The San Francisco call., 1896-09-22
TO GUST KERN'S
LEGAL ADVISOR
Grand Jury Files Charges
Against the District
Attorney.
DEMANDS HIS REMOVAL
Alvin Fay Accused of Having
Retained Money Due the
County.
TOOK FEES WHILE ON SALARY
Drew From the State Treasury $67o
for Prosecuting Foreclosure
Suits.
TOOK FEES WHILE ON SALARY

BAKERSFIELD, CAL, Sept. 21.-The
Grand Jury now in session has flied an
accusation against Alvin Fay, District At
torney of Kern County, to have him re-
moved from Office. The proceedings are
based upon the charge that he collected
$670 from the State of California for fore
closing the interests of delinquent pur
chases of State school lands. After re-
citing the facts of bringing the sixty-seven
school land suits, the accusation states
that Fay presented claim for costs in the
sum OF S4053 04 to Controller Colgan, and
1t was allowed by the State Examiners
and paid by the State Treasurer. The
claim included an allowance of $40 attor-
ney's fees for each suit, amounting to $670.
The accusation declares:
That said Alvin Fay, while acting in his
official capacity as District Attorney of Kern
County, in which capacity he prosecuted said
actions and received payment OF said sum of
money as aforesaid, is not now ana was not at
any time or at all entitled 10 receive for his
own use or benefit the said sum of $670 so
collected by him, or any part or portion
thereof; but that said sum, and the whole
thereof, Injured to said Kern County, and said
county was and is entitled to said sum of
money, and the whole thereof, and it became
and was the duty of said Alvin Fay TO collect
the said sum of $670 from the State of Cali
of Kern County. for the use and benefit OF
said county; but, disregarding his said duty,
and having the said sum of $670 in
his possession and control, as aforesaid
by virtue OF his said trust, he, the said
Alvin Fay, did, on the Goth day of
May, 1896, wlllfully and fraudulently and
eorrupuy ana contrary 10 the due and lawful
execution of his said trust appropriate the
said sum of $670, and the whole thereof, to his
own use, knowing the same 10 be wrong, and
with willful and fraudulent and corrupt in
tent to convert the same to his own use,
thereby TO defrAud said county contrary to the
force and effect OF the statute in such cases
made and provided, and against the peace and
dignity OF the people OF the State of California.
Wherefore plaintiff and said Grand jury
pray that said defendant. Alvin Fay, be auly
cited to appear before the honorable court,
and that upon due hearing hereof said Alvin
Fay be removed from his aid office as District
Attorney Of Kern County, State OF California.
The District Attorneys of counties OF
the class of Kern are paid $1,000 for all
services required of them by law. The
purchasers OF State school lands In the
res pective counties is duty i'm posed By
law npon District Attorneys where so di-
rected by the StaIe. Mr.. Fay has served
one or two terms of Office before as Dis
trict Attorney, and it was his custom tc
retain all such money for his own use
During that time the District Attorney
was allowed to retain certain fees, bu
now under the present county govern
ment act he is paid salary.
Mr.. Fay was in Los Angeles when the
ACCUSE ton was filed and has not yet re
turned. What his defense will be canno
be foretold. 1t is said that he maintain
that he is legally entitled TO retain sucl
money. The demand for Fay's remova
Is said to have emanated directly from tht
Office of the Attorney General.