The herald., 1895-12-15
A Characteristic Feature of the
District Attorneys Office?
ILLEGAL CLAIMS APPROVED
Are Endorsed as Legal aud Paid on That
Recommendation
The Connty's Chief Legal Authority Is Slow
About Taking Steps to Recover r1oney
Illegally Paid Out

There have been comments, numerous
and sundry, as to the methods that have
been adopted for the conduct of the dis
trict attorneys office. great many peo-
pie have had their faith in the efficiency of
this office and its present head severely
shaken by the course of events during the
past year. No one disputes the fact that
Major Donnell is a gentleman of the most
charming personality, but as the county's
chief law officer and as the legal adviser of
every officer of the county government
considerable fault is found with him.
In the first place, in endorsing numerous
charges and claims against the county the
district attorneys office always has APP.
proved them as legal when as a matter of
fact they we're not legal and had no au-
thori cation in law whatsoever. 1t is only
necessary to refer to the illegal charges put
| in by the coroner to prove this assertion.
The coroner has, of course, been indicted,
but his defense is that the district attorney
| told him that his charges were all right.
As a matter Of fact they were not all right,
but were simply a dead steal. justified
neither by law nor equity. The district at
| torney admits his, but points to the fact
| that the predecessor of the present coroner
drew the same illegal fees. This is his de-
| Tense.
| Now having admitted that these fees
were illegally drawn why does Major
Donnell take no steps to recover the money
| and have it restored to the public treasury.
| The perjury prosecutions of DIR. Campbell
are going to fall fiat. Then probably the
matter will be dropped. But the perjury
| indictments are no bar to the commence
ment of civil suit against the coroner to
recover the money he has taken that is not
| his.
The demands that the coroner's stenog-
rapher had been putting in which were
| over $3.50 per month and which were
| clearly illegal, had been regularly ap-
proved by the district attorney. The law
| was explicit on that point yet the district
| attorneys office overlooked the financial
| loss of the county. 1t was not until the
auditor refused to issue q warrant for an
| illegal demand that the district attorney
ceased approving these claims and over
| charges.
The drawing of weak indictments that
have been found by the grand jury have
had the effect of discredi'ing the work of
this body and making it appear ridiculous
in the eyes of the general public. This
seems to be a result, 80 some people think,
that the district attorneys Office has
| endeavored to bring about.
tits the district attorneys duty to COM
mence a suit to recover the peoples mon
eys Illegally paid to Frank House and E. c.
Hodgeman. He will say, perhaps, that
the legislature has by law legalIzed those
expenditures. This Is true. Such a con-
temptible job was put through at the last
session. But it so happens that retro
active legislation is unconstitutional. No
legislature can Iegalize plundering of the
| public treasury that has been committed in
violation of the laws that existed at the
| the legislative job. suit against Hodge,
man and House would hold. 1t is the dis
| trict attorneys duty to institute suits to
recover. He has dismissed one that was
on against them. He will, however, let the
matter go by default and stand on prece-
| dent in SO doing.
The proper attention has not been given
! by the district attorneys Office to claims
Submitted to the supervisors for payment.
Their leg Atty has not always been clearly
shown, and every dollar that is paid out
must have the district attorneys approval.
If he says the claim is illegal. it is not
paid. He could stand as mighty barrier
against the leeches, but he does not.
In this connec ion a good story is re-
lated. Wong Chez, admittedly the smooth
est Monaghan in Southern California, got
himself all tied up in Chinatown murder
the meshes that held him there by the free
Use of coin and the services of the best
criminal lawyers in Southern California.
But there still rested a prosecution against
him and Wong wanted it out of the way.
One fine day a certain lawyer visited Wong
and said that he was very close to the dis
trict attorneys office and he thought that
for the sum of $500 he could get that COM
plant dismissed with the consent of the
public prosecutor.
So the deal was arranged. Wong
agreed to put up 5000 If the complaint
was knocked out. The case was dismissed.
Later the lawyer turned up and wanted
Wonn IN vtald hia Sonn Wnnr NJ
a wise look and said he knew nothing
alb nut any $500. The lawyer nearly faint
ed at Wong gall. He tried to recall to
Wong's brain the terms of the agreement.
The Chinese mind was blank on the SUBJ
iect. He had never heard of it before.
But Wong said If bis attorney said the ex-
pendi ure was all right and one that he
owed, he would pay it. OF course the
lawyer had no desire to submit his claim
for $500 to Wong's attorney, and the re-
suit was that the money was never paid.
Wong had accomplished the end he
sought and there was no necessity for him
to yield up.
The district attorney has it in his power
to materially aid the grand jurors in the
performance of their duty by suggestions
and advice. omplaint has been made
that Major Donnell is not doing this. The
assertion has also been made that he adj
vised the grand jury that it is not their
province to investigate city hall rottenness.
Strictly speaking the law does not COM
mand the grand jurors to do so. but they
are by statute authorized to make the in
vestigation if they see fit. Certain it is hat
the ST, Get superintendent's Office needs a
thorough overhaullng, and it is Major Dom
nell's duty to SO advise the grand jury.
That body has adjourned until Wednesday
next. If the major will take a few steps to
protect the county's Interests i'm the numer-
GUS matters now pending where he has an
opportunity his praises should be sounded
by gong, cymbals and base drum. At pres
ent the inactivity of his office is mastery.