The herald., 1896-02-19
District Attorney DOnneIl Very
Slow TO Move
PEOPLES INTERESTS SUFFER
Over Sixteen Thousand Dollars That
Ought TO Be Recovered
II Was Illegally Paid Out by the Supervisors
to Msssrs. House, Hodgman, Van
Doren and rIatIock

There are several matters of interest to
the taxpayers of this county which tho
board of supervisors, with the able assist
steadfastly overlooking.
The reasons that might be advanced as
plausible for the reluctance Of Major Don
nell and the five supervisors in at least
making an endeavor to have returned to
tie public treasury E,oneys illegally OBJ
tanned therefrom will not be given now.
Frank House has S10,ll4.93 of the
money of the taxpayers OF this county
which the supreme court of this state says
the supervisors had no right to pay him.
T.. G.. Ilodgman, the present county re-
corder, L. j. Matlock and j. S. Van Doren
have between them S62I3.20 more.
All OF this money has been paid out
since January 1, 1892, and it has been
held by the courts that the expenditure was
illegal.
Everybody knows how Frank House got
his proportion OF the money.
On December 10, 1891, the attorney
general and state comptroller entered into
a contract. in writing (''so far as they were
authorized by law to make such contract },
with Il. Il. House to collect taxes due on
property sold the state since 1870, for
which House was to be paid and allowed to
receive certain fees and commissions for
his services.
December %, 1891, the board Of super
vsors of Los Angeles county authorized
such payment of fees and commissions
from the county treasury, ''provided su cii
payment and allowance can be legally
made"
AT,%I Ill.,
their share of the money as license tax col
lectors. Judge Van Dyke held that every
dollar paid the trio was an illegal eXpend-
ture, as the appointment "of license tax
collector for the county was without au-
thorlty on the part of the supervisors and
was void" Still these people clung to the
money, and they have it yet.
The grand jury recommended that the
county sue to recover it. The recommend
ation has been neglected and overlooked.
The supervisors evidently do not care to
bother about getting the peoples money
back, after at least some OF them have as
sisted in illegally distributing it,
The case of House is fiAgrant, and it &C es
to show how the rights of the taxpayers
are trampled under foot.
The supreme court, in October, 1894, de-
cided that Mr.. House was not entitled to
one single dollar of the $40, 1898 paid
him, on the ground that the supervisors had
An honest district attorney, tied in by
no rings, cliques or political combinations
began suit to recover that YlO,1 1l4.03 OF
| Mr.. House.
| The present district attorney, j. A. Don
| nell, dismissed the suit to recover, begun
on an act passed by the last Doodle legisla
| ture, which attempted to legalize the lille
! gal acts of the supervisors in paying oui
tho taxpayers money where they had no
! right to. 1t was retroactive legislation,
| patent back-action. and lawyers claim that
| it was clearly unconstitutional.
The grand jury, after thorough investi-
CATION of the matter, recommended that
suit be brought to test this act.
If the district attorney had had the in
terests of tue county at heart, he would
have done this in the first place, before
dismissing the suit to recover against
House.
Where were Assemblyman Bulla, Assem-
blyman Pepdleton and Assemblyman
Llewelly n when this retroactive legislation
was being put through to condone a job
that meant l6, ,i5S. ~ to the taxpayers of
this county? They were all three at Sacra-
mento to protect the public interests. but
they dli not protect in this case.
In the meantime the supervisors are lay
ing supneiy back and the statute of limi.
taions is running daily against this &c.,
45S.12.
An otler has been made by reputable
attorney to push the litigation necessary TO
recover some of the money. This offer, if
accepted, would not cost the county a
penny unless something was accomplished.
The proposition has been referred to the
district attorney, and there it wIil slunber.
Nobody ~ gong 10 do anything, that is
plain to be seen The four men have car.
lied the money OF, and they are going to
be permitted to keep it, right or wrong.
Gco1 Supervisor Field will pray three
| times day just the same, and his con-
science will be easy.
If. however, somebody were to suggest to
| hun that he introduce resolution direct
| ing the district attorney to take the neces.
| sary steps at once to recover the money
| illegally obtained by House, Hodgmap
! Ma lock and Van Doren, amounting to
| $l6,45S.12, he would become greatly an
| gerad.
| AS far as the district attorneys Office is
| concerned, there is no prospect, remote OF
otherwise, for any relief to be obtained
through that branch of the county govern
| ment
There are also other suits to recover
money illegally taken by county officials
past and present, that await the action OF
| the district torney. He has an opportu
nity to do something for the taxpayers il
! be feels so disposed.
l