The San Francisco call., 1897-02-10

or consent of the board required by the acts of
1893 and 1895, above cited.
Assembly bill No. 263, ii it received my
proval, would not amend or repeal these acts,
nor does it attemDG in words to do so, and
claims or indebtednesses attempted TO be con-
tracted in violation of them would not be pay
able out OF the propoS ed appropriation, nor
would future Indebtedness attempted to be
incurred be so payab until the requirements
o; the acts of 1893 and 1895 had been met. II
it is proposed to exempt the Superintendent
OF State Prin ting from the provIs ons of these
acts. 10 relieve him from his present legal OBJ
legation to obtain The written consent OF the
entire Board of Examiners before he shall in
cur deficiency, 10 relieve him from the per
sonal liability provided for in the act OF 1893,
and to attempt 10 validate the Indebtedness
incurred in viola ton OF these acts, then the
proposed act is subject to the fatal constitu-
tiopal objection 1that 1t embraces more than
zone subject, which subject shall be ex-
pressed in its title.
If it is to meet a deficiency in an appropris-
ton, II II is 10 serve as a relief bill for the
Superintendent of State Printing, and il 1t
attempts 10 validate indebtedness which the
law states shall be invalid, 1t unquestionably
relates to more than one subject to which
proper expression is not given and which is
not wise legislation. If my contention is true,
and the proposed act is intended To effect Il
deficiency appropriation 1t Will fail to accom-
p.iSh its purpose of paying Deficiencies already
incurred, or which Will be incurred, until the
provisions of existing laws relating 10 de-
ticiencies are compiled with by the officer at
whose instance il was passed. If it is not in
the acts OF 1898 and 1895, or If ii is intend ed
10 exempt the Superintendent OF ate Print
ing and the Indebtedness contracted by him
from The provisions OF these acts, this can only
be accomplished by their amendment or re-
peal, which is not effected or attempted. In
either case the funds attempted TO be appro-
priated by this bill would not be available for
the purpose intended.
This is not a merely technical objection, but
goes to the very integrity of our financial safe
guards. If the Supe rim tendent OF State Print
ing shall be exempted from the operation of
laws which experience has evolved and which
have proven wise and economic, who shall be
bodnd by them? Why discriminate betwee n
the different departments OF the State Govern
ment?
But object to this bill on other than legal
grounds. Two years ago an effort was made to
pay off all existing indebtedness and to place
our institutions and affairs upon a cash basis.
l thought at that time that the annual appro-
cient for the support OF the State Printing
Office for the next two fiscal years. l was
aware OF the practice OF superintendeuts to D.
ply for deficiencies during legislative years,
when 1t was almost impossible to refuse them
when they have exhausted their appropria-
ton, and I sent for the Superintendent of Stale
Printing, and upon his ersonal assurance
that ne wou operate his office within the
proposed appropriation, that he would reither
allow nor create deficiency, and with the
understanding that l would not approve one,
l made no objection 10 the allowance of $3.50, =
600 for the support of his Office and gave
it my reluctant approval, it beng only the
second time when such a sum had been al owed
for the support of that Institution.
Early in the forty-seventh fiscal year l be-
came impressed with the idea that extrav-
agance existed in the management and con-
duct OF the State Printing Office, which 1t was
my duty 10 eGdehvor to reduce or prevent.
The law explicitly requires the Superintendent
OF State Printing to purchase only paper by
contract, leaving large number OF articles
and supplies 10 be purchased by him as he
may see fit. comparison OF TIE prices he
was paying ior such articles and supplies with
the prices paid by other departments of the
State which we're purchased under con tract,
and also with his different prices TO different
dealers showed that he was paying in many
instances a considerably higher price than WAS
paid by the persons purchasing by contract
February 20, 1895, the State Board of Exam
liners unanimously authorized me to appoint
a prin ting expert undersection 679 of the Po-
Htical Code, the Attorney-General. Secre tary
OF State and the Governor being present. and
in the July following, learning that the force
OF the printing office bad been largely i'll
creased, l appoinl ed Fred A Severy as such
expert. The salary of this flee was but $50
per month, its duties then dou btful and Mr..
Severy resigned as expert and accepted posi-
sion under Mr.. Johnston. The increase con-
tinue1 until the payroll for the last two weeks
OF october amounted to about $4,000 as
against less than $4,000 for the highest payroll
of the June preceding. Immediately after the
city election of 1895 it decrl ased rapidly, the
mum Der OF employees being reduced from 80
on the last payroll In October to II on the
first payroll in December. After this date the
roll increased gradually until just prior To the
end of the forty-sevenIh fiscal year.
In July, 1896, the State Board OF Examiners,
on the usual affidavit, allowed payroll, COW
ering July l 10 July IS, and learning later
that during a portion of that time the State
Printing Office had been closed, and that the
employees had performed no service. at the
meeting of the board held July %, 1896, Mr.
Markedly and the Governor being present,
we considered The matter, and following the
resolution OF February 26.. 1895, c. NJ Harri-
son was elected as a printing expert. At
tached TO the claim which the Superintendent
of State Printing presented for the dates from
July to July Is, was statement that 1.-The
items constituting the claims herein were in
CURED in the manner and on the dates as
above shown, and that the services herein
mentioned were actually rendered" This
statement was signed and sworn to.
At the next meeting of the board the Super
intendent OF State Printing, on invitation ap-
peared before the hoard and admitted tn e
closing of the State Printing Office for abo ut
twelve days during the time between july l.
and 18, and gave as his reason for the prese H.
tation OF claim Tor services which had not
been rendered, that an equal amount of ser
vice had been performed by the persons on the
roll during the legis ,atiye session OF 1895, in
working overtime, for which they had not
been paid. The payrolls OF 1895, being pro-
duced, showed that some OF the persons whose
names appeared upon this roll had already
been paid for overtime 1895, and that one
OF them was not on the payroll during the
said Legislative session. In explanation of this
latter circumS ance, the Superintendent said,
in effect, that those persons would have 10
work it out in overtime during the coming
Legisl ature. At the same NEE ting, but at a
later hour, Mr.. Johnston offered further eX-
PLANTATION, saying that the claim was put in to
cover the time OF vacation which it the
practice TO allow his regular employees, al
though all of the persons whose name ap-
peared upon the objected-to roll were en-
ployed by the day.
Before the selection of Mr.. Harrison as print
ing expert, the Attorney-Generai had given
his written opinion to the Controller in
Seavery's case, that such appointment was
legal. Immediately upon his appoin ment the
question was raised as 10 his powers and duties,
aud communicated with the Attorney
General, saying, among other things, the
following:
al am unwilling in the future to pass on the
claims of the State Printer until they have
investigation to their correctness, or
evidence be taken independent of the ordinary
affidavit OuI Secretary, not being a printer
cannot examine these matters properly. Ii
views as TO the experts duties. but have re-
ce1ved no answer thereto. If, in your judg.
ment his duties have been abolished, l will
accept the situation; but, unless we have the
rlght TO appoint an expert both should urge
the next Legislature To provide for one"
On August 19, at a meeting of the State Boar d
OF Examiners, Mr.. Harr son appeared before IL
and requested permission to examine the paw
roll of the State Printing Office; the permission
was denied and he made 10 further effort to
perform the duties of printing expert
Since that time the members of the Board OF
Examiners other than myself have approved
the claims or payrolls of the superintendent OF
State Printing. Not having technical knowl.
edge of the details of such an institution, and
being convinced that unnecessary extrava-
gance existed in the management of certain
Departments of the Office, have been unwill-
ing 10 assume the responsibility of sanction
ing the same.
The Attorney-General and the Secretary of
Stale have always been willing 10 join in a
personal examination