The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-04
them to give the whole matter the at
tention of which it is worthy.
THE AMENDE HONORABLE.

Accepting the statement OF the AoS
| Angeles Times" expressed in its edi-
torial columns as true-the matter re-
ferring to affairs in it's immediate vicin-
| ity, and concerning which it was rea-
sonable to suppose it was well advised
the Record Union, yesterday did in
justice to Mr.. John w. Mitchell of Los
Angeles.
In a brief note we called attention to
the alleged fact that claim is before
the Legislature for 1900 to compen-
safe an attorney for legal advice given
to his wife, who is an official of the
Whittier State School, and we expressed
the thought that this might be case
bordering on nepotism, and suggested
that the Attorney General ought to be
equal to the task of advising the Whit
tier Board, and that it was of doubt
full propriety for wife in official sta
| ton to employ her husband as official
counsel.
The Record Union was led into such
statement by the declarations of the
Times which we now find to be I'M
true, without foundation, and quite as
cruel as false. The facts are that Mr.
Mitchell the counsel referred to was
not employed by his wife, one of the
Directors of the institution, but by the
Attorney General of the State, and his
services We're rendered not to his wife,
but to the official board of the Whit
| tier State School.
The 'Record-Union'' never knowingly
or willfully misrepresents, and when it
is led into error invariably hastens to
correct it. In pursuance of that policy
it presents herewith an official state
ment of the entire matter which en-
phatically brands the Los Angeles
"Times' article as false and libelous:
STATEMENT OF THE ATTORNEY
GENERAL AND THE STATE con-
TROLLER.
In re. Claim of John W. Mitchell of
Los Angeles for 81, 500, payment of which
is provided by Senate bill 620.
The facts relating to the claim of John
| ". Mitchell of Los Angeles for attorneys
of Trustees of the Whittier State School,
acting under its construction Of an opinion
my tba to oe erect S
use OF the school to be paid for out of the
fund known as the Whittier Reform
Act to establish a reform school for
| juvenile delinquentS, etc., as amended
statutes 1893, 933-33D and the board ad,
| vertised for and accepted plans for said
| buildings under the law OF April l. 1872
| Statutes 1912, $3.50.
| The State Controller, however, refused
urer for the payment of any demand
against this fund for permanent improve
ments. To test the question as to what
uses this fund. which amounted to about
| $4,000 could be used, the Attorney Cen
| eral authorized suit to be brought by
| the Whittier board to determine the ques-
| ton and he (the Attorney GeneraD APP
pointed Mr.. Mitchell to act for the Whit.
| tier. State, Board and to bring an action
against the State Controller. The At Al
Controller in the proceedings
Thereafter mandamus proceedings were
| brought by Mr.. Mitchell in the Supreme
| taken of the matter. The case was duly
presented, argued and submitted and a
| Court October IS, 1898, which decision is
| reported in 16 Cal Decisions, page 13l,
issued Thursday, October q, 1893.
| The decision sustained the contention
| of the Controller and holds that no build
| ing or permanent improvement can be
erected for a State institution out of State
| funds without special legislative sanction
| land is therefore most important decis-
| ion to the State.
| AT the suggestion or the Attorney Cen.
/ eral who appointed Mr.. Mitchell the writ
ten opinions of prominent attorneys were
secured as to what would be a reason
able fee for Mr.. Mitehelrs services. and
Messrs. Frank P. Flint, Bicknell, Glib
son & Trask and Del Vale & Monday of
Los Angeles and Garrett W. McEnerney
of San Francisco have stated that $1,000
would be a reasonable charge. This
amount includes all expenses of the litiga-
ton and Mr. Mitchell's personal expenses
| in presenting the case before the Supreme
| Court at San Francisco.
A claim for this amount was submitted
/ by Mr.. Mitchell and was allowed by the
| Trustees of the Whittier State School and
| the State Board of Examiners, payable
| out of the Whittier Reform School fund.
but the Controller held-and I have at his
request given an opinion sustaining this
position-that the claim is not payable out
of this fund, and have advised with the
| Controller appropriate legislation for pay
/ ment.
| AS the employment was legitimate and
| the services have been satisfactorily rem
| dered and the demand is reasonable, the
same should be paid, and I recommend
| the passage of an Act providing for pay
ment.
| TREY L. FORD, Attorney General.
| E. p COLGAN, Controller.
| Sacramento, February 16 1899.