The morning call., 1893-03-04
SEVERE ON HART.
Conclusions of the House
Committee.
NO RECOMMENDATIONS MADE
The GodchauX Amendment Receives
the Necessary Number of Votes
in the Assembly.
Special to THE MORNING CALL

IfelgntS ana lareS Scneuule, came up on re-
consideration this afternoon. When Duck
worth took the floor against the measure,
he said that he had been called a railroad
hreiing and other titles of unsavory sound,
and then proceeded to vent his. spleen .uron
the newspapers that had dared TO so style
him. He declared that he was a railroad
man, and his constituents desired that he
should be so.
At the conclusion OF DuckwoFth's re-
marks there was a call of the House which
lasted until nearly 6 ocluck. Cusek Of San
Francisco, and johnson of Humbol dt were
absent, but they were finally hunted up and
brought into the chamber. They both
voted for the amendment amid loud cheers
and confusion. This gave it the required
81 votes TO %. Then Lynch changed in
order to give notice for reconsideration.
The vote was as follows:
Ayes - Adams, Afford, Bennett of
Orange, BledSoe. Buyce, Bretz, Brownie.
Buckley Bulla. Burke, Conway, Curtis.
Cusick, Duffy, Emerie, Finlayson, Gala
CHER, Gately, Godchaux, Hamilton, Hend-
rickson, Hurley. HutsUn. Jacobs, Jacob
sen, johnson of Humboldt, johnson of
Santa Clara. Kennedy, Kahn. K"rns,
La Rue, Luttringer, McCauley, McElroy,
McGowan, Mack, Marks. Marston. Mathews
of Tehama, Matthews of San Benito, Nor
deca, O'Keefe, O'Nei. Pueschel, Sargent,
SchlesiBger, SchrOebel. Shsnshan. Sims.
Talbot. Taylor, Thomas of Nevada. Tin
dali, Gould-54.
NOes-AndersoD, Audrous, Barker. Bar
low, Bennett of Santa Clara. BIakeey, Carl
sou, Casterline, Chipmau, Dodge, Duck
worth, burst, Miller. Lynch. Owen, Pen
dleton, Perkins, Simpson, STANDARD, Tag
CART. Vann, Wsde-22
Emeric arose from a sick bed in order TO
vote on the amendment. 1t now will be
transferred 20 the Senate, where it will be
killed. The members of the Assembly who
favored the measure, however. feel that
they have won a victory.
The report of the committee appointed TO
investigate Attorney General Hart was
read il the House to-day. 1t was as fol-
lows:
Mr.. Speaker: Your sreclal committee ap-
pointed for The purpose OF iuquiring into the Of
fetal conduct and acts OF ". II. fl. Hart, Al
torney-General Of The state OF California. aud 10
report thereon 10 this Assembly BY impeach-
ment or otherwise, submits ths following report:
w. II. II. Hart, by virtue Of bis position At
torney General. and In that capacity, received IN
settlement Of Cei tain suits brought by The SIaIe
of California against certain harbor Commits
sIoners In the following named cases the follow
iug named Sums of money:
In The Of the People vs. Phillips, Il ap-
pears from a stipulation on file th,t there was
paid to him on July %, 1891, S7725 81. A pOr-
tion OF This money was paid by checks drawn on
Calm, Nickelsbulg Co.. and TO one dated July
%. 1891, and the other dated July 25 1891
Both are lud0rsed by W. Ii. Ii. Hart and were
paid August 3, 1891,
The complaiuj OF W. H. H. Bart, fled in the
Superior Court Of san Francisco, states that the
total sum was received August 30, 1891. 1t
appears by the testimony that the sum OF
$.}StiZ 81 received ly slinp phaPE q
on August 3, 1891, ana That all OF 1t was paid at
least as early as August 80. 1891.
In the case OF the People versus Knight Ger
tihca;e or deposit on the Peoples Home Savings
Bank was delivered TO W. Ii. II. Hart for
S24O4 SO on october "a, 1892. The erilficate
was lnuOrsed by W h. ii. Hart and marked
paid November Il. 1892. he admits the re-
cent OF the money as Of dale ol October 20,
In the case of the People versus Banding a
stipulation is on file ted August l, 1891 stat
ing that a sum Of money had been paid By GER
tain defendants, but without specifying the sum
IL appears, however, from he testimony OF I. /.
Begiu that he delivered certificates 0i deposit
FOR Ills sum 10 w. Il. II. Hart IN July, 1891 and
we mud by calculation that this sum was
Tie balance, Sl12O. was paid to him Novem-
be! 70 by a certified check marked paid De-
deputies OF tie Attorney General and his stenog-
rapheT,'bu noUe OF them knew, except in II
general way, that this money had been paid, and
some OF them ala MOI know that u uad been paid
at all. None ofthem could give any Information
where II was kept There Is no sale IN the office
Of The Attorney General al either Sacramento or
San Francisco where the same could be kent.
But theie seems to be safe n the office for
mery occupied by him at 22O Mon gOmeTy
streeT, san francisco. now occupied by Now
lin & Fassett. To what extent Mr.. Hart
sun retains Tins ofiee is not clearly
shown The committee derived no assistance
whatever from Mt. Hart. Tile committee
made frequent attempts to secure his
testimony, tut lie declined 10 testify. lie
refused personally 10 give tile commit
office or where this money was kept, II IL
was Kept, hence the committee Is COnpel!ea to
draw such conclusions. as Ills retention Of this
money ioT an unreason able length OF time and
his failure To account for lis custody Justify.
Tie Claim is made by his counsel that lie was
In doubt as to whether lie money should be maid
10 the general fund or to the llarbor Commits
siOneGs' fuud, but both funds are Kept in the
state treasury aud the Controller determines
TO what fund moneys should be paid, End II he
has erred In Judgment bis error may be cor
Iected.
MI Hart made no attempt TO pay this money
INTO The Stale treasury until an Investigation
into his conduct had commenced. On May 3. .
1892, the Controller addressed him letter ask
ing what had been done IN relation 10 these
other suits ana containing This demAGd:
Il am advised that acting under This author
ity, you have compromised some Of these suits
aud are In receipt Of moneys Which should be
paid INTO Tie State treasury. As the present fiscal
year closes on June 30 proX., and Immediately
Thereafter i make up my biennial report / re-
specliully request that you make your settlement
with the Stale As soon as possible tn order that
these liens may sppear III proper place In my
forthcoming report"
In an answer dated June %, 1892 the Attor-
ney-Genrral stated that the matter mad been set
tied 10 one Of The defendants. probably settled
as 10 another, and nothing accomplished TO
another" He also stated that iL was claimed
that the money had been paid to W. A January
and stolen by MN; that 1t was also claimed that
portion Of The money had been paid over 10
The successors Oi defendants: that an investlga-
ton was being MADE of Tie HaTbur COmmissi ION
eTs' DOCKS ana ihe books OF The express COM
pauy tO determine whether these contentious
were true, ana that II true the defendants claIm
that there Is nothing due from them. lie closed
by sta. lug that lie Claimed that Ihe moneys when
paid should 90 into The general fund bur thar
the attorney for ths Harbor Commissioners
claimed that it would go into the Harbor Com
miSsioners' fund, land we nave agreed that as
soon as settlement Is made to submit The cues
non 10 the court, aud we hope II can be done
before long"
AT this Time however. be had, or should have
follows:
In People vs.. Phillips, s7725 SO, collected
July 70. 1891; aud People vs.. Banding
S66ol 56, collected at least as early as August
l, 1891. But he gave the Controller no infor-
nation as TO the receipt OF ibis money, other
than as stated, and made no effort to comply
WIN the demand OF the Controller to pay over
what he had collected. 1t will be seen thAL he
had retained for nearly a year the sum OF
S7725 50, In The suit of the People va Pbillins
which had been fully settled and the sum of
S66ol 56 in the case OF the People VS.. BlandInp
which had also been fully settled, In so far as Ii
ACldtNo " tHS ueIeuuduls paying mat sum.
The Controller made another demand February
g, 1898, and testified that lie did MOI know Of
speclhc amounts collected by the Attorney
General until he WAS served with papers In a
suit brought by Hart on February z, 1893.
IL also appears that there are no entries in
any other book, paper or document OF the Attor-
ney-Generars office showing the collection Of
this money or the amount collected.
ii lie lad died his successor would have had
no way oil knowing, so far as the record inIOrma-
ton IN the Office is concerned, where this money
was, or that any money had ever been collected
by him for the use OF the State.
AS Il VIII De seen by the dates at which certl-
ned checks and certificates OF deposits were paid
that they were not eashed at the time received
what necessity there was for cashing a certlfi-
cate OF deposit or certified check and placing II
In gold OF currency TO be carried IN the Attor-
II y-OenetaPs pockets or placed IN his safe does
not appear. III there was doubt as to where
the money should 60 why did he cash the certiH-
catesY why not preserve the certificates 10 be
delivered 10 The officers entitled to receive them.
Where The money has been during all lhe
Tine II should have been in the State treasury
your committee has been unable to learn it
paIy No Ina aufst.