Of FIVE,
whose duty il shall be to proceed with the
irouify at once. The resolution and report
were signed by every member of the COM
mittee. including tie three Republicans.
Kahn. Lynch and Barker. 1t was as fol-
lows:
ASSEMBLY CHAMBER, Feb. IA, 1898.
NJ Speaker: Your Committee on ways and
Means deem It a duty TO bring 10 the notice OF
this Assembly c rtain willful neglect OF duly,
Official misconduct and misdemeanOr IN the Office
az Hon. W. II. II. Hart, AtlOrney-General Of lie
S1ste Of California Your committee represents
and charges that said W. b. II. Hart has at sun
dry times during the past TWO years wilfully
ana persislenty neglected his official duty as
tie legal adviser of the Stale officials thereby
nectssiIating the employment OF special counsel
and imposing a heavy and unnecessary expense
upon The State; that the said W. II. II. Hart mas,
as your committee has been Informed and be-
leves. employed special counsel when il was I'M
necessary 10 do SO, presumably for The benefit
of an intimate friend and associate and that for
sueh services lie has approved of unreasonable
and exorbitaut claims.
Your committee further represents and charges
that said ". Il. II. Kart, on account of suits in
sututed by The ) ale against certain Harbor
commissioners, received Ia satisfaction Of judg
ueut tie following Items: July %, 1891, eOple
IS Phillips, SIPS 50; August l, 1891, People
vs. Banding S660I 90; October 20, 1892 Peo-
Die vs. knight S24u4 SO; October %. 1892
People Us. Bandjng. Sll20. TOtal-S17, 65l "a
Taat said ". II. T. Hart has, for a period OF
nearly two years retained in bis possession the
bulls OF this money In violation OF the law now
in force and effect, and that he failed and neg
lected to make any mention OF The said money In
MS annual report dated september Is. 1892.
That by the action OF this Assembly, and
formal demand made by the Coulr0 T, said w.
H. Ii. Hart was apprlsed OF bis deIelieIiOn Of
duty. and notified TO pay into the State treasury
tile amount OF money now in his possession
which belongs to The State, but has refused to
comply with Tie demand, and IS therefore guilty
OF official misconduct and msdemeanOr IN Office.
Your committee, In conclusion, respectfully
asks al tie hands of this honorable body that the
rights Of the State be indicated and the integ
rty Of tie public service be preserved By an
Investigation or the official acts and conduct OF
II
following resolution is recommended:
Resolred. That The Speaker be, and he is here
Iy authorized TO appoint a special committee OF
I've whose duty IL shall be to inquire Into The
sihcia c0nduct and acts Of ". H. Il. Hari,
AUoney-General Of the State Of California, and
that said committee shall have full power 10
send for persons and papers. and that they re-
port 10 this Assembly by impeachment or other
wise.
Mathews then spoke briefly to the re-
port, stating that at first the committee had
decided to bring impeachment proceedings
at once but since forming that determine
ton they had obtained counsel, and the
advice given them was to further lnyestl-
gate the charges against Hart and, if they
we're substantiated. then Impeachment
would follow.
Speaker Could appointed the following
special committee of inyestgatlon-Ma-
thews, Kahn. Tindall, Lynch and Mack.
Tie committee intends to commence work
AT once. the first meeting being announced
10 be held tomorrow. The Attorney-Gen-
eral, who has been 10 Los Angeles. is ex-
pected here by that time. If that officer
does not arrive, the investigation will pro-
ceed without him.
The committee has already obtained some
very strong evidence, showing that not only
has Hart been dereict in his duty. but that
his assistant, ". Il. Lays0n, has been guilty
Of using the machinery Of his Office in run-
ming a rather thriving private practice here
in Sacramento. a number Of letters written
by Layson to parties in Sacramento threat
ening suits were read to the Ways and
Means Committee last evening, and they
will be used as a basis for the removal of
LAWSON. The letters were written on letter
paper bearing the imprint Of the Attorney
General, and the tenor of the epistles was q
request for tie parties to call at that Office
and transact their business.
Layson seems TO be very much alarmed
over the possible result of the investigation.
for this morning he went to Kahn and asked
MIN il he would not consent to hold the
matter over for few days. Kahn, speak
ing for himself, declined to grant any
respite.
The Controller has discovered that Hart
should have in his possession S23,O in
stead Of S1s.O00 and he will be asked tC
hand that amount over to the State Treas
urer.
private dispatch was received from Hart
last evening stating that he would appear
in court on Thursday and tender certified
check for the full amount.