The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-03-16

| pears, and these letters are printed in
the Assembly journal of February 9th
| last
l stated that his recent official report
to me, dated September 10, 1896, shows
that for the fiscal year ending June so,
| 1896, he had expended of the appropria-
ton for the support of his office S146.-
0OO %, or more than one-half of his ap
preparation, and in addition had used
stock on hand to the value of S12,OS0 30
making the total expenditure for the
year $15S, OS6 30, and that he claimed
| to have done less than 500 900 worth of
work. Mr.. Johnston's own report of
| that date is before you, and on its face
bears indisputable evidence of the truth
Of this statement. This is more evil
dence supporting my charges.
| I am informed that when Mr.. John
ston was before your committee, and
was asked to explain this great dis
crepancy. he testified under oath that
his report to the Governor was not cor
rect IN its statement of the amount of
money used for the work and materials
of the forty-seventh fiscal year.
l further understand that Mr.. John
ston testified that he had expended of
| ZIG dppI ldllOu lldUc lOI Tic lCl "
seventh and forty-eighth fiscal years,
for labor done, materials purchased,
and Indebtedness incurred during the
latter part of the forty sixth fiscal
year, about $4,000
1t is possible that your committee
has overlooked the full import of this
admission. 1t conclusively shows that
the Superintendent of State Printing
created a deficiency during the forty
sixth fiscal year, and endeaVored to in
cur an Indebtedness in violation of
plain provisions of law. No provision
Of our law is more plainly expressed
than this, that no officer lin the SER
vice of the State shall have power to
create any deficiency in excess of any
appropriation of money made by law,
except upon the unanimous written con-
sent of the Governor, Attorney General
and Secretary Of State, and any indebt-
edness attempted in violation of this
requirement shall be absolutely null
and void" and shall not be paid out
CT any State appropriations"
When the Superintendent of State
Printing used this sum of about SOS
600 out of the appropriation specifically
for the forty seventh and forty-eighth
fiscal years, to pay an Indebtedness in
CURED in the forty-sixth fiscal year in
direct violation of law he caused a mis-
appliance of the funds set apart for the
support of his Office for said forty-sev-
enth and forty-eighth fiscal years, pay
ing out of an appropriation for that
time debt unlawfully contracted at a
previous time, and which the law in
express language provided should not
| be paid out of any State appropria-
ton" When you add to that in order
To have accomplished this Mr.. John
ston must have made an oath to the
State Board Of Examiners as to the
correctness of the claims, and that they
were for work, labor and materials fur
nished and done in the tyseventh
fiscal year, you might be said to have
some evidence tending in any way to
support the charges
The records of the Controllers office
will show that Mr.. Johnston's claims
did not state that they were for indebt-
edness incurred as he stated in the
Ifortysixt fiscal year, and that if mon
ey was drawn for that purpose it was
without the knowledge of the Control
Ter, and in violation of law l annex
a letter from the Hon. E. P. Colgan,
State Controller, in reply to my inquiry
into this question, which is self-ex-
planatory.
1t is useless to expect any conflict be-
tween the Controllers figures and the
Printers for expenditures, as the form
er are based on the sworn statements
OF the latter.
Mr.. Johnston has frequently at
tempted to explain any Irregularities
which might have appeared in the man
agement Of his Office by saying that no
money was drawn from his appropria-
ton except upon claims allowed by the
State Board of Examiners. When it is
recalled that the only evidence before
the board for it's information is the
sworn statement Of that gentleman, and
when you thus find that affidavits of this
| character, and of the character of the
| affidavit attached to the payroll of
July LIST to July Is, 1896, are known to
! have been made, you will realize how
little check there is upon the expendi-
ture of the vast sum biennially appro-
priated for the support of the State
| Printing Office.
| Another statement I name in my veto
| message was that the State Board of
Education, which under the law and
Constitution has the right to order
printed the school text books, made an
! order directing the Superintendent to
print no more copies of q certain gram
mar until the further order of the board.
This order was one which they had au-
thority to make, and which it was the
Superintendent duty to obey, and any
responsibility for it's observance rested
alone upon the Board of Education. Mr..
Johnston admits to you that he violated
this order of the authority which the
law and the Constitution placed above
him. and printed 10000 copies OF the for
hidden grammar, with the result that
ne has nearly 5000 copies on hand and
unused.
I also charged that he had paid a
higher price for coal than was neces-
sary, and when before your committee
he testified he had paid higher prices
for coal than had been paid for coal pur-
chased under contract by other State
officers, but that the reason he had done
so was that the coal he purchased had
a greater steam and power producing
capacity than the contract coal. The
fact remains that the coal which was
| being bought under contract at q less
rate than he was paying, brings a higher
price in the general market, and later,
| when bids were received for both varie-
ties the coal for which the Superinten-
dent was paying the higher price was
offered at a lower rate than the other
variety, and both materially lower than
the cheaper variety.
1 cfa he civ 10 Of lipe