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

any State or Territory was entitled to.
collect and pay into the United States
| its own way through its own officers, as
| SCISSORS and collectors, and upon so doing
such State or Territory was entitled to
| deduction of 10 per centum oh the quota
| OF direct tax apportioned to such state
or Territory, with the proviSO that such
deduction should only apply to such part
Of the direct tax as was actually paid into
| the United States Treasury on or before
| the last day of June in the year to which
such payment related, and a deduction of
| 10 per cent. to such part as should have
been actually paid into the United States
4 Treasury on or before the last day of
September in the year to which the pay
ment related, the year being regarded as
recommending April LIST.
I Under this Act of Congress, California
I ed through her own officers and paid into
| the Treasury of the United States the
sum. of SPA, 445.41, leaving a balance due
| the United States of S7,093.26.
By an Act of Congress approved June
81, 1882, the Secretary of the Treasury
vas authorized to examine and report to
| tain States and Territories, including
California, for money expended and in
! debtedness incurred in the suppression of
| Indian hostilities.
! Thereafter December u, 1882 in reply
| to the application of John Mullan, Gov
| ernor Perkins wrote to Mr.. Mullan let
| ter, in substance directing him to act
as State agent, and leaving the matter of
his compensation to the discretion of the
| Legislature.
On March 8, 1888, Assembly Concurrent
Resolution No. 20 was adopted, which is
in the following language:
Whereas, The Governor and State Sur
tofore respectively appointed Captain
John Mullan of San Francisco, Cal,
agent and attorney to represent the in
the proper authorities of the United
ter Of the II claim Of aY this State t to the a
public laDds by the United States in this
| State; and also in the matter of the df-
rect rect tax &. levied upon this State by the
of August 6, 1861 and also of her claim
arising during the Modoc war in 1872; and
also under the provisions of the Act of
Resolved by the Assembly of California,
the Senate concurring, That the appoint
ments SO conferred upon Captain John
Mullan by the Governor and Surveyor
and confirmed, and the Governor of this
State be, and he is hereby, authorized
and directed to fix the compensation for
the services of Captain John Mullan here
/ tofore and that may be by him hereafter
rendered, at 20 per cent. of each of the
lected from the United States, and to pay
to him such per cent. out of the moneys
that may be collected by him and paid to
going matters respectively; provided.
however, that this State shall not in any
! event become liable for any expenses
fees and salaries of any nature what
ever, other than such contingent com
mission.
Section 2. That the Controller of the
state OF California be, and he is hereby.
authorized to deliver to Captain John
Mullan. or to his authorized agent all the
original vouchers. certificates and papers
OF every kind and nature against the Gov
eminent of the United States for or on
account of each of the foregoing matters,
respectively.
| o TN
prepare and take from Captain John Null.
ian, or from his authorized agent a re-
ceipt in writing, bound in a book, same
as ne keeps in his office for all such pa
pers as aforesaid, and which shall show
What the papers are in each case the
date thereof, by what Board of Exam
l me passed, the amount and date of the
warrant. and in whose favor drawn"
by this concurrent resolution. Mr. Null
ian was authorized df the resolution had
% been legal, which it was not to receive
~ per cent. out of all moneys COLLECTED
| by him and paid to the State
! subsequently, by an Act of Congress
Large, p. $3.50, s4515l17 was Appropriated ts 10
enable the Secretary of the Treasury to
| pay to the States of California. Oregon
ana ana Nevada, respectively, Is per cent. of
the amount OF their quota of the direct
tax OF 1861, on account of the, proper costs
Tor assuming the collection of the sa me
Il Il was adJudged by the United States
treasury Department that the amount
due to the State of California from the
| United States for the fifteen Der cent re
pate was the sum of s3s, 1S0.S0, and to this
was added the sum of $4957 70 on account
| OF the States expenditures in the SIM
preston of the Modoc hostilities-making
a total due the State of $3S.67652 From
TINS amount found due, there was de-
quoted on September IS, 1884 the sum of
.Us3-26, the balance of California's quota
OF the greet war tax remaining unpaid.
ana a treasury warrant for the net s1m
OF 81 oSS.26 was handed by the United
ntates treasury officers to Mr.. Mullan as
| the agent of this State 90
On the 9th day of September 1904 arr
Mullan handed said warrant to Governor
Stoneman who. without any legal an
IN tno ri paid Mr.. Mullan the sum of 81
sum of S3s,676.52, and not upon the SIM of
81, os3 70, the amount actually collected
from the ne, United States and paid to the
commissions over that specified in The
legislative concurrent resolution of lsS3
Mr.. Mulan to Governor Stoneman:
San Francisco Sept % 1894
Received of George Stoneman' Gov
ef f r, OF the State of California. the sum
thirty-five and 30 (s7. 1880 dollars being
the 70 per cent. due me on the sum of
thlrty-eight thousand six hundred and
seventy-six and 80 3S,676.52) dollars col
lected by me for the State of California
from the United States. Said sum of 81
80 being paid me by the Governor of
4
lature Of the State of California adopted
March ., 1888 JOHN MULLAN
State Agent for California
Amount credited to State account
January 6, 1883 ............... s4a5 70
Amounted credited to State July
Zo 1851 .--..... 49,. 5q7 "a
Amount of Treasury warrant Sep
TENDER Is, 1884. .................... 8. $50 26
$3S 676 80
1reds ury warrant ..-............... 81 ,5S3 26
Paid Mullan 20 per cent on $685.
eI6.o2 .---.- ..--..... .-...-.......... 7735 80
Paid in State Treasury .s23 S47 ee
Thereafter. under the alleged authority
implied by the concurrent resolution of
1883 the appointment of Governor Perkins
and the subsequent ratification by Govern
or Stoneman, Mr.. Mullan continued to act
as the agent OF this State at Washington.
| On February 10, 1888, Governor Waterman
addressed and mailed to Mr. Mullan the
following letter. revoking all of Mr. Null
ian appointments and powers, a copy of
which VIII be found in his message to the
Legislature January I, 1889. and is as fol-
| lows:
| Executive Office,
Sacramento. Feb. 10. 1885,
Captain John d. Mullan, Washington
! D C: Referring to my kilograms of the
60 and 9Th, respectively, and after due and
careful consideration of the matters there
in referred to. / am convinced that GER
tain appointments as agent and attorney
| to represent the State in WASHINGTON
made to you by the Governor and State
Surveyor General and which you endeav-
ored to have ratified and confirmed with
a commission of 20 per cent fixed as your
/ fee by concurrent resolution of March q
1883. and March 8, 1885 should be and are
hereby most emphatcally revoked.
This revocation applies specially to the
appointment by Surveyor General Minis
November /. 1878, in the matter of the
per cent. claim. aggregating nearly 81,