The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-03-05
r. W. wArERMAN. Governor.

IL. w. w A1ERMAN, OOVeTlOT.
Governor Waterman in the said mes
| sage, after giving resume of the APP
polntment and services OF Mr.. Mullan,
adds: My action in revoking these ap-
| pointmentS has been governed by de-
termination to save to the State the large
sum Of money attempted to be given to
Captain Joh1. Mullan for alleged services,
which are without pretenSe of necessity,
for the reason that the matter of these
claims is one purely of legisla ton and for
| the favorable action of our Senators and
members of Congress"
| Notwithstanding this specific notice of
the withdrawal by the Governor of Mr..
Mullans supposed authority 10 act for the
State, Mr. Mullan chose to disregard this
notice, and continued to act.
| On March 2, 1891, an Act of Congress.
| originally introduced by Senator Morrill,,
was approved, which Act is entitled An
Act to credit and pay to the several States
and Territories and the District OF Co
lumbia all moneys collected under the dl-
rect tax levied by Act OF Congress ap-
Senators and Representatives had been
unfavorably impressed by the activity of
various claim agents representing several
| of the States, and doubts were raised as
to the regularity of their several appoint
mepts two provisions were inserted in the
Act as conditions for the repayment OF
ritories and District of Columbia under
the direct tax of 1861. These provisions
are as follows:
But no money shall be paid to any
-
thereof shall have accepted by resolution
the sum herein appropriated, and the
trusts imposed. in full satisfaction OF all
claims against the United States on &C
count OF the levy and collection OF SAID
tax, and. shall have authorized the Gov
ernor to receive said money Tor the use
and purpose aforesaid. - And tur-
ther provided that no part of the money
hereby appropria ted shall be paid out by
! the Governor of any State or territory,
or any other person, to any attorney or
II a
| existing or heretofore made between the
representative of any State. or Territory
and any attorney or agent
| Pursuant to the requirements OF SAID
| Act of Congress of March 2, 1891, the Leg
| islature of this State on March %, 1871
adopted Senate concurrent resolution NO
| g. accepting the, conditions imposed by the
said Act of Congress. Said resolution IS
as follows:
Resolved by the Senate, the Assembly
| concurring, That the State OF Callfornla
does hereby accept the sum appropriated
and the trust imposed by an Act OF Con-
gress entitled An Act to credit and pay
! to the several States and Territories and
the District of Columbia all moneys col
lected under the direct tax levied by the
| Act of Congress, approved August oth, A.
D. 1851 i'm full satisfaction OF CLAIMS rs
| against the United States on account OF
the levy and collection of said tax, ana
does hereby authorize the Governor to re-
ceive the said money for the use ana pur
| poses aforesaid, and receipt therefor; ana
said money. when so received, shall be by
! the Governor paid into the State treasury
and shall be credited to the general fund
| Resolved, That his excellency, the Gov
ernor. be requested to furnish to the hon.
cradle, the Secretary of the Treasury OF
the United States a copy of these resolu-
lions, duly certified and attested by the
Secretary Of State under the great seal
of the State of California.
Thereafter. the acting Controller of the
lTreasury Department at Washington Ill.
rected to Governor Markham a letter of
date April %. 1891. which is as follows:
Sir: / have the honor to state that the
account eff the State of California for the
refund of the direct war tax paid to the
United States under Act of August ). 1861,
| has been adjusted as follows, viz:
Amount CT direct war tax paid $247 ,9ll IL
Amount refunded to the Gov
ernor of the State under Act :.
Leaving due to the State.... s2l6, s51 s.
Amount suspended. S,11J IS
'"rhe amount suspended, viz: ss.110.aS. is
| a charge, standing on the books OF the
War Department against the State OF
ICalifornia for arms overdrawn by the
Estate under Section 1861 Z. S. Rev. Stat
utes. prior to February u, 1867.
'eThe said amount is withheld under the
opinion OF the Second Comptroller, pend
Ito the liability of the State for the value
| of the arms overdrawn. A draft for S20S.-
1868 will be RENTED to you by the
UNITED States Treasurer. Please acknowl-
edge the receipt of the draft to this office.
Very respectfully, l. r. GARRISON.
Acting Comptroller"
| Thereafter on May g. 1891, Governor
Markham received direct from the United
States Treasury Department a draft for
the said sum of s2OS.246.Ss, and the same