The record-union., 1896-12-27

which he did after it had been audited
by the State Board of Examiners.
"A parallel case and one which, it was
claimed, was even stronger than that OF
the Veterans Home appropriation, was
that of the bill appropriating S1O,OUu
for improvements at the Evergreen
Home for Soldiers Widows and Or
phans at Evergreen, Santa Clara Coun>
ty. Controller Dunn drew his warrant
for the amount only after having re-
ceived an emphatic opinion from AT
torney-General Johnson, contending
that the appropriation was valid and
must be paid
1t was contended both by Controller
Colgan and Deputy Douglas that the
matter of the appropriation for the
hensible than that for the Yoountville
Home, as there was no question what
ever but what it was strictly private
affair conducted by the Woman s Re-
lief Corps, and entirely under its super
vision The Yountvile Home, to the
contrary, was under State control, as
was shown by the fact that the Gov
ernor was empowered to appoint d1-
Iectors or trustees of the institution,
While he had nothing whatever TO 40
with the Evergreen Home.
The foregoing is, in brief, Controller
Colgan's defense against the alleged
implied statements made by Secretary
of State Brown in his report on the pc
tition of Mr.. Thomas, preferring
charges against the mana cement of the
Yountville Veterans Home.
BROWN STANDS PAT.
Secretary of State Brown was also
seen by a Record L nion'' reporter. He
said he meant no reflection on the Con-
roller or anyone else, and that he had
prepared his report without stopping to
think where the lightning would strike.
He, however, stood by his statement
that the appropriation was Illegal and
Should not have been paid, but did not
contend that the fault lay entirely with
the Controller.
Mr.. Brown said he spoke advisedly in
the matter, as Governor Budd, Attor-
ney- General Fitzgerald (or his repre-
sentative) and a number of the Code
Commissioners had given it as their
opinion that the appropriation was not
legal. He did not pretend to know
what had been done in the past, or what
decisions or opinions had been rendered,
but speaking of the present time he
was satisfied the amount should not
have been paid.
Mr. Brown smiled at the idea Of the
Yountville Home being a State institu-
/ bo na hlH
broached the proposition to it's Board of
Directors to deed the property to the
State, and thereby avoid all trouble,
they said to him: Does the State ex-
pect something for nOthing?"
Concerning the appointing power
vested in the Governor, Secretary
Brown said it was moOnshine, and was
allowed TO give a shadow of right to
State aid for improvements. AS a mat
ter of fact, the Governor had no power
except to fill vacancies and all removals
must be for cause. Cause" said Mr..
Brown, means a lawsuit, and good
can be made
1t would be just as reasonable, $ecre-
tary Brown contended, to say that the
Yountville Home was a Federal as a
State institution. The Federal Govern
ment gives nearly as much to it as the
! State.
State Librarian Matthews, continued
Mr.. Brown, was Chairman of the Ways
and Means Committee of the Assembly
when the bill making the appropriation
was passed, and can give something in
teresing about it.
And so Secretary of State Brown
stands by his report and contends that
he was right, though he admits that
neither himself nor COigan is infallible.
DR. Matthews was seen accordingly
and explained that he had favored the
bin making an Appropriation for main
! tenance and support of the institution,
| but that he had opposed the one max
| ing the $4,000 appropriation for i'm
| provements, on the ground that it was
unconstitutional to erect buildings upon
| property not under control of the State.
| Subsequently, however, he had favored
/ the bill. as there seemed to be great
pressure brought to bear. While he
! considered it Illegal he contended that
! Controller Colgan could do nothing but
pay. and that he was in no way respon-
! sibe.
A FURTHER STATEMENT.
! Subsequently, and after reading the
/ re port in the Bee" last evening. See
rotary Of State Brown made the follow
! ing statement for publication:
The report of the Veterans Home
! Association ending June 30. 1896, fol
ore year, shows an expenditure for con
struction of S35,3S5 0S Like expend
! itureS have been made to the amount.
| believe, OF more than $500, 600. | have
no objection to the improvements made
at the home. and my report will show
no criticism of its management, but cite
| the report as prima facie evidence thai
! TIE association does not consider tht
| home the property Of the State, nor the
| buildings thereon, because, under tht
statutes of 1SI5-G (pages 421-433), ehti-
| tied IAN Act to regulate contracts OF
| behalf of the State in relation TO erec-
tions and buildings for all i'm
provements in excess Of $4,000, plans
representations. bills of materials and
specifications of work and estimates oi