The herald., 1896-02-12
II HIS GONE 70 SLEEP
A Proposition to Recover the
Peoples Money
SUPERVISORS BURIED IT
II Was Sent tc the District Attorney for
His Report
Proposition OF Attorney M. w. Conx.ing to
Try to Get Public Coin Alleged to Have
Been Illegally Drawn

The grand jury, after carefully consider
ing the matter and thoroughly investigat-
ing it in all of its phases, decided that H.
+. House and +. G. Hodgeman between
them had somewhere about$ 16 900 which,
in the opinion of the grand jury, the said
House and the said Hodgeman had OBJ
tanned from the county treasury upon de-
mands that were illegal. Therefore, in the
opinion of the grand jury, the proper thing
to do was to proceed to make an endeavor
to get this money back, or at least por-
tion of it.
The grand jury accordingly recon-
mended that the supervisors employ, Oh
contingent fee, counsel to assist in forcing
the said House and the said hodgeman to
make restitution of the money that it is
claimed was illegally given to them out of
the public treasury.
The supervsors-a body comprising five
members-did not arise as one man and
accept the suggestion of the grand jury.
In fact, the five good men, or at least
three of them, resented tho proposition.
They ridiculed the idea, and, although the
grand jury made the suggestion, in question
in report submitted Oh the oath day of
January, the matter was in a fair way to
sleep, for be it known that the pull of the
said House and the pull of the said Hodge
dominant party. They control delegates
in conventions and in goodly numbers.
Anyway, short time ago eX-Deputy
District Attorney NJ. w. Conkling sub
mitted a written proposition to the board
whereby he agreed to undertake the legal
steps necessary to ascertain whether or not
the money drawn by the said House and
the said Hodgeman could be recovered.
Mr.. Conklng agreed TO give his service on
contingent fee. He agreed to take 80
per cent of the first $4,000 recovered and
10 per cent of the amount for which judg-
ment was obtained i'll excess OF the first
$1,000. The provision was further eX-
pressly made in Mr.. Conkling's proposition
that not one penny should be paid him
unless something was recovered.
This proposition of Mr.. Conkling's was
duly submitted to the board of supervisors
in riIing, and the substance OF the propo.
sal appears upon the minutes of the board.
Now Mr.. Conkling was a deputy under
H. G. Dillon. district attorney from 1898
to 1895. Mr.. Dillon and Mr., Conkling in
stituted suits to recover some of this money
obtained by tho said House and the said
Hodgeman. Mr.. Conkling 10 fully con-
versant with the facts surrounding the
matter and every feature of the transac.
tions involving the securing OF this $ i 6 !.
600.
The present district attorney dismissed
the suits begun by Mr.. Dillon and Mr.
last session of the legislature legalizing the
acts of the officials who permitted the sale
House and the said Hodgeman to take the
money out of the public till.
This is what is termed peculiar legisla
ton. 1t was retroactive. 1t went back
ward, in its effect, and its purport was tha
between 1890 and 1898 it was not Lawful
for tho said House and the said Hodgemal
to take the money they did, "but we, tn,
legislature OF 1895. hereby legalze wha
was illegal at the time of it's occurrence.
The contention now is that this paten
back-action enactment of the legislature o
1895 is unconstitutional, and that there
fore suit against the said House and the
said Hodgeman would still hold.
Anyway, when Mr.. Conkling's proposi
ton reached the supervisors they did no
know what to Go with it. 1t was to then
like unto q redhot poker. They did no
wish to touch it. None of ''the boys wan
to bother the said House or the said Hodge
man, in Difference to the pull which the.
possess, and which has been heretofore re
ferred to.
But the supervisors had to act, and the,
did act. They sent Mr.. Conkling's straigh
business proposition to grave whence
will never be resurrected. 1t has gone t
sleep in the district attorneys office, ant
there it will remain peaceful and undis
turbed, insofar as the court house ring ha
the power to keep 1T there.
Chief Deputy District Attorney Holto
said Yesterday:
"Why, we can't notice that proposition
of Mr.. Conkling's. The district attorney
through his office, conducts all litigation
for tho county, and the supervisors hav
no authority to hire anyone to bring la,
suits for the county. They may hire cour
. sci TO help the district attorney, but the
cannot bring suits except through ou
ofIice.''
1t was suggested to Mr.. Holton that tn
taxpayers did not care who brought tn
suit or through. what office it was instituted
All they were interested in was in gettin
back any money the said House and th
said Hodgeman had taken from the publi
till that they were not legally entitled to
10 this Mr.. Holton replied:
II suppose at the proper time we viii
bring suit. just when do not know"
''At the proper time'' Gabriel will bio,
his trumpet and the mighty hosts vii
assemble.