The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-27
cOLeAK ANSWERS BROWN.
alton Legai-The Secre-.
f1ry REPLIES.

SACRAMENTO. CAL, Dec. 26.-State
Controller e. P. Colgan has taken issue
with that portion of Secretary of State
Lewis N. Browns report on the Yount-
vile Soldiers Home a synopsis of which
was printed in Wednesdays CALL. Brown
stated that $50, 900 had been unlawfulIy
appropriated and paid from the State
funds for Improvements on this institu-
ton during the past few years. Colgan
deems this a reflection on his method of
conducting his office, in that it infers a
laxity in obtaining proper legal advice be-
fore honoring claims presented to him. In
speaking of the subject Deputy Controller
Will Douglas said to-day:
I'm 1887 the Legislature appropriated
$4,000 for the use of the Soldiers Home
to make needed repairs and erect an ad-
ditional cottage, but when the demand
was presented to Controller Dunn. he re-
fused TO issue the warrant and raised the
same objection presented by Secretary
Brown-that it was contrary to section
% Article " of the Constitution. In 1889
the Legislature passed an act declaring
the Soldiers Home a State institution
and giving the Governor power to appoint
directors. This was done in order to OBJ
tain the former appropriation Of $40, 900
and also the Congressional appropriation
which had been granted with the distinct
understanding that the institution must
Attorney General Johnson rendered an
opinion to the secretary OF the Veterans
Home Association, in which he held that
by reason of the act of 1889 the Home was
q State institution; that III consequence
the appropriation of $4,000 was available
"In 1885," conti1 ueu Mr.. Douglas, 1.-THE
Legislature appropriated $4,000 to the
improvements, butt: before Mr.. Colgan
would draw the warrant he obtained the
legal opinion Of Judge J. A. Barham of
Santa Rosa, R. T. Devlin of Sacramento
and the verbal opinion of Attorney Gen.
eral Hart. General Hart, being at the time
director of the home, was not asked for
written opinion. All concurred in de-
claring that the home was State insti-
tuition under the then existing act of the
Legislature.
I'm 1891, in the case OF Daggett VS..
Colgan, involving an appropriation of
$500, 900 for the Colum bian Exposition ex-
hibit, the Supreme Court decided the ap-
preparation TO be valid, on the grounds
that it was not necessary for the State to
own the ground on which to erect build
ings. as long as the latter were controlled
granted aud Mr.. Colgan claims that,
having obtained what legal authority was
available on the subject. he was fully
justified in granting the warrant"
Mr.. Colgan fully concurred with Mr..
Douglas statement. Secretary of State
Brown said regarding the matter:
I'm my Judgment the decision of the
Supreme Court is by no means parallel
case. The cottages at Yountville home
were not erected under State control, nor
was the law of the State complied with.
1t specifically provides that the full and
accurate plans. showing all detail Of the
work to be performed in constructing or
improving any State building, when they
exceed the sum Of $4,000, with full specifi-
cations, bills of material and estimates of
the cost thereof, shall be submitted to the
Governor, State Treasurer and Secretary
of State for their approval, and if so APP
proved copy shall be safely kept in the
Controllers Office. The plans shall then
be advertised for four weeks and sealed
proposals submitted
".fhis was never done, nor have the bills
of the institution ever been audited by
the Board of Examiners. In fact the
home Is corporation and the directors
are appointed by the Veterans Associa-
ton. To a certain extent the Governor
has control over them and can remove
them for cause. but for cause only. These
directors do not admit that the home is a