The record-union., 1897-01-16
THE SCANDAL IN THE HOUSE.

1t has been asserted all along that the
responsibility for the extraordinary
number of temporary employees of the
Assembly attaches to the law giving the
Chief Clerk authority to name such aids
as he may deem necessary to the open
ing business of the Legislature and that
he, being hard pressed by claimants for
positions and pulled and hauled by poll
ticianS and members, simply named the
entire list of the last Legislature as a job
lot, filling such vacancies as had oc-
Cured
We have sought diligently for such
statute, but to this date have been un-
able to find it, or any law that even by
implication warrants the action taken.
It is understood that the researches
of members of the House in that direc-
ton have been equally futile. 1t would
seem, therefore, that those who have
held that the authority exists for the
action taken, having the affirmative Of
the question, ought to uncover the law
under which the procedure is justified.
The mistake has been made by press
including in the temporary list Of un-
necessary employees, those who are sta
tutory officers of the House, and by law
are required to attend at the opening of
a new session and serve until displaced.
The Political Code provides that THE
Secretary of the Senate and Clerk of the
Assembly, the Minute Clerks and Ser
geants- -at-ArIns of each house for any
session must at the next succeeding ses-
sion of the body perform the duties Of
their offices until their successors are
elected and qualified" A portion, there
fore, of the attaches on the temporary
list served by order Of statute and to
them for such service no possible ad
verse criticism applies.
The sum and substance of the whole
matter is this, that an abuse of dis
cretion has been practiced. to put it
most mildly; possibly under belief that
discretion was reposed; that this oc-
cured as the natural result of the unholy
scramble for place and the promises
made by prospective legislators and
their supporters during the campaign of
last fall. The outcome is a. practical loot
of the treasury for a good sized sum.
But we do not think that any crimi-
nality attaches for the appointment of
the extraordinary number of temporary
attaches of the House, for the unan
swera.ble reason that the mere fact of
appointment, Unauthorized, was a null
ity, valueless, impotent and as intang
ible as any unofficial act and incompe-
tent to pull a dollar out of the
treasury. But when that act was rati
fed and approved by the House 1t be-
came the act of the State and by that
act only was the treasury affected. Con-
sequently it absolutely exculpated the
original agency of appointment
All this is the logical outcome of
system that the Legislature has the
power to correct, and that for years 1t
has under the pressure of the political
machine stubbornly refused to act upon.
For instance, what earthly or celestial
reason can be given for taking the Cap
itol building out of the control OF the
lawful custodian, the Secretary of State,
the moment the houses assemble? Why
is he from that moment deemed incom-
petent to attend to the lighting, heating,
portering, policing and furnishing of the
building?
Let legislators who have brought their
consciences with them to Sacramento
ask themselves in business sobriety
and calm If the Secretary of State. who
cares for the building at all other times,
is a member of the Board of Capitol
Commissioners and subject to the
scrutiny of the State Board of Exam
fners, is not far better fitted to care
for the building and furnish 1t for the
needs of the Legislature than host
of strangers brought in from all parts.