The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-02-17
T0RNEY-GENERAL HART.
HEARING OF HIS SUIT BEFORl
JUDGE LEVY.
The Court Orders the Money to b,
Paid to tie Harbor Improve
ment Fund.
Special to the REcoRD-UN1oN.

|
SAN Francisco, Feb. 16.-Judge Levy
to-day began the hearing of the suit OF
Attorney General w. II. II. Hart to set
tie to whom he should pay the Sl8,O0O col
lected by him two years ago from former
Board of Harbor Commissioners in par
tial payment of money stolen by John S.
Gray. When the case was called, Hart
made the following statement:
| 81 only wish a fair and impartial trial.
! AS an officer of this State. l stand on equal
terms with any other constitutional Off
Ger, and for that reason 1 have the right
to use my own discretion in regard to
matters coming up for my action. This
money that 1 collected / have kept lock ed
up in my safe, have never used a cent
of it for any purpose. 1 have never
drawn cent of interest on it. On the
advice of my counsel, General w. II. l..
Barnes, short time ago I deposited it in
my own name at the Nevada Bank. The
exact amount was S17,S47 70. That was
one cent more than 1 actually collected.
| The number of the certificate of deposit
is $50. Now l fear no Investigation, and
l will be satisfied with whatever the
court decides"
Hart ceased speaking, and Attorney
Bolton of Santa Rosa, counsel for the
State, said to the court that it was not his
intention to accuse the ACKNOWLEDGEMENT
of wrong doing. He simply held that
Hart had made an error in judgment. He
should not have dismissed the suit unless
S23. 900, the amount sued for, had been
paid him.
General Hart said he had taken the
office of Attorney General after twenty
three years practice. He courted full
| investigation, judicially or otherwise, as
there was nothing in his official life
which he wished to conceal, He was
! fully assured that under the law he had
ample power to compromise or dismiss
the suits against Gray's bondsmen Feel
ing that he had acted in every respect
! legally, he was anxious now to turn the
money over to the State.
A large amount of testimony was taken
as to the actual shortage in Gray's ac-
count and as to the amount of money
paid to Hart.
I General Barnes, counsel for Hart, con-
tended that the only issue before the
court in the present proceedings was as
to the custody of the money now held by
General Hart. If Hart should pay the
money into the general fund of the State
without an order of court he might be
sued by the Harbor Commission. If on
the other hand the money was paid to the
| Harbor Commission the State Controller
might sue Hart. The constitutionality
of the law whereby Hart compromised OF
collected from Gray's bondsmen was not
involved in the present action.
Judge Levy took the same view of the
case and heard argument as to the one
issue. He directed, however, that the
money should be deposited with the court
before argument begun. General Barnes
thereupon handed to the clerk the GER
tificate of deposit in the Nevada Bank OF
7.S47 by Attorney General Hart. Judge
Levy said that if the legislative commit
tee on Monday next desires to see the
certificate clerk can go to Sacramento
with it.
! The certificate is dated February ii,
1898.
Judge Levy, after hearing argument,
decided that the money must be paid to
the harbor Improvement fund.