The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-12-03
TUESDAY. DECEMBER ;, 1898
GRAND JURORS SHOULD READ THE
HERALD


HERALD
If the grand jurors are having any diff
Guilty in finding where the county money
has zone they will do well to read The
Herald. Here is one littls matter for
them TO Investigate. During the years
1892, 1898 and 1884, the sum OF 81, 553.93
was illegally paid out of the county treas
ury to X. +. House. Not a cent OF it has
been repaid to the county. In December,
1884, the board of supervisors made con-
tract with II. f. House for the collection
OF the delinquent taxes, where the prop
erty had been sold to the state, and agreed
to pay him commission of - per cent
on all he collected or caused to be paid
into the treasury. and also to allow him
So for each notice served by him on
parties so delinquent. 1t may appear to
readers of Sundays Herald that with
license tax collector and an ordinary
every day tax collector, each allowed
whatever deputies were considered necrs
sary. enough money might have been col
lected TO worry along on, but not so.
House is d tirst.rate fellow anu was ont
of Job, and what do we elect supervisors
for if not to take Gaze of the boys? House
entered upon tho discharge of his du-
ties CD and III the thres years above
mentioned, according 10 the reports of
the county auditor received 50, $685..
In 1893 II. c. Dillon, then district at
torney, looked into the status of House,
and came TO the conclusion that there
was no warrant of law for the House con-
tract with the supervisors and refused to
allow any more OF his claims.
House then commenced suit to recover
on four of his unpaid pills, with the re-
suit thaC in september 1894. the supreme
court rendered its decision holding that
the House contract was made without
auth GRITTY OF law and was wholly void.
Dillon then commenced suit against
House to recover what House had Ille
gally received from the county thereto
fore and summons was served on House
December IS, 1894, and on Doesn't Der IS
House got an order of court allowing
him ten days additional time in which to
plead. This carried him until January Z,
1895, when the present district attorney
went into office, and apparently his first
otficia, act was to give House about the
most unprecedented extension of time on
the court house records. The district at
torney stipulated that House might have
until March !, lS95, in bich to plead. Did
the district attorney know what the
scheme was to defeat Justice? We shall
see. A few days later House foil owed the
example set by his friend liodgman and
described in Sundays Herald. and hed
him to the legislature. District Attorney
Donnell also found that the interests
of the county required his presence ut
Sacram ento, and that he admirably sue
ceedcd is shown by the following enact
ment of the last leg sature:
Section /. That all Sums heretofore
paid by the state TO any person for com
pensation or commission to persons for
collecting delinquent state and county
taxes in pursuance of an agreement by
such persons with the state controller
and attorncy-general for such collections
and all sums heretofore paid ny any
board of supervisors out OF the county
treasury as compensation OF comm ission
for collecting such delinquent taxes IN
pursuance OF an agreement by such per
sons with such boards of supervisors, are
hereby approved ana legallzed. - Statutes
OF 1888, page g..
As the JOB was not quite finished on
March LIST. the district attorney kindly
extended Houses time to plead in the
pending suit until May LIST, ana when the
legislature had got III its work the dis
trict attorney very kindly dismissed the
action pending in the superior court to
recover the illegally obtained plumber
the dismissal being made with in twenty
days after the approval OF the act of the
gislature and doubtless the act had got
into public print.
But the cJunty's adviser probably
tuition cited in Sundays Herald, which
provides that the legislature shall have
no power Ito pay ur authorize the pay
ment hereafter created against any
county under any groement or contract
made without express authority OF law,
and all such unauthorized agreements or
contracts shall he null and void. - Cali
fornla Constitution, Article w., Section
32.) Nor did liz probably ever read Sec
tion % OF the same article, which pro-
vides that the legislature shall pass no
special law legallzing the unauthorized
or invalid act OF any officer. Ii he had,
1t is presumed he would not have DIS
missed The action against House.
In fact. il would appear very strange to
an ordinary man not versod in constitu-
.ional law il the legislature could relieve
man OF the necessity of returning tn
money he had illegally obtained from
the county. The facts OF the House con-
tract were all gone over AT the time ex-
District Attorney Dillon commenced war
on ii, and it was universally condemned.
and it will certainly be n surprise to
many TO know how Justice WAS defeat ed.
Will the grand jury do ITS duty in this
matter and call upon the district attorney
to bring suit to recover this money?
We would also like to know what he Los
Angeles delegation TO the last Legislature