The record-union., 1896-12-27
YOUNTVILLE SOLDIERS HOME.
Is II State Institution, or a Private
One?
Controller Colgan Takes Issue With
Secretary of State
Brown.

In a report recently filed with the
State Board of Examiners Secretary OF
state Brown held that the 4ountVille
Soldiers Home is not and never was a
state institution, and that under the
constitution all approp1ia tions hereto
lore paid for the purpose OF erecting
buildings or making other improve
nentS We're illegal.
1t SO happens that in 1887 the sum OF
10000 was appropriated for the erec-
tion of cottages and fitting out a water
supply system and that in 1893 S30,0UO
was appropriated for further improve
ments; that the Controller drew his
Warrants for these amounts. and that
both sums were paid over TO the insu-
tuition.
Controller Colgan therefore takes ex-
ception to the report of Secretary
Brown, and submits that the latter
would do well to look for authorities to
bear him out before he makes state
nHentS.
Il don't say said Controller Colgan,
speaking to a Record Union reporter
about the matter, that Secretary Brown
meant anything personal in his state
payment of such appropriations to be
illegal implies that the Controller has
been derelict in his duty in not making
proper examination into the law gov
e,ning the matter before drawing his
warrant and in paying the bill without
testing the validity of the law.
IF. as Secretary Brown says, the
Veterans Home at Yountville is a pri-
StnltA ir1C.t if,Iffi ION 11G
that the Constitution expressly forbids
that State moneys shall be expended
upon property owned by other than the
State. then the Controllers shoulders
are the ones to bear the blame
Now" continued Mr. Colgan, Sec
retary of State Brown is entirely wrong
throughout. Under the construction of
the statutes governing the case, the
Controller is obliged to draw his war
rant for such appropriations"
At this point Deputy Controller w.
w. Douglas produced the decisions un-
der which warrants for the disputed
$4,000 had been drawn.
In 1887 $4,000 was appropriated by
the Legislature for certain improve
ments, and Controller Dunn refused to
draw his warrant for the amount, hold
Ing IIlil lI WAS mol d state lIlSllluIlOll.
In 1889 the Legislature passed an Act
declaring the Yountville Home to be a
State institution. but still Controller
Dunn refused to draw his warrant He
demanded an opinion from Attorney
General Johnson. who held that the ap-
preparation should be paid, as the home
was under control of the State, and
therefore properly a State institution.
Under this opinion the Controller drew
his warrant. after the matter had been
approved by the Board of Examiners
In 1891" said Mr.. Douglas, "a SIM
liar case came to the Controllers office,
which Mr.. Colgan believed TO be uncon-
stitutional. The Legislature passed a
bill ap porOpria ting $500. 600 for the erec-
ton of buildings for a California ex-
hibit at the Worlds Fair. Controller
Colgan refused to draw his warrant for
the amount on the ground that the pub
lie moneys could not, under the Con-
stituti9n, be used for the erection Of
buildings on property outside the State
and on which the State had only a
limited or leased right.
The case was carried to the Supreme
Court and resulted in a decision against
the point raised by the Controller, and
the money was paid"
In 1853" said Mr. Colgan, "a bill
was passed appropriating $4,000 TO the
home for lmproV ements, and once again
I was not satisfied that it should be
paid. Attorney General w. II. II. Hart,
besides being a member of the State
Board of Examiners, was also one of
The directors of the Veterans Home,
and l was q little chary about taking
his opinion without getting others.
accordingly applied to Judge J. \. Bar
ham Of Santa Cruz County for an opin-
ion, and it was clear and explicit, the
matter being dealt with as follows:
The Constitution does not say that
the State shall own the land, nor that
the State shall not build upon the land
Of another, but that the State shall have
control Of the Institution.
Robert T. Devlin of Sacramento was
also asked for his opinion and gave it,
agreeing in every particular with Judge
Barham. These, in connection with the
opinion formerly given by Attorney
General Johnson, and with the implied
opinion of Attorney General w. II. II.
Hart, allowed Controller Colgan no way
out of the muddle except 20 draw his
warrant for the amount appropriated,