The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-01-06
Recorder E. c. Hodgman
Had to Return $3.50
BY ORDER OF THE GRAND JURY
HE HELD OUT MINING LOCATION
NOTICE FEES
Fortified by One Of District Attorney
Donnell's "opinions" He Was
Making "Extras"

The grand Jury few days ago admin
istered an emetic to one Of the county
officials, but it was done so quietly that
the noise when he "coughed up" never
Travelled beyond the confines OF the
grand jury room, and the interested par
ty is probably still congratulating him
self upon the skill with which his pecu-
liar operation was hushed up--until now.
1t is true that the amount was not a
very large one, but the county official
referred to cannot be blamed for that.
He did the best he could. For several
months, searchers of records have been
aware that certain moneys which should
go to the county were being diverted
from their proper channel in the county
recorders office, and because thSse
amounts appeared neither on the fee
book nor the counter blotter, it was not
unreasonable to infer that they were
pocketed by County Recorder E. c.
Hodgman. Mr.. Hodgman has now been
county recorder for three years, and it
would seem that diligent perusal OF
the county government act might not be
incompatible with his duties; not for
the purpose of finding loopholes in It,,
however.
For more than four months-in fact,
since the 23d of Augustine county re-
corder failed to turn in all fees for re-
cording mining location notices, and
when halt was called by the grand jury
Hodgman was $251.40 ahead, and not
sign in either counter blotter or fee book
that he had ever received a cent of that
amount.
Now, the county government act has
the following to say about the collection
of fees by county officials. There are
three sections, given below, which cover
the points involved thoroughly:
Sec 21T says-Each of the officers author
lied to receive fees under the provisions of
this act must keep a fee book, open to the
public inspection during office hours, in
which must be entered, at once and in de-
tail, all fees or compensations of what
ever nature. kind or description collected
or chargeable.
Sec. alS-The fees and compensation col
lected and chargeable for the county in
each month shall be paid to the county
treasurer on the first Monday In the fol-
lowing month and must be accompanied
by a statement of the aggregate amount
thereof. as shown by the fee book, duly
verified by the officer making such pay
ment The AFFIDAVIT shall be in the follow
| ing form: II, , county recorder, dc
swear that the fee book in my office con-
| tains a true statement in detail OF all fees
and compensation Of every kind and nature
for official services rendered by me, my
deputies and assistants. for the month OF
-, A. D., -. and that said fee book
shows a full amount received or chargeable
In said month. and since my last monthly
payment; and neither myself, nor to my
knowledge or belief, any of my deputies or
assistants have rendered any official SER
vice, except for the county. which Is not
| fully set out in said fee book. and that the
| foregoing statement thereof Is true and
| correct"
The treasurer shall file and preserve in
his Office said statement and affidavit,
| Sec 225-The board of supervisors. upon
receiving certified copy of the record OF
conviction of any officer for receiving
illegal fees must declare the office vacant
There was tried last year in San Ber-
nardino county a case in which the re-
corder pretended that he was entitled
to the fees for recording mining notices
and that he, instead of the county
should derive the benefit thereof. The
case was tried in the superior court and
decided in favor of the official ON the
ground that the act which transferred
the keeping of mining location records
from mining district recorders to county
recorders is unconstitutional. But the
county appealed from this decision ant
the matter Is now pending in the SUI
preme court.
Knowing of this suit County Recorder
Hodgman thought that he, too, might
as well make play for "extras" as not
To fortify himself in the view that HI
naturally took of the matter, he ap
pealed to District Attorney Donnel
for an opinion, and the Major, t
whom opinions come as easy as Il
is for other people to fall off log
Immediately set his typewriter to click
ing and delivered himself to the effec
that he could not see that the county re-
corder was compelled by law to pay il
those fees in view of the decision of thu
superior court of San Bernardino county
If Mr.. Hodgman had been in litigation
as recorder with an outsider it woult
have been eminently proper for the dis
trict attorney to have represented him
or "opined" for him, but it seems to b.
somewhat peculiar to say the least, that
as between the county which pays Majol
Donnell's salary and Mr.. Hodgman, wht
is also paid salary by the same county
the district attorney should find it in
elusive of his duties to deliver opinion.
to the county recorder which fortify thu
latter in withholding from the county
moneys to which it Is justly entitled
There is subtley in such line Of rea
soning which undoubtedly escaped thu
deep legal mind Of the district attorney
but which is all too apparent to othel
people. To be plain, Major Donnell
while retained by the people of the
county as their advisor, advised the ad
verse party to the detriment of his prin.
cipal.
When the books of the county recorder
had been thoroughly exported secont
time, the grand jury was placed in pos
session of the fact that $251.40 collected
for mining location notices had not beer
paid in to the county treasurer and tina
since August %, 1897, none of the fee!
so received had been entered In the fet
book as positively required by law or OF
the counter blotter
After Hodgman had explained him.
self, told his views on the subject ant
produced Donnelps reliable opinion. HI
was admonished to pay the money int
the county treasury without further de.
lay, which he promised to do. He ha!
since notified the grand jury that HI
lIid To o1vx,S<<od fhof he df1 ar, I,o