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Full text of "The Journal of the Senate during the ... session of the ..., Issue 28"

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APPENDIX TO THE JOUMALS 



SENATE AND ASSEMBLY 



TWENTY-EIGHTH SESSION 



• ■ 

OK. THE 



LEGISLATURE OF THE STATE OF CALIFOKMA. 



Voliame I. 



SACRAMENTO: 

STATE OFFICE, : : : : J. D. YOl'NH, 9UPT. STATE PKINTING. 

1889. 



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JUL 



13 1500 



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CONTENTS. 



1 — Biennial Message of Governor R. W. Waterman. 

2— Report of the State Board of Examiners. 

S— Biennial Report of the Secretary of State. 

4— Biennial Report of the State Treasurer. 

5— Biennial Report of the State Controller. 

♦5— Report of the Attorney-General. 

7— Report of the Surveyor-General. 

s — Biennial Report of the Adjutant-General. 

S*— Biennial Report bt the Superintendent of Public Instruction. 
10 — Report of Superintendent of State Printing (thirty-eighth fiscal year). 
11 — Report of Superintendent of State Printing (thirty-eighth and thirty -ninth fiscal 

years). 
12— Report of State Board of Equalization. 
13 — Report of the Trustees of the State Library. 
14 — Report of the State Engineer. 
15 — Biennial Report of the President of the University of California. 



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BIENNIAL MESSAGE 



OF GOVERNOR 



R. W. WATERMAN 



LEGISLATURE OF THE STATE OF CALIFORNIA. 



T^NPVBNXY-ElQHTH SBSSION. 



SACRAMENTO: 

STATE OFPICK : : : : J. D. young, SUPT. 8TATE PRraTING. 

1888. 



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BIENNIAL MESSAGE. 



State of California, ExEeuTivE Department, ) 
Sacramento, January 7. 1889. ) 

To the Senate and Assembly of the State of California: 

Gentlemen : In accordance with custom, and in conformity to- law, I 
have the honor to herewith transmit to you my first biennial mesfage. 

death of governor bartlett. 

Since your last session, on the twelfth day of September, 1887, Wash- 
ington Bartlett, Governor of the State, was removed by death, and the 
high and great responsibilities and duties of the Chief Executive thus 
devolved upon me. I assumed this great trust with a profound sense of 
the loss to the State of a loyal, broad-minded citizen, and a faithful and 
statesmanlike Chief Magistrate. Governor Bartlett's character and career 
illustrate and dignify American citizenship. His conscientious perform- 
ance of duty in everv detail, his impartiality, economy, and methodical 
disposition of public business distinguished him in office and commanded 
for him successive public stations of increasing honor. His independence 
of judgment and courage of convictions lightened the gravest responsibili- 
ties, and his vast experience led him almost intuitively to wise decision. 
His name will be written high in the annals of this commonwealth, and 
his example will be an inspiration to good citizenship and faithful official 
conduct. In view of his illustrious character and career, a public funeral 
was accorded him, and on September 16, 1887, his remains were laid away 
in Laurel Hill cemetery, San Francisco. 

funeral expenses of the late governor bartlett. 

The committee, into whose hands was confided the care and manage- 
ment of the funeral ceremonies of the late Governor Bartlett, viz. : Wm. D. 
English, Arthur Rodgers, A. P. Williams, and W. H. Jordan; and in whose 
judgment a State funeral was deemed due the distinguished dead, by rea- 
son of his life and character, ahd high official position; announce that in 
meeting the necessary demands consequent thereupon, they incurred an 
indebtedness to the amount of $3,057 16, and borrowed the money from 
the Bank of California at the rate of 7 per cent per annum, for which a 
note was given, thus increasing the amount to $3,360 62, and for the 
I^ompt payment of the same I earnestly recommend an appropriation be 
made. 

PORTRAIT OF THE LATE GOVERNOR. 

I recommend that an appropriation of $1,000 be made by the Legisla- 
ture for the painting of a portrait of the late Governor Bartlett, to be 
placed in the State Capitol nuilding with those of former Governors of the 
Stale. 



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4 BIENNIAL MESSAGE OF GOVERNOK R. W. WATERMAN. 

PUBLIC DEBT — CONSTITUTIONAL AMENDMENT. 

I beg to call your attention to\thf5 necessity of an amendment to the 
Constitution which shall Testr\ci iho power of the Legislature to create a 
, debt, beyond the con8tituti9n&riimit, which it now has to an unlimited 
extent A glance at the, ysfefy of the State is only necessary to convince 
you of the great importanc^x>f this amendment. The Constitution adopted 
in 1849 contained tff^ wise provision that ** The Legislature shall not in 
any manner cre^tQ afry debt or liability which shall, singly or in the 
aggregate, wittT-. toy previous debts or liabilities, exceed the sum of 
$300,000.", T-hferfe*is no doubt that this limitation has been largely instru- 
mental in 'gi^euting this State against the imposition of a heavy bonded 
indebtedi^ess. Yet this apparently plain limitation was not sufficient at 
one liibe to prevent the Legislature from incurring an indebtedness, pay- 
able in annual installments, for twentv years, of $2,100,000. 

An Act of the Legislature, approved April 14, 1864, intending to further 
the building of the Central Pacific Railroad, provided that the State of 
California would pay the interest, at the rate of 7 per cent per annum, for 
twenty years, upon $1,000,500. Bonds were accordingly issued, to be 
signed by the State Treasurer. Whereupon the Attorney-General peti- 
tioned for a writ of injunction restraining the defendant^ State Treasurer, 
from issuing said bonds. The position taken by the Attorney-General 
was, that the Act in question violated the provisions of the Constitution, 
which forbade the incurring of a debt of over $300,000, and the loaning 
of the credit of the State to or in aid of any corporation. In the argu- 
ment it was conceded that the State was in debt over $300,000. 

The Supreme Court of this State in the case People vs. Pacheco, 27 
Cal., page 175, decided that because the Legislature made an appropria- 
tion each year for twenty years, to be raised by taxation, to pay the accru- 
ing interest, that the assumption of such an obligation was not a debt 
within the meaning of the Constitution. In other words, the Court de- 
cided that the obligation to pay money, however vast the sum or however 
remote or immediate the time of payment, was met by an appropriation, 
and, therefore, was not a debt. 

As may well be supposed, the decision created intense interest in the 
State. The decision was rendered at the January term, 1865. The Legis- 
lature which met in December, 1865, proposed an amendment to the Con- 
stitution, which was adopted by the Legislature of 1867, and was finally 
submitted to the people, and adopted in 1871. This amendment was sub- 
division 22 of Article I, of the old Constitution, and read as follows: " The 
Legislature shall have no power to make an appropriation, for any purpose 
whatever, for a longer period than two years." In the statutes of 1875-76 
and of 1877-8, this amendment was omitted by the State Printer in the 
printing of the Constitution. When the Constitutional Convention met, 
the members doubtless took the Constitution as printed in the named 
statutes as the framework of the new Constitution, and omitted to insert 
this salutary and most necessary provision. There is, therefore, to-day, no 
restriction upon the Legislature incurring any money obligation, provided 
an appropriation is made to pay the same. 

In the late Constitutional Convention there were many distinguished 
men, acquainted with the history of the State, some of whom were mem- 
bers of othe» Legislatures which legislated upon the amendments, yet none 
of them recalled it. In eight years the amendment had been forgotten. 
This is a most forcible argument that the means to prevent wrongs or the 
invasion of rights should be crystallized either into constitutional or 



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BIENNIAL MESSAGE OF QOVERNOR R. W. WATERMAN. 5 

statutory law, rather than trust to the memory of the past, as a guard 
against the perils of the present. 

In the progress of the State many propositions will, in the future, be 
presented to the Legislature, either to undertake vast schemes of public 
and internal improvement, or to aid private enterprises engaged m the 
same: such as irrigation, drainage, or impounding debris. What has hap- 
pened once may happen again, and now is the time to throw up the bar- 
Tiers. 

I earnestly advise the submission to the people of the amendment dis- 



And this brings me to the cognate question of 

COUNTY INDEBTEDNESS. 

While the State is comparatively free from debt, yet the units of the 
State, the counties, are annually increasing their indebtedness. The fund- 
ed indebtedness of the counties amounts to $9,266,876, as nearly as can be 
ascertained, with every expectation that it will be increased. Is it not 
time to cry a halt in thus mortgaging the future ? If the counties are in 
debt, or continue to increase their debts, what avails it to the people as a 
whole if the State is out of debt? The effect is the same. The insidious 
promise to the people of a county or district, when urged to contract a 
debt, that the future will pay the debts of the present, is alluring in times 
of public excitement in reference to some enterprise which promises present 
gam. We should protest against the fever of too much energy, as well as 
the panic of fever. Debt is to be avoided. It is the bane of the State. It 
opposes progress and paralyzes exertion. Moreover, a high rate of taxa- 
tion turns away the immigration which we are so earnestly soliciting to 
oar State. 

I commend to your consideration the question of submitting an amend- 
ment to the Constitution limiting the power of the several counties to 
contract indebtedness, or of the State to empower counties to incur an in- 
debtedness, over and above a certain amount which shall 1>ear a constant 
relation to the taxable property of the county. 

FINANCES OF THE STATE GOVERNMENT. 

The total funded indebtedness of the State is $2,703,500, of which sum, 
$5,000 consists o& the State Bonds of 1857, and $500 of State Bonds of 
1860, upon which interest has ceased. The total interest-bearing funded 
indebtedness of the State is $2,698,000, which consists of the State Funded 
Debt Bonds of 1873, and are held as follows: 

Bonds held in private hands $334,000 00 

Bonds held in trast for the State School Fund 1,546,500 00 

Bonds held in trust for the University Fund 817,500 00 

Total $2,698,000 00 

Of this amount $60,000 has been called in, and the interest thereon has 
ceased, thus leaving an outstanding indebtedness of this class of $2,638,000. 
These bonds mature on July 1, 1893, and at that time must either be paid 
or refunded. The Act of the Legislature providing for the issuance of these 
bonds created a fund to be known as the Interest and Sinking Fund, into 
which it was directed that an adequate amount of money, raised by tax 
levies, should be placed during each fiscal year, so that when the date of 



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6 BIENNIAL MESSAGE OP GOVERNOR R. W. WATERMAN. 

maturity of these bonds should arrive there would be sufficient money to 
redeem them, but owing to successive Legislatures failing to make the 
necessary provisions for this purpose in the tax levies, these bonds cannot 
now be redeemed, unless some provision be made, and in consequence of 
the near approach of the date of maturity of this indebtedness, prompt 
action in the matter is recommended, and a failure by the Legislature to 
make some pronsion, either for the payment or the refunding of these 
bonds will, in my iudgment, be disastrous to the credit of the State. 

The State Board of Examiners are authorized by the provisions of Sec- 
tion 680 of the Political Code, to invest the money in the State School Land 
Fund in the bonds of the United States, the bonds of the State, and in the 
bouds of the several counties of the State, for the benefit of the common 
schools. In pursuance of such authority, the State Board of Examiners 
have, since the last session of the Legislature, purchased the following 
bonds: 

165 Los Angeles County 4^ per cent bonds $165,000 00 

478 Lake County 5 per cent bonds 47,800 OO 

84 Sacramento County 4 per cent bonds 84,000 00 

100 San Diego County 5 per cent bonds 100,000 00 

49 Santa Clara County 5 per cent bonds 24,500 00 

110 Monterey County 5 per cent bonds 110.000 OO 

Making a total of $531,300 00 

The State Treasurer now holds in trust for the use and benefit of the 
State School Fund, the following bonds: 

State Funded Debt Bonds of 1873, 6 per cent $1,546,600 00 

Sacramento County, 4J per cent 100.000 00 

Sacramento County, 6 per cent 32,100 00 

Sacramento County, 8 percent 145,000 00 

Humboldt County, 9 per cent 25,000 00 

Tulare County. 10 per cent 6,000 00 

Santa Clara County, 4 per cent 100,000 00 

Fresno County, 6 per cent 51,000 00 

Marin County,5per cent.. 78,000 00 

Inyo Countv,*7 per cent 34,000 00 

Stanislaus County, 8 per cent 1,000 00 

Yolo County, 5 per cent 60,000 00 

Tehama County, 5 per cent 61,000 00 

Napa County, 5 per cent 53,000 00 

San Luis Obispo County, 5 per cent 16,000 00 

San Luis Obispo County, 8 per cent 40,000 00 

Merced County, 5 per cent 16,000 00 

Santa Barbara County, 5 per cent 18,000 00 

Mendocino County, 4 per cent ^ 68,000 00 

Tehama County, 5 per cent 11,500 00 

Los Angeles County, 4^ per cent , 165,000 00 

Lake County, 5 per cent 47,800 00 

Sacramento County, 4 per cent 84,000 00 

San Diego County, 6 per cent 100,000 00 

Santa Clara County, 5per cent 24,500 00 

Monterey County, 5 percent 110,000 00 

Total $2,993,400 00 

The State Treasurer also holds in trust for the State University, bonds 
to the value of $1,120,000. 

GENERAL EXPENSES OP THE STATE GOVERNMENT. 

The total receipts of the State, as shown by the books of the Controller, 
for the thirty-sixth and thirty-seventh fiscal vears, amount to the sum of 
$10,839,465 99, credited as follows: To the "thirty-sixth fiscal year, $4,- 
363,235 59; and to the thirty-seventh fiscal year, $6,476,230 40. The 



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BIENNIAL MESSAGE OF QOVERNOB R. W. WATERMAN. 7 

expenditures during these years amounted to the sum of $11,213,603 36, 
charged as follows: To the thirty-sixth fiscal year, $5,425,988 40; and to 
the thirty-seventh fiscal year, $5,787,612 96. This shows, practically, the 
creation of an indebtedness of $374,137 37, for the payment of which 
moneys derived or collected by virtue of tax levies, made for succeeding 
fiscal years, were diverted from their proper channel. 

The total receipts of the State for the thirty-eighth and thirtv-ninth fiscal 
years amount to the sum of $12,498,249 76, credited as follows: To the 
thirty-eighth fiscal year, $5,448,380 77; and to the thirty-ninth fiscal year, 
17,049,868 99. The expenditures during these years amounted to the sum 
of $11,839,445 27, charged as follows: To the thirtv-eighth fiscal year, 
15,240,379 20; and to the thirty-ninth fiscal year, $6,599,066 07. This 
shows that the amount of the receipts exceeded the amount expended by 
1658,804 49. 

This excess is nominal only, for the General Fund in the State Treasury 
became exhausted August 23, 1888, and since then no warrant drawn on 
that fund has been payable. This state of affairs is wrong — wrong in 
itself — and should be remedied at once. The financial policy of the State, 
as well as the business system, should not be open to such grave objections. 
The money raised upon a tax levy for any certain fiscal year, should be 
used in the payment of the expenses of the State government for that 
year. 

It has been the custom of past Legislatures to make appropriations 
which "shall take effect immediately." There could be no fault found 
with this if there was money at the time in the State Treasury to meet 
such appropriation; but the money, which at this time is in the Treasury, 
was raised for the purpose of meeting the appropriations made by the pre- 
ceding session of the Legislature, and should not be diverted from that 
object. The custom of borrowing and expecting that the morrow will 
supply the deficiencies created to-day cannot be too strongly condemned. 

Again, the Legislature has in the past framed the tax levy bill, so that 
the amount raised for the General Fund was less than the amount it had 
appropriated for that year, thus leaving a deficit, which had to be met by 
the succeeding Legislature, and compelled the creditors of the State to 
wait months for money which should have been paid upon demand. This 
state of affairs is well known in business circles, and when the State pur- 
chases anything she pays more for it than would a private individual, for 
the merchant cannot afford to sell on time as cheaply as he can for cash. 

This system is wrong. All warrants should be paid upon presentation; 
any other method or custom is ruinous to the credit of the State, and in 
this connection I should advise that the Legislature in framing the tax 
levy bill for the forty-first and forty-second fiscal years should include 
every cent covered by the appropriations made and the amount of out- 
standing warrants against the General Fund. 

While the amount, $7,049,868 99, expended during the thirty-ninth 
fiscal year is large, the growth of the State and the demands of the various 
departments of State government must be taken into consideration. Of 
this sum $353,894 18 was used in the purchase of bonds for the State 
School Fund, and $115,000 in reducing her own funded indebtedness. 

THE STATE BOARD OF EXAMINERS. 

There is a great flaw in the system of business at present used by the 
State. The Board of Examiners, whose duty it is to pass upon the justness 
and legality of every debt contracted by every Commission, Board, or 



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8 BIENNIAL MESSAGE OF GOVBKNOR R. W. WATERMAN. 

officer of the State, is composed of the Governor, the Secretary of State, 
and Attomey-Greneral. 

The duties required of these officers in their own offices are tedious and 
arduous enough without endeavoring to perform these additional duties^ to 
which they can only give a few moments where hours should be consumed. 

The Governor, besides the many duties that demand his attention at the 
capital, is the President of the State Board of Education, the President of 
the Regents of the State University, the President of the three Boards of 
Normal School Trustees, the Chairman of the Yosemite Commissioners, 
and the Chairman of the State Board of Capitol Commissioners, and it 
is further made obligatory upon him as the Chief Executive to visit, as 
often as possible, the different prisons, asylums, and other institutions of 
the State. The Attorney-General is the legal adviser of the State officers, 
and should not be compelled to perform the duties pertaining to a business 
man, and should be free so as to be able to impartially give advice. The 
Secretary of State is fully employed attending to the wants of the State 
Capitol, and his time is wholly occupied. 

Now, the business of the Board of Examiners is to closely scrutinize 
every claim against the State, to examine into the management and affairs 
of the Orphan Asylums and Homes for Aged Indigents of the State, to pur- 
chase bonds and to act as a check upon the State Treasurer, by monthly 
(or whenever they deem it necessary) counting the money of the State, 
and to act as a Furnishing Board for the State in the matter of stationery, 
wood, coal, and other supplies; so that it can readily be seen that if these 
officers attend to the duties in their several offices, the important duties 
devolved upon the State Board of Examiners must in the main be neg- 
lected. 

This system was probably effective when the State was in its infancy, 
but the rapid growth and increase of the business of the State incidental 
to such growth, has likewise increased not only the expense of the Gov- 
ernment, but has been the cause of a rapid multiplication of Commissions 
and Bureaus ; and the business of the State has more than doubled within 
the past five years, and is rapidly and steadily increasing with each suc- 
ceeding year. 

The multitudinous duties of the officers who comprise the State Board 
of Examiners frequently takes them away from the State Capital, and 
delays unavoidable occur in the examination and auditing of the claims 
against the State, and the creditors of the State complain, and justly so, 
at being compelled to wait weeks for money which should have been paid 
upon demand. It is a physical impossibility for the Board, as at present 
constituted, to attend to the business interests of the State, and a continu- 
ance of the present system in vogue would be a hardship upon already 
hard worked officials, as well as a great injustice to the merchants of the 
State and others having claims to be acted upon by the Board of Exam- 
iners. 

And I strongly recommend and earnestly request that your honorable 
bodies provide for the creation of a Board of Examiners, which shall take 
the place of the present ex officio Board, whose duties will be the same, 
with some few adaitions, caused by the growth and demands of the State's 
business, and whose powers will not be so circumscribed. This new Board 
should not alone take the place of the Board of Examiners, but should 
also perform the duties of tne State Capitol Commissioners, and act as a 
State Board of Charities. They should have the power and authority to 

i least once every fiscal year, and as often as they deem necessary) expert 
books of the different institutions of the State. They should have the 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 9 

power to compel any institution to change its form of bookkeeping, to con- 
form to a general system that should be introduced throughout the differ- 
ent departments of the State government. They should have the power to 
inaugurate and compel the introduction of a perfect and thorough system 
of business in all departments. They should exercise a supervision over all 
public buildings in the course of construction, and approve all contracts 
made by any department or institution of the State; and they should super- 
vise the management and control of all Orphan Asylums and Homes for 
Aged Indigents. 

The creation of such a Board with such powers and duties would be 
TOtxiuetive of much good. It would reorganize the business system of the 
otate. It would satisfy and silence forever the ominous complaints of the 
State's creditors against the State. It would instill a healthy growth and 
vigorous life in the weak financial policy of the State. It would knit 
together and bring into closer union with the State her numerous Boardp, 
Commissions^ and institutions, which have during the past years been grad- 
ually widening the breach between the creator and the creature. 

In the interest of thorough business principles and good government, I 
earnestly ask that you create such a Board of Examiners. 

APPROPRIATIONS. 

It has been a too common fault of the Legislatures in the past to create 
public offices for the performance of certain and special duties, and then 
make such meagre appropriations for the carrying into execution and 
effect the laws that apply to them as to practically cripple and render 
useless offices that might, with sufficient means, have been productive 
of much good and of lasting benefit to the State. Legislatures are too 
apt to be radical and inconstant rather than firm and conservative. They 
are too prone to neglect the vital interests of the State and raise the cry 
of retrenchment and economy. This is no argument; it is simply dema- 
gogy. In a State like California, where the population is daily and hourly 
increasing, not in a slow, measured manner, but with a rapid growth un- 
paralleled in the history of the world, retrenchment is seldom or never 
necessary. Economy should always be one of the fundamental principles 
in the financial system of every State, but retrenchment should never 
enter her doors until she herself begins, from natural causes, to decay. 
While the population of the State is growing, and each day sees new 
enterprises, new businesses opened within her confines, and each year adds 
materially to the cultivated extent of territory within her borders and to 
the wealth and value of property, let her with no unsparing hand carry on 
the necessary work belonging to the proper conduct of State government. 
Whenever a building is necessary for any State purpose let it be of the 
very best materials and workmanship, that the generations yet unborn 
may point with pride to the labors of to-day. Let her now make such 
provisions for the State departments whose work is essential to her 
advancement and good name that her officials may, as servants of the 
commonwealth, add their small quota to her glory. 

I do not say that there is no room for retrenchment in some directions, 
but I will discuss that more fully under the head of ** Commissions.'' 
But here let me remark, that when a branch of a tree becomes useless, or 
ceases to bear fruit, it is lopped off and cut away, so when a Commission 
or a Bureau connected with any of the State departments outlives its use- 
fulness, or accomplishes the end for which it was created, let the Legisla- 



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10 BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 

ture wield the pruning knife, and freely. Let the branch be cut away 
from the mother tree. Let the office be abolished immediately, and the 
money which went towards its support be diverted to some other channel, 
where it will be productive of some lasting good to the State. I know of 
nothing in State government more deeply to be regretted than the over- 
burdening of a State with fruitless incumbrances in the form of useless 
public officials; and I cannot recommend too strongly to your honorable 
bodies that you give this subject your careful and earnest consideration. 

UNIVERSITY OF CALIFORNIA. 

It is with much satisfaction that I am able to report continued progress 
in higher education in this State. This is emphatically true of the Uni- 
versity of California. At your last session the Act providing the light tax 
of 1 cent on each $100 of taxable property for its support was passed. 
By this provision a revenue, increasing with the wealth and population of 
tlie State and needs of the University, is assured. It is gratifying to know 
that this great endowment is likely to be wisely employed. Already there 
is established an institution ranking in its numerous departments with the 
best universities of the nation. Its practical schools alone have more than 
repaid the State for all the expenditures on its behalf, in improved agri- 
culture, mechanics, mining, and engineering, while its academical depart- 
ments have elevated the standard of education and culture of our coast. 
Its professors have been selected from distinguished and proficient instruct- 
ors, and their labors have made them eminent* in their respective depart- 
ments. Those who have been its students justify its hopes. They occupy 
many of the high places of trust in office, in business, and in professional 
life throughout the coast. Their career and the increasing knowledge of 
the University are developing a preference of parents to send their chil- 
dren to our own University, rather than to distant colleges. Here the youth 
can be taught by instructors of the highest character and distinction, in 
courses of study equivalent to the most thorough eastern institutions. 

Here they associate and form their friendships with those whose in- 
fluence will control the State, and with whom they can cooperate in after 
life. Here they develop their character, and under the best influences 
and in the-spirit of Californians, and within the restraint and supervision 
of family and friends and people whose good opinions they will desire in all 
their future. These consiaerations, together with the uncertain and unfor- 
tunate temptations of distant schools, conspire with a growing loyalty to 
California to encourage parents to patronize their own State University. 
It may further be a source of satisfaction when reminded that through the 
generosity of the State, it is the only institution of the kind which is abso- 
lutely free of expense of tuition to any person capable of pursuing its 
studies. Not only has the State been generous to the University, but 
private benefactions have enriched its departments. James Lick, of Santa 
Clara County, in 1875 conveyed a vast estate to trustees, including the sum 
of $700,000, with directions to use this sum in the purchase of land and 
constructing and putting up a telescope superior to and more powerful 
than any telescope ever yet made, and a suitable observatory connected 
therewith. In June, 1888, this Lick Observatory and telescope, being vir- 
tually completed, were formally delivered to the Regents of the University 
of California. Thus, through the benefaction of a citizen of California, is 
added to its University probably the best equipped observatory and ap- 
pliances for the study of the heavens in the world. In this connection I 
further remind you with much satisfaction that some citizens of the State 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 11 

have donated large foundations for other institutions of learning, which 
promise great good for our people. 
With this, I submit the report of the regents of the State University. 

THE LICK OBSERVATORY. 

An Act of the Legislature, approved April 1, 1876, reserved from sale 
the north one half of section sixteen, township seven south, range three 
east, Mount Diablo Meridian. Upon this land is now located the Lick 
Observatory, and the titles to said lands should vest in the Regents of the 
State University. I therefore recommend that said land be conveyed to 
them to hold in trust, as the laws relating to the University provide. 

THE STATE TEXT-BOOKS. 

The proposition that the State could manufacture school books for the 
use of the school children of the State has been taken out of the realms of 
experiments. It has become a reality. It has been demonstrated that the 
State not only could publish her own school books, but that the books, in 
the matter of text printing, and binding, are better than any private edi- 
tion, and that the educational system of the State is benefited by having a 
uniform and stable system of text-books; while the people, especially the 
poor, are benefited by having the books furnished at cost prices, and being 
TOCQ from the great drain the yearly purchase, and almost yearly change, 
of school books had heretofore imposed upon them. 

The Act approved February 26, 1885, appropriated $170,000 for the com- 
pilation and printing of the State school text-books. Of this sum, $20,000 
was directed to be used in the compilation, and $150,000 in the printing of 
the series, including the plant, the cost of which was $57,917 39. The 
Legislature, in 1887, in order to meet the demands for text-books other 
than those authorized by previous legislation, enacted a law providing for 
the compilation and publication of additional text-books, and appropriated 
the sum of $180,000 for such work, $15,000 of which to be expended in the 
compilation, and $165,000 in the publication of these additional books. 

Of the total sum of $35,000 appropriated for the compilation of the text- 
books, the State Board of Education had, up to July 1, 1888, expended 
$17,440 42, leaving as a balance on hand for future compilation, the sum 
of $17,559 58 ; and of the total sum, $315,000, appropriated for the printing 
and distribution of the text-books, the sum of $242,213 84 has been ex- 
pended, leaving a balance of $72,786 16, which will be expended in the 
printing of the remaining text-books of the authorized series — the Ele- 
mentary Grammar or Language Lessons, the Geography, and the Physi- 
ology and Hygiene, which are now being prepared under the direction of 
the State Board of Education. 

It was also enacted by the last Legislature that the money received by 
the State from the sale of the text-books should go into a revolving fund, to 
be known as the " State School Text-book Fund," which will be used in the 
manufacturing of the different text-books after the first fifty thousand have 
been published. 

This, in the main, is the history of and the legislation upon the State 
text-books in California. 

The following table shows the books of the series which have, up to 
November 1, 1888, been compiled and published, the number printed, the 
number sold, and price per book : 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 



Name of Book. 



Price per , j,.., 
Voluiie. Printed. 



Sold. 



First Reader 

Second Reader 

Third Reader 

Speller 

Primary Number Lea.sons . 
Advanced Arithmetic -.- 

English Grammar 

United States History 



Totals - 



$0 15 
33 ! 
54 
25 
20 
42 
42 
70 



100,000 
115.000 

70,000 
130,000 

50,000 
115,000 

70,000 

60,000 



91.833 
79.078 
57,898 
77,0h*5 
36,095 
77,3HO 
39,435 
23,000 



700,000 



480,760 



The total amount received from the sale of these books is $152,092 87. 

It was unfortunate that at the inception of this reform that the State 
Printing Office should have been subject to gross mismanagement, and the 
first edition of the Readers and Spellers should have been' poorly bound. 
The fault was quicklv remedied as soon as discovered, and since then it is, 
and will remain, to tKe credit of the State Bindery that not a single book 
has been returned because of improper binding. 

The price per book is fixed by the State Board of Education by adding 
to the actual cost of the manufacturing of each book from the plates, a per 
cent of the cost of compilation, a per cent of the cost of the plant, a per 
cent of the cost of composition and plates, and an estimated cost of future 
revision. This cost of compilation and of plates is distributed over the 
estimated supply of books required for eight years, so that in that time 
the State will have returned to her the cost of compilation, etc., and the 
cost of the plant is distributed over the estimatea supply of all books 
required in twelve years, so that the money the State has expended in this 
direction will all be returned to her in twelve years. 

In the opinion of the prominent educators of this State, as well as of 
the country at large, the printing of school text-books by the State and 
selling them at cost, is but the first step in the reform movement against 
the old-time system of teaching and text-books, and that the next step is 
the furnishing of the books free to every scholar attending the public 
schools. 

I have not given the subject any particular attention and merely men- 
tion it to point to you the line public thought is taking. 

THE NORMAL SCHOOLS. 

The Normal School interests of the State are growing to such impor- 
tance as to require your careful consideration. With two schools in full 
and successful operation, and a building nearly completed in which to 
open a third school, the State seems well supplied with these important 
institutions. All agencies, however, that contribute to the advancement of 
our system of public education in any desirable direction, demand a foster- 
ing care. If, as I am informed, the demand for trained teachers is rapidly 
increasing, the institutions furnishing the supply for this demand should 
be sustained by liberal appropriations. While this is done, these, as well 
as all other institutions supported by the State, should be subjected to the 
closest scrutiny, to determine whether they are doing well the work for 
which they are established, and whether the money appropriated is used 
in an economical and productive manner. 

The school at Los Angeles is in a very flourishing condition, and has 
nearly reached the limit of size permitted by the present building. The 



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BIENNIAL MESSAGE OP GOVERNOR R. W. WATERMAN. 13 

pressing needs at present are for two new buildings; one for industrial and 
gymnastic training, and the other for boarding hall. I trust the needful 
appropriations will be made. 

A very substantial Normal School building is being erected at Chico by 
day's labor. It presents a very fine appearance, and the work has been 
done in an excellent manner. It is well adapted for the purpose intended. 
I recommend that the necessary amount for its completion and furnishing 
be supplied by the action of your honorable bodies. 

THE STATE PRISONS, 

By the report of the State Board of Prison Directors, it will be seen that 
a great deal of important public work has been done at the State Prisons, 
particularly during the past year. An appropriation of $160,000 had been 
made for the purchase of additional machinery for the manufacture of jute 
fabrics, and an appropriation of $40,000 for the erection of another build- 
ing to enlarge the jute mill at the San Quentin Prison, but as it did not 
appear that the machinery of the existing mill had been run more than 
eight hours in anv day, the Directors were induced to try to accomplish 
the same result that was expected to come from the purchase of more 
machinery, that is by the simpler business plan of working the mill six- 
teen hours, employing a relay of prisoners for the additional eight hobrs, 
instead of waiting a year for the arrival of machinery to be imported from 
Scotland. The product of the jute mill could thus be immediately doubled, 
and the increased number of grain bags could be oflFered to the farmers at 
the time of the year when most needed. The appropriation was not ex- 
pended, and the output of the mill was immediately doubled. The experi- 
ment of working the jute mill on double time has been successful, even up 
to the highest expectations, and the farmers in consequence have had the 
satisfaction of being protected against exorbitant rates for grain bags. The 
Prison Directors, and the Warden, and his officers, overcame every objection 
to working prisoners at night by taking abundant precautions, all of which 
are manifestly necessary under any conditions. 

Proper appropriations should be made for more extensive improvements, 
for the reconstruction of some of the buildings and for the immediate 
repair of others. The prison tract has been rendered unsightly from the 
necessities of brick-makine in former years, the soil having been stripped 
off, leaving ugly seams and gullies that suggest the desolation of an aban- 
doned hydraulic mining claim after the earth has been swept off by 
the powerful streams employed by the miners. This public institution is 
located near the great city of the State, and is open to the view of passing 
steamers and sailing vessels. The grounds slope to the edge of the bay, 
and can be made strikingly beautiful. The officers should be encouraged 
to go on with the work of reclaiming it from the neglected condition of 
many years of inattention, and make the surroundings a credit to the 
State instead of a reproach. What has been done in the line of adorn- 
ment shows what can be done to command the admiration of visitors from 
other States. 

At the Folsorn Prison there had been litigation with the company that 
sold to the State the land for the prison site, and the work of constructing 
a dam and canal for a water power had been brought to a stop. The grant 
of land included the use of the water power for the prison, but there 
was a difficulty about interpreting the terms of the deed. Litigation was 
resorted to, which resulted unfavorable for the State, and still no progress 
was made. Under these circumstances, believing that such a magnificent 



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14 BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 

power as the waters of the American River should not be allowed to run 
to waste, I induced the Prison Directors to meet the managers of the water 
company as business men, to harmonize any small differences of interpre- 
tation of the deed, with the view of immediately going on with the work 
of creating a great water power for the benefit of the commonwealth, as 
well as for the particular advantage to the Folsom Prison. Satisfactory 
arrangements were soon made, and the work of constructing a great stone 
dam in the American River was at once undertaken. By the energetic 
labor of three hundred prisoners, intelligently directed by competent 
superintendents and engineers, the foundation of the dam has been suc- 
cessfully laid and the superstructure was carried up to the highest point 
expected to be reached in the first year before the great storm in Novem- 
ber ushered in the rainy season and the consequent rise of the river. 

The building of the granite dam is a great undertaking, but the success 
of the first year's work assures its completion in the second year, if the 
season proves favorable, as work will be resumed as soon as the waters 
subside to usual summer level. Such a power as will be furnished by the 
river being conveyed through a canal has long been needed in this part of 
the State, independently of the needs of the prison. Already there are 
applications for sites for factories on the banks of the proposed canal, and 
the people of the central part of the State will feel the benefit of the project. 

With this great water power secured to the Folsom Prison, it will be pos- 
sible to establish many profitable industries, and to convert the prison tract 
into a model farm and vineyard and orchard. I particularly desire to call 
your attention to the need for providing such employment as will train the 
vounger prisoners in occupations that will be of use to them when released ; 
beside the mechanical trades there is need for instruction in farming and 
gardening, for which the tract offers good opportunities. If the prison were 
supplemented by, or converted into, a House of Refuge or Reformatory for 
only the juvenile offenders and the less vicious of the young men convicted 
of crimes, they could be kept separate from the hardened criminals, and, 
by being instructed in useful trades, could be fitted to become wage-earners 
instead of law-breakers when released from custody. 

Labor is the corrective for the mischievous tendency of the young who 
have a superabundance of energy, and is the discipline that should be 
applied to those who endeavor to pass through life without toiling. 

THE PARDONING POWER. 

A list embracing the names of all those pardoned out of the prisons of 
the State, or whose sentences have been commuted since the last report 
was made to your honorable bodies, accompanies this message. Opinions 
differ so materially, and with honesty of intent and purpose, relative to the 
great responsibility resting upon the one exercising the pardoning power, 
and so wide a field for discussion presents itself, that it becomes impossible 
to formulate anything like a satisfactory conclusion in space as limited as 
this document necessarily must be. I must acknowledge that in dealing 
with applications for clemency, the weight resting upon me has at times 
been a burden almost too overpowering to sustain, but knowing and feeling 
that it was in the strict line of my duty, I have met the demands upon me 
with a firm determination to do equal and exact justice, as between the 
oflFended law and the one making an appeal to be released from the penalty 
of such offense. To the one who is not called upon to deal with the pain- 
ful surroundings presented at almost every application for Executive clem- 
ency, it is hard to impress with an intelligent and sympathetic idea of the 



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BIENKIAL MESSAGE OP GOVERNOR R. W. WATERMAN. 15 

difficulties of the situation. To say they are manifold and often distress- 
ing, gives but a faint idea of the sad picture that comes before one in colors 
so vivid in anxiety, hope, and fear, that the duty to be fulfilled assumes 
more of the character of a punishment inflicted upon the authority called 
upon to arbitrate in such an emergency, than any other view that can be 
taken of it. 

Still, even with these peculiar disadvantages, it seems to me that the 
Executive of the State is eminently the proper one to take cognizance, 
personally, of matters in connection with the pardoning power; and that 
while the duties are possessed of a great deal that is disagreeable and un- 
pleasant in the varying characteristics presented, yet he and he alone can 
form, if not a better judgment, at least a more considerate one. The great 
object that impelled me to take charge of the applications for Executive 
clemency, was to maintain the good name of the State, and to see to it 
that those entitled to clemency should receive it without being compelled 
to purchase it. I was determined that sorrowing men and heart-broken 
women should not be mulcted in sums akin to downright robbery, in order 
to secure that to which, being entitled, should not have cost them one 
farthing. 

And I desire to say in this connection that it has been with no feeling 
of antagonism to the bar that I have asked that attorneys be not employed 
to appear before me in advocacy of the pardoning power, because I enter- 
tain the highest respect for the legal fraternity of the State; but it was to 
make the tact apparent that a fee paid under such a condition of affairs 
was simply an attempt to secure a pardon by an useless expenditure of 
money, contributed by those illy able to do so, leading to personal sacri- 
fices, and absolutely crippling those called upon to make them, but which 
they have submitted to in the interest of relative and friend. Neither 
man nor woman has ever been called upon to pay one farthing for execu- 
tive favors in connection with the pardoning power, or anything else, during 
my incumbency; and this is not stated in order to evoke commendation, 
but simply as a statement of facts, as any other condition would be dis- 
creditable, disgraceful, and dishonorable. Those who are well informed 
in the views and ideas embraced in the study of penology, have as yet 
come to no definite agreement, that is, generally, practicable as to the 
limit that may be safely reached in extending clemency. I should be 
only too glad to receive suggestions from your honorable bodies, if it is 
possible, in the nature of the duties incumbent upon you, so that some 
conclusion might be reached in which advantage would accrue, not only 
to the offended law, but to those charged with its violation. 

INSANE ASYLUMS. 

The growing condition of the State, and the consequent increase of 
population, naturally and by immigration, renders it absolutely necessary 
that more accommodation be furnished for the care and treatment of the 
insane. The crowded condition of the buildings at present in use for the 
purpose should remind' us that any delay in making preparation for the 
care of those unfortunates whose destiny it is to inhabit them would be 
reprehensible, if not criminal, and I would, therefore, recommend the con- 
struction of two asylums for the insane; one to be erected at the southern 
portion of the State, and one to be erected at the northern portion of the 
State, to be located in such neighborhoods as competent authority, that 
may hereafter be appointed to carry out the recommendation, may de- 
termine. 



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16 BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 

When it is taken into consideration that it will require at least five 
years of time to bring these new buildings to a condition fit for occupancy, 
It will be seen that it is not too early to take the preliminary steps in the 
matter. There are now in the Napa Insane Asylum one thousand four 
hundred and twenty patients, and in that at Stockton one thousand five 
hundred and ten. Both are overcrowded, and it is with the greatest dif- 
ficulty proper care can be given the inmates of the respective institutions. 
It is true that some relief has been given in the removal of a number of 
inmates from either place to the Asylum for the Chronic Insane at Agnews, 
Santa Clara County, but it has been as a shadow so far as giving actual relief 
is concerned. I earnestly recommend the careful attention of the Legisla- 
ture to these suggestions, and trust the members thereof will find them in 
consonance with their own views, and pass such measures as will lead to 
a realization of so necessarv an addition to the public buildings of the 
State. 

STOCKTON INSANE ASYLUM. 

The Asylum for Insane at Stockton during the biennial period which 
has just drawn to a close has felt the embarrassment of insufficient appro- 
priation for its support, and a loss by not receiving the approval of the late 
JExecutive of the extra appropriation for improvements and repairs made 
by the Legislature at its late session. 

The entire cost per capita of the inmates during the past fiscal year was 
but 36.9 cents per day; yet there was a deficiency of $12,405 21. It is 
estimated there will be a deficiency for the present year of at least $15,000, 
making a total of $27,405 21, for which there should be an extra appropria- 
tion made. This may be accounted for in part by the long delay in obtain- 
ing relief by the transfer of patients to the Agnews Asylum, and the 
increased incidental expenses, and in part to the rapid increase of insane 
people, who are crowding our asylums in California; a fact which denotes 
the growth of our State in population, rather than that insanity is increas- 
ing among our citizens — an idea that is very prevalent. The old original 
asylum building, constructed in 1853, and the female department twelve 
years later, bear the marks of time and use, and are sadly in need of ex- 
tensive repairs aud improvements. The old male department building 
needs repairing in many particulars. The walls of the building and yards 
have grown unsightly, and a new yard wall is a necessity, and the roofs 
are fast becoming unserviceable. 

At the female department an associated dining room is much needed. 
This would not only afibrd the greatest convenience, but much valuable 
space would be gained by converting the present dining rooms connected 
with each ward into dormitories for the patients, many of whom are now 
compelled to sleep in the garrets and in the large hallways, which is 
altogether wrong, and should no longer be continued. A new ironing room 
and many improvements in the laundry are also grave necessities at this 
department. The walls should by all means be stuccoed and painted, as 
during the rainy season they become soaked with water, and prove a great 
source of danger to the health of the inmates. The floors almost through- 
out the entire building should be new. The floors in the large hallways 
in nearly every ward are worn out and must be replaced, and it is unbusi- 
nesslike to leave them in that condition. The roofs all require new gutters, 
and new plumbing is much needed for the whole structure. Nearly all 
the ventilating shafts and pipes were left unfinished, and should be carried 
through the roof, and not allowed to discharge their vitiated contents into 
the garrets, where, as T have just stated, from the overcrowded condition 



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BIENiaAL MESSAGE OF GOVERNOR R. W. WATERMAN. 17 

of this department, many of the patients are required to be kept. I can 
only characterize this as a shame which detracts from the dignity of our 
State. 

In all institutions of this kind semi-detached closets and lavatories are 
of prime importance, for the building is constantly liable to severe dam- 
age by the plugging and bursting of pipes, and they are much needed in 
both departments of this building. The old wooden building, which is at 
present used as a morgue, is a disgrace to the institution, and a new one 
should be built. The residence of the Superintendent, erected many years 
ago, is in a very dilapidated condition, and requires a thorough overhaul- 
ing and renovation. 

The law requiring the Assistant Physician to reside upon the grounds 
has been violated for years, for the reason that*no home has been provided 
for this purpose. Three houses are much needed— one each for the physi- 
cians, and one for the Supervisor. The practicability of some useful em- 
ployment for the insane is a fixed fact, and should be provided; though 
in no view that it may in a special sense prove remunerative to the State, 
but for the reason that daily occupation will greatly tend to ameliorate the 
mental condition of the patients. The outhouses and machinery, which 
at one time were so adequate to the needs of the institution, have for sev- 
eral years past failed to fully meet the requirements of the increasing 
demands made upon them. With the present boiler capacity, it is impos- 
sible to furnish sufficient heat to keep the patients comrortable during the 
coldest weather. This can only be characterized as little short of an out- 
rage, when it is known how essential warmth is to those who are afflicted 
with insanity. 

The new male asylum building, which was made ready for occupancy 
in 1885, is a credit to the State, but nevertheless requires quite an expend- 
iture to complete it in every respect. More medical assistance is necessary, 
and ttie Directors should be authorized to employ one more physician. 
The failure to obtain the appropriation so much needed, at the last session 
of the Legislature, for improvements and repairs, will necessarily increase 
tiie cost of some repairs which should have been made at the time. The 
various repairs and improvements necessary at this asylum, which the 
Board of Directors have had carefully estimated by a competent architect, 
will aggregate fully $80,000. 

It is also estimated by the Board that the sum of $460,000 will be neces- 
sary for the support of the institution during the next biennial period. I 
have deemed it just and proper to go into details in regard to these insti- 
tutions, so that there may be no misunderstanding in regard to them, 
believing that it is your due that facts which present living issues should 
be presented to you; and with full confidence that you will be guided in 
your deliberations by a thoughtful and humane disposition while dealing 
with the affairs of tlje great eleemosynary institutions of our State, I leave 
the subject for your attentive consideration. 

THE NAPA STATE ASYLUM FOR THE INSANE 

Was established 1872, the site selected the same year, and the plans were 
approved and contracts let for the buildings in the spring of 1873. It was 
opened and the first patient received on November 15, 1875. 

The Act provided that ** the plans and specifications for said asylum 
shall be upon the basis of accommodating not exceeding five hundred 
patients at any one time." Yet when finished its actual capacity was 
found to be six hundred and twenty-eight. 
2« 



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18 BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 

Since the Napa Asylum was opened, six thousand and four patients had 
been received up to July 1, 1888. Three thousand two hundred and sixty- 
five had been cured, or so much improved as to justify their discharge. 
Twelve hundred and five had died, and sixty-five had escaped. 

There is reason to believe that the unfortunates committed to Napa have 
been as kindly and humanely treated and as well cared for as the crowded 
condition and the means at hand would permit, or could be expected ; but 
the Resident Physician, Dr. Wilkins, strongly supported by the Board of 
Trustees, is of the opinion that better results would be attained if two 
small infirmaries, one for sick men and the other for sick women, were 
added to that asylum. These infirmaries have been repeatedly asked for 
during the last ten years, and the moderate sum, $25,000, asked for, should 
be appropriated without hesitation. 

For the first time in the history of the asylum a deficiency has occurred, 
but on account of no fault of the management. The per capita has re- 
mained practically the same during the last four years. Not only waa the 
amount asked for cut down $28,000, but two hundred patients that should 
have been transferred to Agnews on the first day of October, 1887, have 
been maintained at Napa. More patients to maintain, and less means to 
do it with, will always cause deficiency bills. The deficiency, in this in- 
stance, is $20,569 47. There must also be a deficiency for the year end- 
ing June 30, 1889. The amount cannot yet be determined, as it will 
depend entirely on the number transferred to Agnews and the time of 
their removal. 

The land belonging to the State at Napa consists of nearly twelve hun- 
dred acres, from which the Steward's report shows that three hundred and 
sixty thousand pounds of vegetables were gathered from the garden dur- 
ing the year ending June 30, 1888; and from the farm two hundred and 
twenty-two tons of hay; the dairy produced twenty-seven thousand six 
hundred and fifty gallons of milk; and the orchards and vineyards — 
mostly young vines and trees — supplied the inmates with fifty-six thou- 
sand pounds of delicious fruits of many varieties. 

An asylum for the accommodation of the insane of the southern portion 
of the State is sadly needed. No portion of the State has increased so 
rapidly in population and wealth. The increase of insanity incident to 
such rapid increase in population has been great, and there is a demand, 
based on natural reasons, that this class of unfortunates be confined there, 
rather than conveying them, at a large expense, to the northern part of 
the State, for care and treatment. 

ASYLUM FOR THE CHRONIC INSANE. 

The report of the Trustees of this institution is presented to your honor- 
able bodies, in which its condition and needs are full^ detailed. From a 
variety of causes there was considerable delay in preparing this asylum 
for the reception and care of the patients destined to remain there, but the 
obstacles existing having been removed a large number of patients were 
taken there, and the asylum is now in successful operation. An appro- 
priation should be made to construct the executive building and one 
section of the north wing of this hospital. This would provide ofiices, 
sitting room, library, drug stores, rooms for all the physicians, and other 
officers of the institution; also, an amusement hall, rooms for supervisors, 
night watches, etc. An additional section of the north wing would bring 
the capacity up to eight hundred, and this can be added to at any time in 
the future, if deemed advisable. 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 19 

PROVISION FOR THE CRIMINAL INSANE. 

Some provision should be made for the criminal insane, so that they 
may receive all needed attention separate and apart from those whose 
reason has been dethroned by and from natural causes. It is neither just, 
proper, nor humane to confine a red-handed murderer or assassin m a 
ward of an asylum where those of more quiet and less dangerous attributes 
are cared for. An asylum for the insane criminal should be located at San 
Quentin, for the potent reason that if the prison at Folsom is ever to be 
changed into a reformatory for younger criminals, the adjunct of such an 
asylum would be highly aetrimental. I respectfully request the Legisla- 
ture to take cognizance of this proposal. 

THE DEAF AND DUMB, AND THE BLIND. 

The report of the Directors and officers of the Institution for the Deaf, 
Dumb, and the Blind, which has been submitted to me and printed for the 
use of the Legislature, contains the usual statistics concerning i^e num- 
ber, health, and progress of the pupils in this interesting school. For the 
details of management and of the financial exhibit, I refer you to that 
report. There have been under instruction during the past two years two 
hundred and seven pupils, of whom thirty-eight were blind ; fifty-four have 
been graduated and discharged, and the number present at date of report 
was one hundred and sixty-five. The receipts have been, for two years, 
$94,751 98; and the expenditures for the same period, $93,275 31; leaving 
a credit balance of $1,476 67. 

The Directors ask special appropriations for various purposes, all look- 
ing to the increase of accommoaations or larger usefulness. I hope that 
the Legislature will give kindly consideration to the needs of this institu- 
tion. No class of unfortunates appeals more strongly to sympathy than 
the deaf and the blind. To give them every opportunity of becoming self- 
helpful is the dictate of political wisdom as well as of humanity. In the 
belief that this institution is doing its work well, and making good men 
and women out of a material which, without education, would be useless, 
often dangerous, I commend its interests to your generous consideration. 

THE ADULT BLIND HOME. 

This Home was established by virtue of an Act of Legislature, approved 
March 5, 1885, for the purpose of supporting and caring for the unfortimate 
adult blind of this State and of furnishing this class with employment. 
The principal occupation is broom-making and cane-seating chairs. It is 
intended hereafter to employ some of the blind at carpet making, hair 
picking, knitting by machinery, and other work. The Directors, after 
struggling along for several years without the proper management, at last 
met the demand of the institution and supplanted the then Superintend- 
ent with Mr. Joseph Sanders, a blind man, and a pupil of Hall of Phila- 
delphia. It is a well known fact, now recognized in all such institutions, 
that none but the blind can ever control the blind; and while this may 
seem like a case of " the blind leading the blind," yet when one loses the 
use of a sense, he becomes suspicious of every one not afflicted as he is, 
and it is doubtful if the Home for Adult Blind could ever have been made 
successful unless the Directors had taken the step of appointing a blind 
man as Superintendent. 



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20 BIENNIAL MESSAGE OP GOVERNOR R. W. WAtERMAN. 

HOME FOR THE CARE AND TRAINING OP FEEBLE-MINDED CHILDREN. 

Your attention is specially called to this work, that immediate steps 
may be taken to place it upon the same substantial basis as our other State 
institutions. The time has now arrived when permanent buildings must 
be erected, and the whole plant enlarged and equipped as becomes the 
scope and the requirements of the work. The present location will not 
answer for the future needs of the Home, and would not warrant further 
expenditure. The entire property, comprising but fifty acres, is within the 
town of Santa Clara, and is, therefore, encroached upon. The water sup- 
ply is limited to wells, and the sewage and drainage to cesspools. The 
buildings are of frame, of temporary character, and unbecoming a State 
institution. These are overcrowded with one hundred and eight inmates. 
The insane asylums, county almshouses, and infirmaries of the State, still 
retain feeble-minded persons, both to their own detriment and to the ex- 
clusion of the class for which they were created. To obviate this distress- 
ing feature the Home was established. There are now one hundred and 
sixty applications on file, and from fifty to sixty pending. To relieve our 
asylums, and the afflicted families of our State, provision should be made 
at this session for the accommodation of at least five hundred persons of 
this class. After a careful consideration of the needs of this work, I do, 
therefore, urgently recommend that the Board of Trustees be authorized to 
dispose of the present property, and to select a new one of not less than 
three hundred acres, all in Santa Clara County, keeping in mind the half 
century's experience of the kindred American institutions in this work, 
whereby elevation, drainage, water supply, accessibility, and yet moderate 
isolation, and abundant acreage have been found essential. 

STATE MINING BUREAU. 

Among the institutions of the State which aim to give information of a 
practical kind, is the Mining Bureau. The objects contemplated by the 
Legislature in establishing the Bureau differ somewhat from those of any 
other institution in the United States; while recognizing the value of scien- 
tific research, the legislators concerned themselves more about the details 
of practical mining, and in defining the duties of the State Mineralogist, 
indicated unmistakably the direction to which they desired his time and 
attention to be principally given. 

The failure of the old Geological Survey to supply one volume on the 
economic geology of the State was a great disappointment; and, undoubt- 
edly, in a measure, led to the refusal of the I^egislature to make further 
appropriations to continue that survey, and in consequence the work was 
discontinued at a time when its continuance might have led to an authen* 
tic report on the subjects most sought for by the people. 

The State Mineralogist is in no way incumbered by the Act creating the 
Bureau. He may consistently go ahead with the work where the old Sur- 
vey left off, if sufficient funds are placed at his disposal, and I think such 
provision should be made. 

Gold mining should receive the fostering care of the State and the 
encouragement which it deserves. Until recently, little or no attention has 
been paid to the fact that many valuable deposits of minerals, other than 
the precious metals, occur abundantly throughout the State undeveloped 
and not applied to any use, the existence of which have been made known 
through the efforts of the Mining Bureau. 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 21 

We continue to be supplied with many crude minerals from foreign 
markets, notwithstanding they are largely distributed throughout the 
State; and materials manufactured from minerals continue to be imported 
which could be made at our very doors. 

The collection of ores and minerals in the Museum of the State Mining 
Bureau, at San Francisco, is a feature which proves the importance of the 
institution. It is arranged in a manner most convenient for the inspection, 
examination, and comparison of the ores and minerals. 

The economic ores and minerals exhibited can stand comparison with 
any other collection in the United States; and, as a whole, it is invaluable 
to the scientist, the miner, and the student. 

Since the last session of the Legislature the State Mineralogist has sub- 
mitted his seventh and eighth annual reports. The first is chiefly confined 
to the deposits of coal, petroleum, and asphaltum in the State. The eighth 
report is a comprehensive presentation of the mining being carried on in 
the State, and of the localities of many valuable economic minerals, and 
is replete with much needed statistics and suggestions. 

Wnile on this subject, your attention is called to an Act amending the 
Act of April 16, 1880 (see Statutes 1885, p. 217), by providing for the ap- 
pointment of a Board of Trustees to direct and control the affairs of the 
Bureau. Section 8 provides as follows: " The Board of Trustees may, with 
the assistance of the State Mineralogist, prepare a special collection of ores 
and minerals of California, to be sent to any World's Fair, or Exposition, 
at which they deem it desirable to display the mineral wealth of the 
State." 

The importance of exhibiting our mineral wealth at the Exposition to be 
held at Paris is generally recognized. The policy of making a special ap- 
propriation to the Trustees for that purpose has been considered, and I give 
it my recommendation. 

THE YOSEMITE VALLEY AND MARIPOSA BIG TREE GROVE. 

I herewith present the report of the Commissioners of the Yosemite Val- 
ley and MaripK)6a Big Tree Grove. Concerning this majestic scenic domain 
and patrimonial possession, I would respectfully enlist your earnest atten- 
tion. It is nearly twenty-five years since Congress graciously granted to 
the State of California the famous gorge in the Sierra Nevada Mountains, 
known as the Yosemite Valley, and a neighboring group of giant trees 
called the Mariposa Grove. An Act to accept the grant was subsequently 
passed by our Legislature, and was approved on April 2, 1866; and in a 
short time afterward, there were eight Commissioners appointed to " manage 
the Yosemite Valley and Mariposa Big Tree Grove." Since that time there 
have been other Commissioners appointed according to law; so that for 
the past twenty-two years the full power to manage and administer the 
grant made, and the trust created by Congress, has been invested in eight 
men. Commissioners, not including the Governor, who is ex officio Presi- 
dent of the Board; these Commissioners are men generally well known for 
their probity and intelligence, and for their presumed qualifications for the 
conception and execution of plans for the continual preservation of the 
premises, and for the promotion of such artificial accessories as might at 
times occur to them as being imperatively or otherwise necessary. 

These respective Boards, by the records of their proceedings — financial 
and otherwise — show that they have performed their multifarious and 
somewhat complicated duties with broadness, dignity, and honesty of pur- 
pose. The earlier Boards had a great deal of trouble with those who had 



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22 BIENNIAL MESSAGE OP GOVERNOR R. W. WATERMAN. 

become settlers, and large sums of money had to be given a number of 
them to surrender their claims. Later on maximum prices had to be paid 
for trails and grades, so that a perfect riddance of all claims and claim- 
ants cost the State nearly $100,000 at the start. Subsequent Boards have 
been compelled to make roads and bridges and to otherwise do what their 
aggregated judgment dictated as of interest to the State and its great trust; 
and the State has been undoubtedly a great gainer thereby, notwithstand- 
ing the occasional animadversions of those who have had no official inter- 
est or specific knowledge of the entire character of the work performed, or 
who have been the objects of censure or punishment by the various Boards 
for absolute cause, the details of which may be found in the minutes of 
the Executive Committee. 

That the State has been greatly the gainer may be at once observed by 
a perusal of the biennial report of the Board of Commissioners, which 
accompanies this, and which shows that there exists to-day no claim 
against a foot of ground or a stick of timber within the boundary of the 
valley, and that there are nearly thirty miles of carriage drives, and as 
many miles of footpaths, and as many more miles of. trails, upon which 
there are no tolls, and that there are seven or eight fine bridges in a perfect 
state of preservation, and that many new and pretentious buildings have 
been erected during the past two years, and nearly all the old and unin- 
viting ones demolished. Indeed, each succeeding year has presented 
features of preservation and improvement of these famous premises, and 
redounds to the honor aud wisdom of the gentlemen who have generally 
had matters in charge. 

I would recommend the appropriation of $25,000 ; $5,000 of which shall 
be spent on the Grove, and $20,000 on the Valley, in order that this mag- 
nificent scenic domain may be made more attractive to visitors ; for it 
must be borne in mind that the record of those whose names are found 
registered in the Valley indicate that there is not an inhabitable place on 
the globe that has not sent its representative to view its wondrous beauties, 
and breathe a new atmosphere in enjoying the beauties of Inspiratioa 
Point ; and, therefore, no pains nor expense should be spared by the State 
in adding new luster to its already brilliant possessions. 

I ask, as a personal favor, that a thorough and complete investigation be 
made by your honorable bodies into the details of all matters appertaining 
to the management of the Yosemite Valley and Mariposa Big Tree Grove* 

BOARD OF STATE HARBOR COMMISSIONERS. 

The biennial report of the Board of State Harbor Commissioners for the 
fiscal years commencing July 1, 1886, and ending June 30, 1888, accom- 
panies this message. The importance of this branch of the State govern- 
ment commends itself to your most careful attention and consideration. 
Valuable improvements have been made by the present Board, in connec- 
tion with the harbor, which are fully detailed in the report mentioned. I 
fully agree with the Board in that part of the report which thus speaks of 
improvements at the ferry landing, San Francisco : 

The time has come when the necessities of the traveling pnblic demand better facilities 
for passing in and out of the Qity of San Francisco at the foot of Alarket Street. The 
buildings now in use are without systematic arrangement having been built in part by 
the State and in part by the railroad companies, from time to time, as tlie traffic de- 
manded, and are totally inadequate for the accommodation of the public. 

The public require that there should be erected at this point a conimo<lious building of 
iron, wood, and glass, and arranged for the rapid and convenient hnndling of-pasaengers^ 
baggage, mail, express, and freight It should be so constructed as to allow passengers ta 



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BIENNIAL MESSAGE OF QOVERNOR R. W. WATERMAN. 23 

pass from the upper decks of the ferries, through the second story, and by a bridge o^er 
the crowded ana dangerous portion of East Street. 

Provision could be made for the offices of this Board and other State o£9cers located in 
the City and County of San Francisco. 

The land in San Francisco known as the seawall lots, adjoining the 
roadway of the seawall, werfe formed by the change of the water front line 
adopted in 1877. They were at the same time placed under the jurisdic- 
tion of the Harbor Commissioners, who were charged with the duty of fill- 
ing them in and bringing them to the official grade. This duty has been 
performed. They are sixteen in number, and embrace an area equal to 
thirty-three and a half fifty-vara lots. Their aggregate value is great, and 
as the commercial importance of San Francisco increases their value will 
enhance in the same proportion. What disposition to make of them now 
that they have been brought to the grade has provoked a deal of discussion. 
It has been urged by some that the State should retain them, by others that 
long leases of them should be made, while others insist that they should 
be sold and their proceeds applied to the extension of the seawall and the 
erection of improvements at the foot of Market Street. I have given this 
matter mature consideration, and looking to the future I believe that the 
State should retain every inch of this territory. Public uses will in time 
be found to which these lots can be subjected, which will add materially 
to the commercial greatness which is in store for San Francisco. 

When the time comes, as I believe it will, that ship and car are brought 
together by a belt line of railroad, owned and operatea by the State, around 
this water front, then portions of these lots will be of incalculable value in 
famishing space for side tracks and terminal facilities. San Francisco is 
destined to become the great central distributing point of the western 
world, and I would be sorry to see anything done about her magnificent 
harbor that would in any way hamper her. 

Neither am I in favor of making long leases of this property. This 
would be in the wrong direction, and would tend towards subjecting them 
to private ownership. I am aware that the policy of the State in her early 
legislation was to have leases of the water front executed, but of late years 
her policy has been to keep the water front free from leases or any incum- 
brances whatsoever; or, in other words, to keep the State's control unjei- 
tered and supreme. There was a time when the most valuable portions of 
the water front were in the hands of lessees, but now every outstanding 
lease but one has expired. On January 6, 1891, the lease of the Pacific 
Mail Steamship Company expires, and then the whole water front comes 
under the sole jurisdiction of the Harbor Commissioners. 

JEowever, I suggest that the present law respecting these lots be slightly 
changed. Now the Harbor Commissioners are obliged to maintain them 
as open spaces^ and use them in connection with the seawall and for the 
same purpose. This renders them of little practical value; besides the 
difficulty of maintaining them as open spaces is great; the sand with which 
some of them are filled in blows on to the seawall roadway; people and 
teams cross them in every direction, and it requires the constant attention 
on the part of the Board to prevent them being made the dumping ground 
for the refuse matter of the citv. 

My idea is that the powers of the Harbor Commissioners respecting them 
should be broadened. They should be give^i the authority to fence such 
portions of them as is necessary, and to assign their use during their pleas- 
lure solely for such commercial purposes as will facilitate the commerce of 
the port. 

In this way they would yield considerable revenue, and the State main- 



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24 BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 

tain her unquestioned ownership thereto, and still be in a position to apply 
them from time to time to such purposes as the future demands of com- 
merce require. 

Within the jurisdiction of the Harbor Commissioners there are over 
sixty acres of wharf surface and a vast number of slips. Owing to the 
destructive ravages of the marine pests which abound in our harbors, the 
cost of maintaining these Wharves and slips is enormous. If creosote is a 
preserver of piles, then I believe that the State should at once apply it to 
the piles used on the water front, and I would suggest that your honorable 
bodies should confer the authority on the Board of State Harbor Commis- 
sioners to erect and operate creosote works. 

THE BANK COMMISSIONERS. 

The annual report of the Bank Commissioners is herewith presented, in 
which there is a vast fund of useful information relative to the financial 
strength of the State in connectionr with its banks and banking interests. 
Its contents have been compiled with great care and attention, and an 
inspection of its pages by all those having the welfare of the State at heart 
will be most advantageous. 

RAILROAD COMMISSIONERS. 

With this I submit the report of the Railipad Commissioners, which is 
a valuable publication' in connection with the important matters it repre- 
sents. With the present report a handsomely executed and useful litho- 
graphic map is presented, showing the lines of all the railroads in the 
State, it being the first of the kind presented for the use and information 
of the public. 

INSURANCE COMMISSIONER. 

This officer has made a thorougn report of the workings of his office, 
which is herewith transmitted to your honorable bodies. The expenses of 
this office are borne by the underwriters, and the fees received from them 
have been a source of profit to the State, as the following statement is in 
proof: 

Net profit to the State for years 1883. 1884. and 18&5 $38,974 60 

Net profit to the State for the years 1886, 1887, and 1888 54,185 21 

Expenses of office for 1883, 1884, and 1885 21,952 42 

Expenses of the office for J 886, 1887, and 1888 18,518 23 

BUREAU OF LABOR STATISTICS. 

I cannot commend too highly the excellence of the report made by the 
Commissioner of the Bureau of Labor Statistics. It is the most compre- 
hensive and valuable one yet issued from that office, and is entitled to your 
best consideration for the useful facts therein contained. 

THE FISH INDUSTRIES. 

The propagation and preservation of the fish of the waters of this State 
demands your serious consideration. The quinnat salmon, the choicest 
and most valuable fish of California, is annually decreasing in number, 
and, unless more efficient means be used than are at present employed to 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 25 

protect this fish, it will be but a short time before the generous supply that 
swarmed our rivers prior to the settlement of this State will have become 
but a tradition. The greatest destroyers of the salmon are the sea lions 
that are preserved at the gate of our large rivers as an attraction to a pub- 
lic house. While not wishing to take from any citizen of this common- 
wealth anything that may be of value to him, the principle of ''the great- 
est good to the greatest number" must not be lost sight of, and we cannot 
blindly shut our eyes to the great depredations these pirates of the deep 
have made, and are annually making, among that life which has so often 
been called " the poor man's meat." I recommend that these seals be 
destroyed, and, to hasten that end, that a bounty be placed upon each ani- 
mal, to be paid by the State Board of Fish Commissioners, and that an 
appropriation be made for that purpose. 

The steam launch "Governor Stoneman," built by the State Board of 
Fish Commissioners in 1885, has by competent persons been judged use- 
less for the purpose for which it was constructed. As a matter of economy 
I should recommend that the State Board of Examiners be authorized to 
dispose of the same at public auction, and that the sum received therefor 
be returned to the General Fund of the State Treasury, after deducting 
the costs of said sale. 

The State Hatchery, built in 1885 by a former Commission on Hat 
Creek, seems to be totally unsuited for such purpose; and, inasmuch as 
the State does not own the land upon which it is situated, I should not 
advise that any more money than that necessary for its present mainte- 
nance be appropriated, but would suggest the advisability of erecting two 
or three suitable buildings at more suitable places, not far removed from 
the railroad. 

I also recommend in this connection that sufficient appropriation be 
made to enable the State Board of Fish Commissioners to increase the 
patrol service on our rivers and other navigable waters. 

Advices from the authorities of the United States Hatchery on the Mc- 
Cloud River, state that the United States has recommenced operations at 
that point, and that since the suspension of work there, in 1883, the close 
season of the salmon has been so changed that but few salmon ever reach 
the spawning grounds on the McCloud and upper Sacramento Rivers. The 
hatchery labored under a disadvantage this year, by reason of this change, 
and unless the close season for salmon in this State be changed, the hatch- 
ery can be of but little service to the fish interests of the State, and would, 
in all probabilities, soon be abandoned, as non-productive of good. In 
support of their statement they say that in 1882, the hatchery hatched 
and distributed eight million five hundred thousand salmon; that they 
could have hatched this year four million had they been able to obtain 
the eggs, but could get only about one million five hundred thousand, 
which is insufficient to restock our rivers. In view of these facts, I recom- 
mend that Section 634 of the Penal Code, relating to salmon, be amended 
so as to read: " Every person who, between the first day of August and the 
fifteenth day of SepteinJ)er, takes, catches, buys, sells, or has in his posses- 
sion, any fresh salmon, is guilty of a misdemeanor." 

In the interest of the protection of the fish of this State, I can but re- 
iterate the oft repeated recommendations of former Governors, that the 
Legislature make the use at any time of those contrivances, known as the 
" Chinese shrimp or bag net," and the ** Chinese sturgeon lines," a mis- 
demeanor. I also recommend that Section 635 of the Penal Code be 
amended, so as to include '^sawdust" in the list of deleterious substances 
to fish, as it is recognized that the sawdust, becoming water soaked, falls 



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26 BIENNFAL MESSAGE OF GOVERNOR R. W. WATERMAN. 

to the bottom of the stream, and covering the sandy shoals, destroys the 
spawning places; and also that the fungus, which grows on the sawdust 
almost immediately after it is dumped into the water, is deadly to the 
young fish, and if something is not done to check this evil the restocking 
of our waters with fish will become an itnpossibility. 

The Legislature, by an Act approved February 28, 1887, provided that 
the costs and expenses of all trials of any person charged with the viola- 
tion of any provisions of any law for the preservation of fish be paid by the 
State. 

This law should be repealed. The policy is wrong. I realize that, under 
the old law it was exceedingly diflBcult to secure the conviction of a vio- 
lator of the fish laws; but, under this statute, the State has no means of 
protecting herself against imposition and frauds, and to saddle the State 
with the expense of guarding the prisoner and feeding him after convic- 
tion, as this law has done heretofore, is unjust, as well as too dangerous a 
precedent to follow. If this is allowed to remain, I ask you, in all serious- 
ness, what would prevent the entire constabulary of a county from drawing 
all their salaries from the State Treasury; and if one department of the 
county government could receive from the State such fees, what would pre- 
vent subsequent Legislatures from providing, first, for fees to be paia to 
the District Attorney, and then to the Judge, and, in short, to pay the 
expenses of the entire county government, because the officers thereof 
happened to secure the conviction of some alien for a small violation of 
the fish laws? And furthermore, if the State should bear the expenses of 
trials in one misdemeanor, why not in all? Is not this law threatening 
the integrality of our present system of State government? and will not 
this law, which may secure conviction where none could be had before, 
lead to other, graver, and more dangerous evils? In my judgment it is 
wrong, and should be repealed immediately. 

THE ABOLISHMENT OP COMMISSIONS. 

Upwards of $100,000 are expended annually in the support and main- 
tenance of special Commissions and Bureaus. This is a very large amount 
of money drawn from the taxpayers of this State, and, in my judgment, 
the return should be commensurate with the expenditure involved. That 
many of these Commissions have been of benefit to the State I freely 
admit, while others have been comparatively useless, save in giving sup- 
port to those holding official position under their formation. I cannot, at 
this time, determine which of these Commissions have outlived their use- 
fulness; I am positive, however, that a number of them have; and, in 
order to arrive at a just conclusion in the matter, I respectfully invite 
your cooperation in the appointment of a special committee to thoroughly 
investigate the subject under discussion, reporting their deliberations and 
conclusions as early as practicable. 

STATE BOARD OF HEALTH, 

The condition of the State in a sanitary point of view has been quite 
satisfactory. We have had some limited epidemic outbreaks of smallpox, 
but the State Board of Health had such preventive measures adopted that 
in no instance was the spread of the disease allowed to attain any alarm- 
ing proportion. In this connection events have shown that the mandatory 
power of the State Board of Health should be increased, and that in order 
to make it work more efficacious its appropriation should be enlarged. 



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BIENNIAL MESSAGE OP GOVERNOR R. W. WATERMAN. 27 

Through the Secretary of the Board communication has been estab- 
lished with every State within the Union, and also with Canada, whereby 
we are immediately apprised of any outbreak of infectious disease in the 
United States or Canada. Relations have also been established with 
Mexico, so that hereafter we will be forewarned of any outbreak of yellow 
fever, or other contagious disorder upon our southern frontier immediately 
on its occurrence. We may, therefore, feel assured that the sanitary inter- 
ests of the State will not be neglected. I have, also, had this Board visit and 
report upon institutions drawing aid from the State, and am glad to be 
able to say that its report has been satisfactory, no misappropriations 
of State funds has been discovered, and the institutions are in a fair sani- 
tary condition. Owing to this extra work placed upon the Board, the 
appropriation for the fortieth fiscal year has been exhausted. I would, 
therefore, recommend that an appropriation of $1,000 be made to cover the 
expenses, which must necessarily be incurred during the balance of this 
fiscal year. 

I would also recommend that a change be made in the health laws of 
the State, whereby its statistics may be gathered with accuracy and fidel- 
ity, and the births, marriages, and deaths legally ascertained, so that with 
our claims for the salubrity of our climate we may be able to prove it by 
the reports of our State Board of Health. I also recommend that an 
appropriation be made to the Board for the use of the State Analyst, that 
he may be enabled to employ such assistance that the Board may have 
the mineral springs of California officially analyzed. I believe that we 
haije mineral springs in this State that will fully rival, if not excel, any of 
those so famea in Europe for their curative qualities. If their qualities 
were demonetrated by an official analysis a large immigration of valetu- 
dinarians would be induced to visit this coast, who now spend their time 
and money in foreign countries when an equal opportunity of restoration 
to health is offered them in California. 

I would also recommend that the special appropriation for the prevention 
of the introduction of contagious disease into this State be continued; its 
usefulness and necessity being fully proven within the past two years. In 
view of the official announcement of the State Board that disease of an 
infectious nature prevails among cattle in California, tnd in its opinion that 
the office of State Veterinarian should be created in the interest of the great 
cattle industries of the State, and the protection of the people from a dis- 
eased food supply, I would recommend that such an officer be created as 
advised by the State Board of Health. I would also recommend that the 
members of the State Board of Health be paid a per diem when actually 
engaged in the work of the Board, in accordance with my views expressed 
in another part of this message, as its duties, when properly performed, 
take up the time of men who are otherwise more profitably employed, and 
the State has no right to their services, which are wholly in its interest, 
without due compensation.' 

CONTAGIOUS DISEASES AMONG LIVE STOCK. 

The Department of Agriculture at Washington is asking the cooperation 
of each State, in its efforts to suppress contagious diseases among live stock. 
To this invitation I am certainly in accord; that there has been, and now 
is such diseases among our cattle, I am convinced. In reading the report 
made by Thomas Bowhill, M.R.C.V.S., and special agent of the Bureau of 
Animal Industry of the United States Department of Agriculture, I find 
that both anthrax and "Texas" fever are prevalent in the great cattle 



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28 BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 

counties located in the southern part of our State, and the swine plague 
among hogs. In this report he describes the actual status of these diseases, 
showing them to be of the most malignant type, and unless extirpated will 
soon ruin our vast live stock interests. 

Practical examinations were made by Dr. Bowhill, who reports fully 
upon the character and locations of these contagious diseases. 

After due consideration of the subjects, I am more convinced of the 
necessity of recommending to you immediate action. I would suggest: 

First — The passage of stringent quarantine laws, requiring examinations 
to be made at point of entry, and health certificates issued to all entitled to 
admission, of all importations of live stock to this State. It is highly nec- 
essary that absolute safety should be extended to prevent the importation 
of diseased stock into the State. The extirpation of all afflicted within 
the limits of the State, and the burning of feed in locations affected, will 
do much towards stamping out this terrible plague. 

Secondly — I would recommend the appointment of a State agent, who 
shall be a practical veterinary, a graduate of a recognized veterinary col- 
lege or school, who shall, at stated periods, make thorough examination of 
the various causes of mortality among the live stock of the State. 

This interest in this State is of such magnitude as to demand immediate 
attention to its wants, and the law-giving powers should not fail to take 
proper cognizance of the imminent danger this industry is now open to, 
and which can be averted by safeguards of the character herein recom- 
mended. 

SALARIES OF STATE OFFICERS. 

Economy in the management of the affairs of State is commendable, and 
should be rigidly adhered to by those having charge of the details which 
contribute to make up a State Government; but it is a question in my 
mind, whether the spirit of economy in such connection may not at some 
time be stretched to a point where the strain will become so dangerous as 
to affect the whole structure resting upon its judicious application. The 
administration of a State Government should be conducted upon a strict 
business basis; and the first proposition presenting itself to the intelligent 
business man, is thilfrough intelligence and competent characteristics of 
those he calls to his assistance in carrying out the multifarious demands 
of the situation; and when so selected and enlisted in his interest, he 
decides that to secure such competent assistance, and retain it, he must 
pay what it is worth. And he does so in order to be successful, and to do 
otherwise evidences a lack of business tact and discrimination. An intel- 
ligent State administration comes in fair comparison with an intelligent 
business man. 

In this connection, it is my honest belief, after careful consideration of 
the subject, that there is not a State officer now holding position in 
California that is paid a salary commensurate with the labor and the 
duties he is called upon to perform. I do not believe a community, 
whether coming under the head of national, State, or municipal, should 
expect any of its citizens to work and labor for them without their being 
paid in full for the result of such work and labor. Of course the holding 
of office is not compulsory, but the fabric of government is such it requires 
just so many to carry on its various branches, and to do it well. They 
could not hold such positions unless sanctioned by the people before whom 
their aptitude and ability, to perform the duties incumbent upon them, 
was presented for indorsement and approval, and being so chosen and 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 29 

indorsed, they should not he placed in the category of dependents by the 
meagreness of the pay accorded them. 

There is not a State officer, from the Chief Executive down to the last 
one on the list, that is requited as he should be for what he gives in return. 
I speak of the matter freely, and the same applies to all the other State 
officers, for the reason if any change should take place in the direction to 
which I call your attention, it would not affect my or their terms of office. 

I allude to this as I do, for the reason there are those who are prone to 
misconstrue motives, and to assume that a proposition like the one I now 
present is not free from personal and interested views. As an illustration: 
Let the business man reflect for a moment on the vast responsibilities that 
rest upon the Controller and upon the State Treasurer; on the former, the 
financial problem that each year presents itself for his consideration and 
elucidation, and with which all the valued interests of the State are com- 
bined; on the State Treasurer devolves the safekeeping of the moneys of 
the State, aggregating $25,000,000 during his term, and for which each 
receives $250 per month. And the same reasoning may be advanced, so 
far as the other State officers are concerned. There is supposed to be 
some dignity attached to these offices, but if an incumbent has a family 
to support out .of his salary, the dignity of the position is very sensibly 
discounted; unless, indeed, it is deemed the correct thing, under our form 
of government, to announce it as a principle that only rich men shall fill 
the offices; and even if that should be adopted, where would the men of 
means and affluence be found to become office holders, and leave their 
|reat interests to serve the people, unless they were munificently paid 
for it? 

The same reasoning I have presented relative to the State officers comes 
with peculiar and greater force in connection with the Justices of the 
Supreme Court and the Superior Judges of the State. It is not exactly 
the thing for a great, rich, and powerml State like California, boasting of 
its past, its present, and particularly of its future, to go into the open 
market in order to procure its judiciary where it can be purchased the 
cheapest; but, on the contrary, it should be seen to that when talent fit to 
adorn the ermine is willing to accept such place, it should be encouraged, 
and that old, but certainly not inapplicable, quotation, justified on their, 
part that the " laborer is worthy of his hire." 

How stands the case with our Superior Judges? And in reply to the 
question, I do not wish to be considered as disparaging any gentleman 
occupying that position, but in several cases coming within my knowledge 
lawyers have become emigrants, and have been sent into counties, where 
• they never lived before, to adorn the bench they are to preside over, either 
for a short or long term; and the selection of such has been attended with 
the most serious difficulties, for the reason that the salary paid did not 
warrant a lawyer, with a good practice, to abandon it for the sum involved, 
and the only assets at the close of the term to be addressed as Judge. 

Our judiciary throughout should be composed of the very best men in 
every particular, and it should be paid for; for it is not at all compli- 
mentary to the State that such a condition of affairs, as that just spoken 
of, exists to-day in California. I should be very sorry, as a business propo- 
sition, if all the important litigation of the State should be intrusted into 
hands representing talent (?) as cheap as the salaries paid; and I con- 
sider litigants are fortunate that there are so many patriotic and self- 
sacrificing men on the bench as there are in the State to-day. They 
Eresenta phaseof self-abnegation seldom accorded mankind in its very 
est mooas. I respectfully and earnestly refer this matter to the Legisla- 



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<JU BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 

ture, asking that some decided action be taken in regard to the subjects 
involved. 

THE SUPREME COURT COMMISSIONERS. 

An Act of the Legislature, approved March 12, 1885, provided for the 
appointment of the Supreme Court Commissioners, whose term of oflSce 
should be four years from and after the date of their appointment. The 
Commissioners were appointed on May 12, 1885, and have since labored 
hard and earnestly, and have done much to relieve the Suprenie Court. 
The Commission goes out of existence during the present year unless con- 
tinued in being by this Legislature; and, in justice to the many litigants 
whose cases are now before the Supreme Court, I think this should be 
done. And in order that the large accumulation of cases now on the 
calendar might be reduced, I suggest for your consideration that probably 
the Commission had better be increased in number for the time being. In 
this connection I wish to say, that I think this accumulation* of business 
before the Supreme Court was in the main unnecessary, but the enl exist- 
ing, it should be remedied. 

THE STATE CAPITOL BUILDING AND GROUNDS, 

Since the last session of the Legislature the exteriors of the State Capi- 
tol, the State Printing OflSce, and the exhibition building of the State 
Agricultural Society have been thoroughly repainted at a cost of $9,485 50. 
There has also been some painting and cleansing done within the building, 
for the payment of. which there was no appropriation made, but the work 
being oeemed a necessity the Board of Examiners authorized the work, 
and you are respectfully asked to make suflBcient appropriation to cover 
these expenditures. 

Ever since the occupancy of this building, the basement thereof has 
been the repository of all the waste paper, ashes, and other rubbish, that is 
taken from all the oflftces and legislative halls. To say that the basement 
was in a filthy condition would but meagrely describe it, and it was a 
standing menace to the health of everybody employed in the building. 
. Upon the authorization of the State Board of Examiners the Secretary of 
State contracted with C. M. Bombaugh for removing this rubbish, and at a 
cost of $1,300. The work was well done, and the basement was thoroughly 
cleansed, fumigated, and whitewashed. Under the supervision of the 
Secretary of State, many needed improvements have been made, and I 
heartily approve of the concluding remarks of his report: " That legiti- 
mate economy in the conducting of all public institutions is governed by 
the same laws that apply in the management of private business, and 
ought strongly to be advocated and persistently practiced. But to allow 
buildings and furniture to decay and rot for want of paint and varnish, is 
* not economy; to allow tables, chairs, lounges, etc., to go to destruction for 
lack of upholstering, is not economy; to economize a * stitch in time,' and 
spend nine times as much afterward, is not economy; neither is pinching 
appropriations, to be made up afterward by deficiency bills, economy. 
This nne Capitol and its attractive park should be kept up; not extrava- 
gantly, but ecomically, in a manner worthy of the great State they repre- 
sent." 

That official, in his report, asks for a change in the Act of last session 
appropriating money for painting the exterior of the Capitol and other 
State buildings, be amended so that the unexpended balance in the appro- 



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BIENNIAL MESSAGE OP GOVERNOR R. W. WATERMAN. 31 

priation could be used for dressing and polishing the granite story of the 
State Capitol, for, as it is now, there is a want of harmony between the 
clean white appearance of the newly painted upper portion of ihe building 
and the rusted water-stained base. 

The State Capitol grounds are in need of many improvements. The 
iron and granite fence and the concrete pavement should be extended all 
around them without delay. The concrete pavement should be laid in the 
rear of the Capitol, and the walks through the grounds are sadly in need 
of a top dressing of at least three inches deep of decomposed granite. The 
wooden steps now in use around the grounds should be replaced by granite, 
so as to be more in keeping with the surroundings, and rendering them 
less dangerous to pedestrians. That portion of the grounds extending 
eastward from Twelfth Street, and known as* the " Capitol Park Exten- 
sion," is far too low to justify thorough cultivation, and I recommend to 
your honorable bodies that the sum of $52,750 be appropriated to be used 
by the State Capitol Commissioners in the improvement of the State Capi- 
tol; such improvements to consist of filling in the "extension," moving 
trees, graveling Mralks and driveways, laying two thousand three hundred 
and forty feet of water pipes, purchase of hydrants, and raising old pipes, 
building conservatory, drinking fountains, ornamental music stand and 
seats, paving, and paving repairs around the Capitol. The improvements 
are necessary, and the sum named above is the estimate of competent 
engineers. 

I desire, also, to call your attention to the fact, that all the plans of the 
State Capitol building have been lost, and that it might at any time be- 
come necessary to know at once the exact location and system of gas, 
water, sewer, or heating pipes. A complete plan of the building should be 
procured and made a permanent record of the Secretary of State's office. 

The force o^ assistants to the State Gardener is far too small at present 
to properly care for the grass and trees and flowers, and the grounds which 
have become a matter of State pride, being considered by travelers the 
finest of any State in the Union, are suffering therefrom. All the writings 
of experienced gardeners and florists is to the point that one man cannot 
attend to more than from one half to one acre in flowers and grass, yet the 
laborers on the Capitol grounds are expected to take care of nearly three 
acres each. The force should be increased by at least fifty per cent upon 
its present number. 

ATTORNEY-GENERAL, 

The report of the Attorney-General gives a full and detailed statement 
of the proceedings of his office, during his incumbency. It will be seen 
that his labors have been heavy and important, requiring absence from 
the Capital, at the seat of national government, and elsewhere, in caring 
for and protecting the interests of the State. As his report accompanies 
this document, I will not refer to it further at this time, as all necessary 
information in connection with this office is there clearly, set forth. I de- 
sire to call the attention of the Legislature to the absolute necessity of 
providing the Attorney-General with more clerical assistance, and to that 
end an additional clerk should be allowed him, at such pay as may be 
deemed adequate for the services to be performed. It affords me great 
pleasure to recognize in this manner the kind and courteous treatment 
which has been extended the Executive office at all times by the Attorney- 
General. 



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32 BIENNIAL MEB8AGE OP GOVERNOR R. W. WATERMAN. 

STATE TREASURER. 

The report of the State Treasurer, while it is one entirely of figures, is 
nevertheless of marked interest to the citizens of the State generally, as 
giving a complete recital of the financial growth of the State for the past 
two years, showing unmistakably that its progress has been onward, and 
steadily so, and that its future is not problematical. The details of the 
great responsibility devolving upon the State Treasurer have been admir- 
ably carried out, and as it has been my duty to visit his oflSce at such times 
as I have deemed it necessary in meeting the requirements of the law, I 
have upon all occasions observed a thorough system permeating every 
branch of that important department of the State Government. 

Soon after my inauguration as Governor, I realized that the State Treas- 
ury was not properly protected against possible robberies, and under the 
authorization oi the Board of Examiners, a handsome and strong wire 
netting was placed around the counter, adding greatly to the appearance 
of the office, and giving ample protection to the State Treasury. There 
was no money with which to pay for the work, but I deemed that the 
State's money demanded as much protection as did that of banks and pri- 
vate individuals. The cost of this railing was $495, the payment of which 
I respectfully request. 

In December, 1884, the State Board of Examiners discovered that 
A. D. January, Deputy State Treasurer, was an embezzler of the sum of 
$39,542 27. It was possible for this to occur, because prior to that, as a mat- 
ter of accommodation to County Treasurers, who, as a rule, have no secure 
place at the county seats to deposit their money, the State Treasurer had 
been used to receive on special deposit any money that County Treasurers 
might choose to leave with him, giving his receipt therefor. This money 
was not in the State Treasury. It was held in trust by the State Treasurer, 
and the Board of Examiners did not, and could not, include it in their 
monthly counts. 

At the time it was discovered that the money had been stolen, there 
were receipts held by County Treasurers amounting to $53,752 77, and the 
State Treasurer only had in his possession the sum of $14,210 50. 

The State was not legally liable on these claims, but the Legislature of 
1885 recognized the equities of the case, and provided that the State 
Treasurer should receive these receipts as cash upon any future settlement 
of the County Treasurers with the State. These receipts are now, and 
have been since April, 1885, counted as "cash" by the Board of Ex- 
aminers in their monthly counts, and appear on the books of the Stat^ 
Treasurer and Controller as cash. This is wrong. It is contrary to good 
business principle and should be credited " losses." The receipts are not 
" cash " in any sense of the word. They are of the nature of a discharged 
liability. And I recommend that the Board of Examiners be authorized 
to cancel these receipts, and that the Treasurer and Controller be authorized 
to make such entries upon their books as will show this cancellation. There 
is also in the hands of the Treasurer a large amount of property of un- 
known value, which has accumulated from time to time, being from the 
estates of deceased persons, and forwarded to the State Treasurer by 
County Treasurers. Authority should be given to dispose of this property, 
and the amount realized therefrom to be turned into the General Fund. 



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BIENNIAL MESSAGE OP GOVERNOR R. W. WATERMAN. 33 

THE STATE BOARD OF EQUALIZATION. 

This Board has never been given the means and power to carry into 
eCTect the law touching upon their duties and the revenue of the State, and 
I commend to your favorable notice their report transmitted herewith, in 
which the following suggestions are made: That the Controller be author- 
ized to sell all property purchased by the State for taxes, under Section 
3897 of the Political Code, at any time after the time for redemption has 
expired, to any person appl3ring, upon payment of the taxes for each year, 
and costs, or at public auction. That the Legislature provide that the true 
consideration shall be expressed in each deed of conveyance, and to entitle 
the deed to record that there shall be appended to it an affidavit by one or 
both of the parties that the sum named therein is the true purchase price; 
and to enforce such provision it should be declared that a false considera- 
tion named, or failure to make the affidavit, renders the deed void or void- 
able, as the judgment of the Legislature deems wise. And that the Code 
of Civil Procedure should be amended so as to provide that appraisers 
shall take an oath to appraise property at its full cash value, as defined by 
the Political Code, meaning at its market value as understood in business 
and commercial circles. All of which I indorse; and I further desire to 
call your attention to the discussion in said report of the question of the 
loaning of money by State institutions. I quote as follows: 

The loaning of money by State institutions places the State in competition with the 
business of banks, disturbs the revenue system of the State and the various counties, and 
introduces an inequality between the counties in respect to the burden of taxation. For 
instance, the University at present holds mortgages to the extent of $641,687, distributed 
as follows: Alameda, $31,687 ; San Francisco, $48i5,000; Merced, $100,000; San Joaquin, $25,- 
€00. By the withdrawal of that much taxable property, for instance in San Francisco, the 
city and county rate is increased to raise the specific amount reqtiired for city and county 
purposes, which increase of rate is borne by the taxpayers. To illustrate: Suppose two 
counties, upon an assumed assessment, could each raise the same amount of money for 
county purposes by the levy of the same rate of taxation. Suppose the University, by the 
first Monday in March, should loan $100,000 in one county, has not the State, by such loan, 
withdrawn from that county that much taxable property and increased the rate of tax- 
ation of the citizens ? Again, by the withdrawal of taxable property through the medium 
of loans in certain counties, other counties have to pay more than their share of the State 
taxation. The State has no right to be unjust. The support of these institutions should 
be derived from general taxation, falling with equal pressure upon all property. While it 
may seem to savor of circumlocution, justice to the counties where State mortgages are 
not held, and to those engaged in loaning money, demands that the State mortgages 
should pay the taxes, both State and county, and that any deficiency in the funds for tne 
support of the institutions of the State should be met by general taxation. 

SUPERINTENDENT PUBLIC INSTRUCTION. 

A valuable report has been made by the above officer in regard to the 
educational interests of the State, which is sent you with this, and which 
is commended to your careful attention, as being of vital importance to the 
progress and prosperity of the State. It has been a popular remark, as the 
time served, to say that coal, gold, or cotton was king, and each have had 
strong and eloquent advocates, but to my mind education is king, and will 
be so recognized throughout the world; for, without sound, practical, use- 
ful education, there would be a total eclipse of all that contribute to make 
a nation enlightened and consequently prosperous. There are four thou- 
sand six hundred and two schools in the State, attended by two hundred 
and seven thousand and fifty pupils, at an annual expense to the State of 
over four millions of dollars, and during the year one hundred and two new 
school districts were created, being an healthful indication that the educa- 
tional future of the State is not doubtful. I regret, however, that that part 
3« 



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84 BIENNIAL MESaA^GB OF GOVEKNOR R. W. WATERMAN. 

of the school law of our State, relative to compulsory education, is not 
enforced^, and is practically a dead letter on the statute book. If those who 
are called upon to enforce its provisions, neglect their duty in that partic- 
ular, and cannot be compelled to carry them into effect, repeal the law, so 
that our statute book will not be burdened with superfluous matter. I 
desire to recognize in this the standing of the school teachers of the State, 
not as '^pedagogues" or ** school-marms," but as men and women to whom 
have been intrusted the most sacred of all responsibilities — ^the care and 
training of the children of California. 

THE. STATE LIBRARY. 

Shortly after assuming the duties of my oflSce information was imparted 
to me touching gross irregularities in connection with the management 
and conduct of the State Library and of the Librarian thereof. The 
charges were of so serious and damaging a character that, at first, I hesi- 
tated to take any steps in the matter, although the information came from 
a thoroughly reliable source. Finally, however, I deemed it my duty to 
make an investigation in regard to the general condition of the depart- 
ment referred to, and with a result disgraceful to those under inquiry and 
discreditable to the State. I was powerless, however, to act; first in the 
fact that the Trustees governing the State Library were chosen by the 
Legislature, and unconstitutionally so; and secondly, for the reason that 
the President of the Board of Trustees, so elected, stated publicly that, 
although every charge of malfeasance in office against the Librarian might 
be proved, he would not vote to remove him. I considered it, therefore, a 
useless- waste of time and money to pursue the investigation further, but 
to wait the time with patience when the Legislature convened and took 
cognizance of the case now in hand. 

As the law now stands upon the statute book, it makes a selection of 
five men as Trustees of the State Library, whose only purpose is to serve 
in the election of a State Librarian; then washing their hands of any fur- 
ther responsibility in the matter; the fact of the State disbursing about 
$37,500 per annum in the support of the State Library not being consid- 
ered a factor in the case. Had the authority not been unconstitutionally 
wrested from the Chief Executive of the appointment of five Trustees to 
govern the State Library, the fact of a Trustee taking the position referred 
to would have made but little difference, as the creator could have dis- 
posed of the creature very easily, and a derelict official, being proven so, 
could have been made to suffer for his malfeasance. As it now stands, 
the position occupied by the Chief Executive is mythical to some extent, 
and realistic in another. He has no power to appoint the Trustees, as his 
rights in that particular have been invaded by another department of the 
Government; and, on the other hand, he realizes in the fact, that when 
one of these unconstitutionally elected Library Trustees dies, resigns, or 
vacates, the Chief Executive is empowered to fill the vacancy by appoint- 
ment. Notwithstanding the gross and ridiculous inconsistency of this 
condition of affairs, the only constitutional act in connection with the life 
and vitality of the Board in question, is the filling of a vacancy therein 
by the Executive. 

Under the system now in vogue, and which was made effective by legis- 
lative action in order to benefit a certain state of affairs, it only required 
three votes out of five Trustees to elect a Librarian, and it required a unan- 
imous vote of the Trustees to oust him; hence, when the Trustee referred 
to made the announcement he did, and to which I have before referred, he 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN: 35 

was well aware of the power he wielded, and knew that no harm could 
befall the ofl&cer under investigation by reason of his action. ^ 

In discussing this subject I have several times referred to the unconsti- 
tutionality of the manner of electing the Trustees of the State Library. I 
now declare they are unconstitutionally elected, and have been so hereto- 
fore, and possess no legal right or power to act under the Constitution. I 
am borne out in this declaration by the Constitution of the State itself, as 
is clearly set forth in Article III of that instrument, under the Distribution 
of Powers, Section 1, which says: 

Section 1. The powers of the government of the State of California shall be divided 
into three separate departments— the legislative, executive, and judicial; and no person 
charged with the exercise of powers properly belonging to one of these departments shall 
exercise any functions appertaining to either of the otners, except as in this Constitution 
especially directed or permitted. 

To my mind there could be nothing plainer than that in the course which 
has been pursued in the election of the Trustees by the I^egislature there 
has been a gross usurpation of the powers vested in the Executive by the 
Constitution itself, and the Constitution trampled into the dust by the 
action complained of. Let us go deeper into the subject and find out 
exactly what is the accepted definition of the words " legislative and exe- 
cutive." Webster defines "legislative" as "giving or enacting laws.'* 
Now the election of Trustees of the State Library cannot, in any sense, be 
construed as " giving or enacting " a law. Webster further says that the 
executive is " carrying into effect," and in a note says, " in government 
executive is distinguished from legislative and judicial; legislative being 
applied to the organ or organs of government which make the laws; judicial 
to that which interprets and applies the laws; executive to that which car- 
ries them into efiect. 

With this I transmit to your honorable body a full report of the testi- 
mony and action taken in the investigation above referred to. 

When a wrong exists by reason of ignorance of its characteristics, it can- 
not be said to be entirely a wrong; but when its characteristics are clearly 
developed and shown, it then oecomes an indefensible wrong when a 
remedy is not promptly applied by those in whose hands the remedy rests. 

STATE PRINTING DEPARTMENT. 

The report of the Superintendent of State Printing gives fully and 
intelligently the workings of the department since he took charge of the 
office Octooer 1, 1887, and is respectfully submitted for your consideration. 
That changes should be made in the building devoted to this work does 
not admit of a doubt, and there should be no delay in investigating the 
matter, so that proper protection may be given the valuable property therein 
contained as well as the lives of the employes. The building now used as 
a State Printing Office has, from the constantly increasing volume of 
work from the various State Departments and Commissions, become too 
crowded for the economical execution of the work, or the safety of those 
employed there. More room, especially for the bindery and press-room, 
is imperatively demanded; and I recommend that an addition be made to 
the west side of the present structure, of such dimensions and capacity 
as to meet the increasing requirements, and that an appropriation be made 
with as little delay as possible in the fulfillment of this object. I fully 
agree with the Superintendent of State Printing, that the organization of 
his office is of the very best description, and a credit to the State in every 
department. 



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36 BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 

SURVEYOR-GENERAL. 

The report of this officer commends itself to your earnest attention, set- 
ting forth as it does, and in a concise manner, the operations of a depart- 
ment fraught with the greatest interest to all classes, being closely connected, 
as it is, with the progress and welfare of the material values of the State. 
The statements contained in this report furnish the evidence of the steady 
and faithful work done by the department under the control of the officer 
named, and the intelligent attention bestowed upon all matters coming 
before him for adjudication and settlement is in proof, also, that he pos- 
sessed discrimination and judgment. For the reasons given for other 
recommendations of similar character, I recommend that the Surveyor- 
Greneral be allowed to employ another clerk, in order to properly facilitate 
the important work to be done in his office. In this connection it may be 
proper for me to discuss other points bearing upon the land question of the 
State, which I will do as foUows: 

PRODUCTIVE AREA OP THE STATE, 

It is estimated that the aggregate productive area of the State of Cali- 
fornia is seventy-nine million acres, including arable, grazing, desert land 
which may be irrigated, and swamp and overflowed lands which may be 
reclaimed. Of the remainder, it is estimated that twenty million acres 
consist of rugged and, for the most part, heavily timbered mountains, 
covered with valuable redwood, pine, cedar, spruce, and oak timber. 

LAND GRANTS FOR EDUCATION, 

Congress, under the sixth section of the Act of March 3, 1853, donated 
to the State of California, for the support of our common schools, sections 
sixteen and thirty-six, or where lost to the State, indemnity therefor. 

This grant by the Government of one eighteenth of all the public domain 
in California, aggregating five million five hundred thousand acres, together 
with five hundred thousand acres for the purposes of internal improve- 
ment — seventy-two sections, or forty-six thousand and eighty acres, for a 
seminary of learning — ^ten sections, or sixty-four hundred acres, for the 
erection of public buildings — one hundred and fifty thousand acres for 
the benefit of agriculture and the mechanic arts — ^and all the swamp and 
overflowed lands within her borders, was imperial in its munificence. 

SCHOOL LAND LAWS, 

The first law concerning the sale of sections sixteen and thirty-six, and 
lands in lieu thereof, was approved April 26, 1858, which provided that 
Boards of Supervisors of the counties could dispose of these lands for not 
less than $2 per acre, in tracts of one hundred and sixty acres. If a settler, 
he was privileged to purchase at the rate of $2 50 per acre. 

On April 27, 1863, an Act was approved concerning the sale of school 
lands — the unsold portion of the five hundred thousand-acre grant, the 
ten-section grant, the seventy-two section grant, and the one hundred 
and fifty thousand-acre grant — fixing the price at $1 25 per acre, in tracts 
of three hundred and twenty acres, without settlement. 

The provisions of this Act above recited, as to price and settlement, were 
retained in the Act approved March 28, 1868, which also included a sec- 
tion providing that the one hundred and fifty thousand-acre donation 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 37 

known as the " University grant," be selected and disposed of by the Board 
of Regents in such manner as they shall deem best. 

The general provisions of the Act approved March 28, 1868, as to the 
sale of school land, prevailed until January 1, 1880, when the New Con- 
stitution took effect. 

Article seventeen, section three, of the new Constitution provides: "Lands 
belonging to the State, which are suitable for cultivation, shall be granted 
only to actual settlers, and in quantities not exceeding three hundred and 
twenty acres to each settler, under such conditions as shall be prescribed 
by law." 

In April of 1880 the Legislature, following, as they believed, the letter 
and spirit of the Constitution, amended existing land laws, and provided 
that school and indemnity lands should be sold to actual settlers only, but 
adhered to the minimum price of $1 25 per acre. 

By the Act approved March 18, 1885 (the present school land law), the 
Act of April 28, 1880, was amended, a new policy inaugurated, ana the 
remaining school lands opened up to private entry at $1 25 per acre, in 
tracts of six hundred and forty acres to each applicant. It was a law 
ingeniously framed, ill advised, and would seem to have been enacted 
entirely in the interests of land speculators, who treat an affidavit as mere 
form. The fees to be received for filing were reduced one half, by increas- 
ing the quantity of land that each person could apply for; while every 
guard against a waste of the school land grant was thrown down by this 
law. Since its enactment the school and lieu lands have been rapidly 
transferred out of State ownership, and are now being crowded upon the 
market in entire disregard of the funds for which they were dedicated. 
An examination of the tables printed in the report of State Surveyor- 
General Reichert show that for the two years ending August 1, 1888, appli- 
cations were received and filed for three million one hundred and sixty- 
three thousand eight hundred and sixty-three (3,163,863) acres of school 
lands, or nearly six times the number of acres applied for the two pre- 
ceding years, and over eleven times the number of acres applied for the 
two years ending August 1, 1884. During the same time four hundred 
and eighty-seven thousand five hundred and twenty-three (487,523) acres 
of school lands were sold ; and during the six years ending August 1, 1888, 
nine hundred and forty-eight thousand three hundred and thirty-six 
(948,336) acres of school lands were sold and certificates of purchase 
issued, at the upset price of $1 25 per acre. 

As the State Surveyor-Greneral so felicitously remarks: "The large 
increase of fees received shows conclusively that never before in the 
history of this office has such an unprecedented amount of business been 
transacted." 

It is important in the interests of our public school funds that we realize 
the greatest returns from the sales of our lands, rather than from fees paid 
for the great number of applications filed, nearly six sevenths of which 
are abandoned, forfeited, or expire by limitation. 

The possibilities of this munificent grant to the State for the support of 
our common schools have in no wise been realized, while under defective 
and improvident laws the school revenues have been ruinously reduced to 
the extent of millions of money. 

While California has been selling her school lands at the absurdly low 
price of $1 25 per acre, Michigan has been realizing over $5 per acre; 
Indiana, about f4 per acre; Illinois, about $4 per acre; Ohio, over $5 50 
per acre; Colorado, from $3 to $50 per acre; Nebraska, not less than $7 per 
acre, for lands obtained under the same grant; while in Minnesota $5 per 



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38 BIENNIAL MESSAGE OF QOVERNOB B. W. WATERMAN. 

acre is the minimum price, and she has sold one million acres of her 
school lands at an average of $6 per acre. In Kansas, school lands are 
sold after appraisement, the minimum price being $3 per acre. 

Immigration is large, lands are rapidly increasing in value, and Section 
3494 of the Political Code should be so amended that our remaining school 
lands be sold for a price commensurate with their value, made subse^rvient 
to the purpose for which they were donated, and legislation enacted from 
the standpoint of finance — ^revenue being their sole object. 

CONGRESSIONAL LEGISLATION. 

Many of the school sections claimed by the State are situate within the 
mineral belt. Under decisions by the Interior Department the State has 
heretofore been denied the right oi selecting other lands in lieu thereof. A 
bill is now before Congress, known as Senate Bill 419, which by its terms 
grants lieu or indemnity to the State for school sections claimed by the 
United States to be mineral land. This bill has passed both houses of 
Congress, and, under a liberal construction by the Interior Department, 
the State will be allowed to select about one hundred thousand acres of the 
public domain in this State as lieu or indemnity lands, which will be a 
most valuable concession to the School Land Fund, if not needlessly sacri- 
ficed under existing laws. 

SWAMP AND OVERFLOWED LANDS. 

Up to July 1, 1884, the State had selected one million eight hundred 
and seventy-five thousand one hundred and twenty-five (1,875,125) acres 
under this grant; while up to August 1, 1888, there had been listed to the 
State by the United States one million seven hundred and forty-eight thou- 
sand seven hundred and twenty-six (1,748,726) acres. Under the provis- 
ions of this grant no revenue has been received from the State by sales, 
and the disposition of the same has always been a bill of expense to the 
counties and the State. The benefits which may have been derived from 
this swamp land donation must always remain a matter of conjecture, for, 
under its expansive terms, it has been fruitful of widespread spoliation and 
plunder in the name of the State. 

CONCESSION OF JURISDICTION OVER LANDS PURCHASED BY THE UNITED 

STATES. 

The United States Government has recently purchased a piece or parcel 
of land in San Luis Obispo County, more particularly described as follows: 
" Commencing at Point San Luis Obispo, the most southerly portion of 
said land, and running thence westerly along the coast line eighty rods, 
thence at right angles northerly sixty yards, thence at right angles easterly 
eighty rods, or thereabouts, to the line of the coast of the bay of San Luis 
Obispo, thence southerly following the coast line to the point of beginning, 
and containing thirty acres of land, more or less." Upon which it is in- 
tended to erect a lighthouse, fog-signal, keeper's dwelling, and other build- 
ings, as may be necessary, and under the provisions of Section 4661, 
Revised Statutes, United States, no such improvements can be made until 
cession of jurisdiction over the land be made to the United States, it 
becomes in the interest of the State, obligatory upon this Legislature to 
make such cession of jurisdiction. 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 39 

The United States Grovemment has also acquired title, by purchase, of 
a certain portion of land situated in Sacramento City, more particularly 
described as follows: West one half of lot seven, and all of lot eight,- in 
block J and K, and Seventh and Eighth Streets, Sacramento City. This 
is a frontage on K Street of one hundred and twenty feet, and on Seventh 
Street one hundred and forty feet. 

Upon which it is intended to erect a public building to be used by the 
Post Office Department and other Government officials, located in this city. 
Section 355, Revised Statutes of the United States, provides that no public 
building can be erected by the United States Grovemment until the State 
wherein the building is to be erected cedes all jurisdiction over the land 
to the United States. This should be done at your present session. 

In this connection I think it advisable to frame such a law that when- 
ever the United States shall hereafter acquire title to any land or lands 
within this State by purchase or grant for the purpose of erecting any pub- 
lic building thereon, that the jurisdiction over such land or lands be vested 
in the United States, by the act of purchase or grant, or else authorize the 
Executive in the name of the people of the State to cede sucR jurisdiction 
to the United States upon application and proof of having acquired title. 



The necessity for the construction of a residence for the Governor of the 
State becomes more and more apparent, and I earnestly hope the Legisla- 
ture will take such cognizance of my recommendation as will lead to. the 
erection of such a building. Most of the States of the Union make such 
provision, and on an elaborate scale; and, therefore, there is precedent for 
the suggestion. But whether there is or not, this State, under its present sys- 
tem, is in need of a mansion in which the Chief Executive may reside and 
maintain the dignity of his office and meet the many personal demands 
upon him, without impoverishing himself in the process. I have no sug- 
gestions to offer as to the expense attendant upon the construction of the 
edifice in question, leaving that to the wisdom and intelligence of the 
Legislature in making an appropriation to carry out the proposition, but it 
should be with a liberality in accordance with the high position of the one 
destined to occupy it, ana the greatness of the State. 

OFFICE OF STATE ENGINEER. 

Two years ago there was an appropriation made, with the proviso that it 
should be in full, for the completion of all work then in the hands of the 
State Engineer. A special report which this officer has recently submitted 
to me, and which I transmit to you, explains the details of the situation 
in this department. Three volumes of tne report are completed, the third 
of which awaite an appropriation for publication. I believe this officer has 
faithfully and well performed his duty, and that whatever has been done 
by him concerning which question has been raised, was done for the best 
interest of the State, and has saved much time in bringing out the resulte 
of the work, as well as money in attendant expenses. 

IRRIGATION. 

I earnestly call your attention to the subject of irrigation, impressed as 
I am with the belief that on a general extension of the practice of irrigation 
very much of the future greatness of California and of the prosperity of our 



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40 BIENNIAL MBS8AQE OF GOVERNOR R. W. WATERBiAN. 

people is to depend. In some portions of our State the artificial watering 
of lands is almost an absolute necessity to the profitable tillage on all but 
exceedingly limited areas. We may look to the majority of present well 
and profitably tilled farms worked without irrigation, as things of to-day; 
the near future will dictate the marriage of these fields with the irrigation 
canal, as tlie present is prompting it and urging it in several of our more 
notable general farming counties. Supporting an average of ten to twenty 
people to the square mile is quite a different thing from supporting eighty 
to one hundred, or two hundred, as some irrigated sections of Europe effect 
such support. 

Our State has made many attempts at legislation on this subject. Two 
years ago a law was passed providing for the formation of irrigation dis- 
tricts. A number of commencements have been made under it, but so far 
as known to me at this time, not more than one or two have succeeded in 
the great essential step of placing their bonds. At any rate, many have 
signally failed in this effort, and have apparently given up the attempt. 
The law must in some way be defective, ana should, therefore, receive your 
earnest attention. 

In financial circles it is said that although the security offered under 
the law for the bonds in the way of land mortgage and mortgage on works> 
etc., there is no sufficient guarantee that the money will be expended as 
designed, or that the works will be eflScient. In other words, the bond- 
holders would fear, not the ultimate payment of bonds, but the collection 
of interest on them, and the probable foreclosure to effect final collection. 

The districts, particularly the smaller ones, are looked upon as irrespon- 
sible, and likely to be troublesome debtors, outside of the matter of bottom 
security. It seems to me that this defect is to be remedied only by having 
the State in some way made a sponsor for the districts; not necessarily 
an indorser, but a controller to the extent that the bondholder will feel that 
the affairs of these districts are to be properly managed, and the moneys 
judiciously expended; that the plans of work are good, the estimates suffi- 
cient, and the administration efficient. 

Again, in the matter of forming districts. There is great complaint on 
part of those taken in who do not want to be in, and who do not need irri- 
gation. It seems to me a questionable power to give a majority of dry 
land owners the power to vote a minority of comparatively moist land 
owners into a district in which they do not want to be, with no appeal but 
to a Board of Supervisors elected by the majority. There is no justice in 
it, neither does it present a very businesslike aspect. 

I call your attention to the fact that in all other countries where irriga- 
tion is protected the two very points on which I have touched are regulated 
by the State. 

Again, in the matter of diversion of waters from navigable as well as 
unnavigable streams. In no other country is it permitted to do so without 
some State supervision. Are we bringing trouble on our people by build- 
ing up a system without safeguards found absolutely necessary elsewhere ? 

Some years ago the Legislature provided for an investigation of the sub- 
jects, and placed it in the hands of a State Engineer. The first volume of 
the first report of this officer appeared in 1886; the second volume is now 
out. I commend this work to you. The first volume is regarded as the 
best authority extant on the subjects of which it treats — the legislation 
and administration of irrigation. It is sought for from other countries, 
from other States, and within the past two months ten copies have been 
forwarded by our Secretary of State, on an order from the Department of 
the Interior in Washington, and our State Engineer has been sought for 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 41 

by telegram and summoned to Washington to advise in the department 
there upon the subjects which he has had in hand for us. 

AGRICULTURE. 

Agriculture invites and demands your thoughtful and earnest attention. 
It is the prime industry upon which all others depend. If it prospers all 
others will prosper ; if it languishes all others will languish with it. It is, 
therefore, entitled to your highest consideration, and it should be fostered 
by all the means in your power. 

The past history of agriculture in California has been such as to justify 
the pride we feel for its development. A third of a century ago, the State 
was one vast pasture. The first ten years of American occupation saw a 
revolution from grazing to grain growing. In thirty years the number of 
farms had increased from eight hundred and seventy-two to thirty-five 
thousand nine hundred and thirty-four, and their value from a few thousands 
of dollars to $262,051,282. The nopulation of the State had increased 
from ninetv-two thousand five hundred and ninety-seven to eight hundred 
and sixty-four thousand six hundred and ninety-four, and of that number 
onlv thirty-five thousand nine hundred and thirty-four were farm owners, 
and the total number of people engaged in agricultural pursuits was only 
seventy-nine thousand three hundred and ninety-six. Only thirty-five 
thousand nine hundred and thirty-four people of our rural population had, 
therefore, ownership in the soil, and such a special interest as would lead 
them to make great sacrifices in the defense of their homes. This subject 
of rural population is worthy of your consideration. Its satisfactory in- 
crease can be made only by an increase of the land holdings, and by 
binding the people to the soil by ownership. 

The latest official returns show that the average of the holdings of land 
in the State is as high as three hundred acres. Of less than thirty-six 
thousand farms there are more than two thousand five hundred that have 
more than one thousand acres each. Seven per cent of our farms, there- 
fore, contain more than one thousand acres. The percentage of our farms 
amounting from five hundred to one thousand acres in extent is also 
incomparably higher than in any other State. 

On the other hand, the relation which the number of our small farms 
bear to the whole number of land holdings'is less than in other States. 

HORTICULTURE.J 

Horticulture, which is in part the small farming we so much need, has 
made great progress in the past two years. The acreage planted to trees 
and vines has greatly increased, better varieties of fruit trees and vines 
have been introduced, better modes of tillage and preparing fruit for 
market have been adopted, and the cnrganizations for marketing the pro- 
ducts of our orchards, vineyards, and vegetable farms have been perfected 
and are doing great work. I would suggest that you inquire whether the 
laws relating to the prevention and extirpation of insect pests can be sup- 
plemented, in order that they may be made more effective. 

To maintain a diversified trade, build up a system of varied manu- 
factures, we should have a diversified and extended production of the soil. 
We have here a climate that makes possible the production of a greater 
variety of food and textile plants than in any other section of our country. 
We can grow cotton, hemp, and flax equal in quality and quantity to those 
of the most favored sections. The production of these staple textile plants 



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42 BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 

would build up great industries, which would give employment to large 
numbers of people, build homes, and retain larg^ sums of money in the 
State. The production of sugar is making rapid and sure progress. The 
manufacture of sugar from the beet has been carried on successfully for 
years at Alvarado, and in the past year a large factory has been established 
in Monterey County, and large areas have been planted to the sugar beet. 

As these branches of agriculture, as well as horticulture and viticulture, 
require more skill and technical knowledge than ordinary tillage, it may 
be proper for you to consider whether the elementary principles pertain- 
ing thereto may not be taught with profit in our schools, attended 63' tliose 
who are to engage in these occupations. A technical knowledge, com- 
bined with practical experience, would seem to promise greater usefulness 
to individuals and to the State. 

The experience of the past has fully demonstrated that the annual State 
and District Fairs, where the products of the fields, pastures, mills, forges, 
and forests are exhibited, have been productive of great good, and I com- 
mend these State institutions to your consideration and care, that you may 
adopt such means as will enlarge and extend their fields of usefulness. 
The appropriations for their support should be so ample as to enable them 
to offer liberal premiums for the introduction of new and better food and 
forage plants, and for the best individual and county exhibit from the 
fields, factories, orchards, and vineyards. 

STATE WEATHER SERVICE AND CROP STATISTICS. 

As referred to by the State Board of Agriculture, in their report to this 
office for the year 1887, I most heartily indorse the suggestions made 
therein for the establishment of a State weather service for the collection 
of data upon crops, and climatic changes as they are likely to occur, in 
all portions of the State. 

The interest developed and attention attracted to our State by the 
meteorological statistics, published annually by the department mentioned, 
have been of sufficient importance to establish the fact that information of 
the character referred to is eagerly sought by all, and should be provided 
for, that publications could be made at shorter intervals. 

This system could be incorporated under the supervision of the State 
Board of Agriculture at a nominal cost, and a small appropriation made 
for its maintenance, whereby monthly or weekly bulletins could be issued, 
giving status of crops, with climatic changes in all portions of the State. 
From a commercial point of view, these reports issued at intervals from 
this source would be of great value. 

There are at least twenty-five States in the Union that have similar ser- 
vice in successful operation, and of incalculable benefit to the common- 
wealths where operated. 

NATIONAL GUARD. 

The biennial report of the Adjutant-General is hereby submitted and 
your attention respectfully called thereto. 

The policy of maintaining in each State a body of citizen soldiery was 
adopted by the founders of this nation, the wisdom of which grows more 
manifest as the years go by. 

It is impossible to estimate the value of the moral effect of having always 
at hand a well armed and well disciplined force, which can be made avail- 
able in case our peace is threatened or our property endangered by the 
uprising of any lawless element which may get beyond the control of the 



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BIENNIAL MESSAGE OF QOVERNOB R. W. WATERMAJN. 43 

civil aathoiities. There is no doubt in my mind that the very exifitence 
of such a force has prevented the destruction of millions of dollars of prop- 
erty and the loss of many lives. I therefore believe it to be the duty of 
the State to encourage and provide for the maintenance of such an organi- 
zation in the fullest and most liberal manner, by making such appropria- 
tions as may be necessary. 

Other States are realizing the importance of maintaining efficient Na- 
tional Guard organizations, and are providing liberally for the same in the 
way of constructing substantial and safe armory buildings, purchasing 
and fitting up encampment grounds, uniforming, arming, and equipping 
the organizations, and in other ways promoting the efficiency of the State 
military forces. This great State should not be behind the others in that 
re«|)ect, but should endeavor to surpass them and have a military organ- 
ization which will not only be a source of pride to its citizens, but be a 
model for other States to follow. 

The last Legislature authorized the organization of ten new companies, 
but made no provision for their support. Those companies have been 
organized, and so far the members have advanced all of the funds neces- 
sary for their maintenance. I hope that the same liberal appropriation for 
uniforming them will be made as was voted for the old companies. 

There will be a bill introduced providing for certain important changes 
in the law governing the National Guard, for which I respectfully ask your 
favorable consideration. I would, therefore, respectfully recommend that 
appropriations be made to carry out the provisions of the law. I would 
also recommend that provision be made for annual encampmente, and for 
the revision of the records of California volunteers, as suggested in the 
report of the Adjutant-General. 

THE VETERANS*- HOME AT YOUNTVILLE. 

By an Act of the Legislature, approved March 7, 1883, there was appro- 
priated the sum of $150 per annum for the support of each veteran inmate 
of the Home at Yountville, not to exceed in the aggregate the sum of 
$15,000. This limited the support to one hundred men. At the session of 
1887 the appropriation was increased to $30,000, so as to provide for two 
hundred men. This sum, with the sale of the products of the farm of 
nine hundred and ten acres, owned by the association, has been the source 
from which the revenues of the Home have been drawn; and the sum, 
though but a small gift from a great and prosperous State, has been in the 
line of true charity, and has aided many worthy and destitute veterans in 
time of sore need. With this sum, during the year 1887, the Home sup- 
ported and cared for a daily average of one hundred and seventy-two ex- 
soldiers, at a cost of $26,280 23. The report for 1888 is not yet published, 
but I am informed by the authorities of the Home that the number of 
veterans supported during that year exceeded a daily average of two hun- 
dred. There is now t^o hundred and forty-seven on the rolls, and no 
accommodations for anv more, although more than fifty applications for 
admission are now on fife. 

Two years ago Congress made an appropriation with which to build a 
Branch of the Veterans* Home for Disabled Volunteers, to be located in 
this State. The site chosen was Santa Monica, in Los Angeles Countv, 
where work is progressing in the construction of suitable buildings, which, 
as soon as completed, will receive from the Home at Yountville all of the 
inmates who are eligible to admission, and the Home will no longer need 
the aid heretofore granted by the State. 



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44 BIENNIAL MESSAGE OP GOVERNOR R. W. WATERMAN. 

By the provisions of an Act of Congress, approved August 27, 1888, a 
State or Territory may establish a State Home for disabled soldiers and 
sailors who have served the United States in any war, and become dis- 
abled and incapable of earning a living, and for the support of every such 
inmate of such Home, the United States pays the sum of $100 per annum. 
Now, if the Veteraps' Home Association will transfer to the State the title 
to the lands and improvements thereon, known as the Veterans' Home at 
Yountville, for the purpose of establishing a State Home for Disabled 
Soldiers; I would recommend that the State accept the same; and that 
the appointment of Directors be provided for, and that the necessary pro- 
vision be made for the proper conduct and management of such State 
Home as the wisdom of the Legislature may deem best. I make this 
recommendation because it has been hinted that the association would 
make a tender of the property to the State, and that there may be many 
ex-soldiers, who, by reason of some technicality, might not be admitted to 
the National Home, who richly deserve support in their disability and old 
age. And there may also be many who would prefer, because of disease 
or other consideration, to live in the Napa Valley, rather than in the south- 
ern part of the State. 



By Act approved April 1, 1870, the Surveyor-General of the State was 
authorized to appoint and employ an agent in Washington. 

Under Act approved January 19, 1874, the above law was repealed, since 
which time the State has had no legally constituted agent or attorney in 
Washington. 

Soon after assuming the duties of Chief Executive of this State, my 
attention was called to numerous appointments held by Captain John 
MuUan, of San Francisco, from the Governor and State Surveyor-General 
to act as agent for the State in Washington. 

Knowing that these unauthorized appointments, if allowed to continue, 
would necessarily lead to inevitable confusion, with great loss to the State, 
I did, on February third, sixth, and tenth, revoke all of said appointments, 
as is shown by the following communication: 

Executive Office, > 

Sacbamknto, February 10, 1888. f 
Captain John Mullan, WathingUm^ D, C: 

Referring to my telegrams of the third and sixth, respectively, and after due and care- 
ful consideration of the matters therein referred to, 1 am convinced that certain appoint- 
ments as agent and attorney to represent the State in Washington, made to you by the 
Governor and State Survejror-General, and which you endeavored to have ratified and 
confirmed, with a commission of 20 per cent fixed as your fee by concurrent resolution of 
March 3, 1883, and March 3, 1885, should be and are hereby most emphatically revoked. 

This revocation applies specially to the appointment by Surveyor-General Mmis, Novem- 
ber 1, 1878, in the matter or the 6 per cent claim, aggregating nearly $1,000,000. 

To the appointment of Governor George C. Perkins, December 12, 1882, in the matter of 
"Direct Tax of August 5, 1861," aggregating over $200,000; also that of March 7, 1882, in 
the matter of the "Modoc War Claim;" also that of July 12, 1882, being "Claim for 
money expended and indebtedness assumed in repelling invasions and Indian hostili- 
ties," together with interest on the same; also claims under the provisions of the Act of 
Congress of June 27, 1882, known as the " Rebellion Claims," aggregating $2,938,623. 

To the appointment of (lovernor George Stoneman, March 31, 1884, in the matter of 
"Claims of tne State of California growing out of Indian hostilities," and in the matter of 
all moneys that have been paid in or may be due by the State of California on account of 
Indian war claims, or Indian war bonds, or coupons issued bv the State for the purpose of 
recovering from the United States the payment of the whofe of these, together with the 
interest due on the same, aggregating several hundred thousand dollars. 

To the appointment of Surveyor-General Willey, October 24, 1883, and December 1, 1885, 
in the matter of " refunding certain fees " and '* indemnity for certain swamp lands " therein 
mentioned. 



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BIENNIAL MESSAGE OF QOVERNOR R. W. WATERMAN. 46 

The appointments above enamerated, when taken in connection with the appointments 
named and attempts to be confirmed in the concurrent resolutions of March 3, 1883, and 
March 3, 1885, are yag^e, indefinite, and uncertain, and that there may be no mistake I 
hereby revoke all appointments held by you from the Governor or State Surveyor-General, 
of whatever kind or nature, or namea in said concurrent resolutions. 

(Signed) R. W. WATERMAN, Governor. 

The entire amount involved in these claims covered by these several 
appointments is over four million ($4,000,000) dollars, of which amount 
Mullan would secure 20 per cent, or one fifth of the same, equal to eight 
hundred thousand ($800,000) dollars. 

Captain John Mullan has already received seven thousand seven hundred 
and thirty-five dollars and thirty cents ($7,735 30) as compensation for 
alleged services in the matter of the ** Direct Tax" — this sum having been 
paid him by Governor Stoneman, on September 25, 1884, out of an appro- 
priation made by Congress, of thirty-one thousand five hundred and eighty- 
three dollars and twenty-six cents ($31,583 26), while the same was tn 
trarmtu from the National Treasury in Washington to the State Treasury 
in Sacramento. 

His favorite method of insidious attack on the General and Common 
School Fund of the State was by securing appointments from the Grovernor 
or State Surveyor-General, and into this crafty entanglement of executive 
appointments were woven a medley of legislative concurrent resolutions, 
attempting to confirm these appointments, and directing the Governor to 
fix his compensation, and pay him (Mullan) 20 per cent for alleged servi- 
ces rendered, or one fifth of the entire amount to be appropriated by Con- 
gress. 

I think it clear that no executive o£Gicer of the State, in the absence of 
any legislation, was qualified to appoint Captain John Mullan, of San 
Francisco, agent and attorney in Washington; and that all such appoints 
ments were issued without authority of law, and any attempt to ratify or 
confirm said void acts would itself be void. 

The adoption by the Legislature of concurrent resolutions March 3, 1883, 
and March 3, 1885, was neither wise nor prudent legislation on the part of 
the State; nor is it probable that the Legislature had any just conception 
of the financial propositions involved therein. It is hardly necessary to 
call your attention to the illegality of these unauthorized appointments 
and concurrent resolutions so skillfully drawn, and it is difficult to see how 
they and the Constitution can be reconciled. 

The attempted donation of these large sums of money to Captain John 
Mullan, without consideration or service to the State, out of Congressional 
appropriations that rightfully belong to the people, through unauthorized 
appointments and concurrent resolutions, is not warranted by the Consti- 
tution, as declared in Sections 15 and 22, Article 4; Section 4, Article 9, 
and Section 16, Article 20 — he never having been legally appointed or con- 
firmed, has filed no official bond, and has never qualified as such officer or 
appointee, as provided by the law of this State. 

My action in revoking these appointments has been governed by a deter- 
mination to save to the State the large sum of money attempted to be 
given to Captain John Mullan for alleged services, which are without a 
pretense of necessity, for the reason that the matter of these claims is one 
purely of legislation and for the favorable action of our Senators and mem- 
bers of Congress. 

THE PROFESSIONAL TRAMP ELEMENT. 

There is an urgent request from all portions of the State that effective 
measures be adopted to destroy the " professional tramp " system which 

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46 BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 

now infests it. This nuisance, for such indeed it is, has been increasing 
steadily, until now it has become a burden upon the people. It is danger- 
ous to the greatest degree, and has been permitted to grow to such an 
extent as to place it almost beyond the pale of control. Each year great 
and irreparable damage is done by the tramp element in the destruction of 
grain fields by burning, and by attacks upon public and private property. 
It seems to me that some remedy that would effectually wipe this tramp 
nuisance out of existence could be adopted, and I ask your consideration 
of the subject with that end in view. 

THE CHINESE QUESTION. 

I congratulate you, and most sincerely so, that the Chinese question has 
been forever eliminated from all legislative action in this State by reason 
of the passage and signing of the Exclusion Act. 

TRAIN-WRECKING. 

Your attention is respectfully called to the perpetration of a crime which, 
fortunately thus far, has not yet fastened itself upon the State, in the ma- 
turity of its growth; but enough has already transpired to give warning 
that the seed has been sown, and unless eradicated by the most determined 
treatment, will grow to a menacing strength, and train-wrecking will neces- 
sarily claim a place in the annals of desperate and fiendish crime. I, 
therefore, respectfully recommend that an amendment to the Penal Code 
be adopted, making train-wrecking a capital offense, assessing the punish- 
ment at death, when the crime is lully established and proven and life is 
involved in the act; and where life is not sacrificed, the intent should be 
punished by imprisonment in the State Prison for a term of not less than 
ten years. 

THE STATE BURIAL GROUNDS. 

Neglect of the dead seems to be one of the characteristics of a republic, 
and California, with all her boasted wealth, enterprise, and progress, is not 
free from the charge. The State burial ground, situated in the City Cem- 
etery at Sacramento, deserves your consideration. Therein are buried the 
remains of eleven former State officers, as follows: Hugh C. Murray, Chief 
, Justice of the Supreme Court; Wm. I. Ferguson, State Senator from Sac- 
ramento County; John C. Bell, Assemblyman from El Dorado County; 
Thomas Campbell, Assemblyman from Calaveras County; T. A. Springer, 
State Printer; Wm. H. Weeks, Secretary of State; Royal T. Sprague, Chief 
Justice of the Supreme Court; J. W. Mandeville, State Controller; T. M. 
Logan, M.D., Secretary of the State Board of Health; John C. Baker, 
Assemblyman from Sacramento County; William Irwin, ex-Governor and 
State Harbor Commissioner; and Henry Edgerton, Trustee of State Library; 
most of whose graves are unmarked. The four monuments erected by the 
State to the memory of Murray, Ferguson, Bell, and Campbell are crack- 
ing and falling to pieces. The iron fence, built by the State in 1866, is 
badly rusted, and the brick foundation upon which it rests is dilapidated, 
and decay and neglect is apparent everywhere. It is with difficulty that 
the graves of five of the State's dead can be located. 

It seems to me that the brave and generous men whose lives were spent 
in the service of the State, and who, when the shadow of the Angel of 
Death fell across their paths were found at their posts faithful to every 
duty, deserve some consideration from the living, some mark of apprecia- 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 47 

tion of their many and valuable services by the State. " Nor praise, nor 
blame, nor love nor hate, nothing can touch them further now,'^ but they 
deserve something more than the mere encomium, " Well done, thou good 
and faithful servant." 

I would suggest that the State, after rebuilding the walls, should erect, 
in the center of the plot, a monument of massive build, upon which the 
names and services of the dead should be inscribed, leaving suflScient space 
to perform the same service to those who may hereafter be called from 
• official life in this State to their eternal rest. It is but right the State 
should pay this small tribute to the memory of her servants, and I trust 
that these suggestions will receive your attention and that some action will 
be taken thereon. 

THE MARSHALL MONUMENT. 

The Legislature, at its last session, appropriated the sum of $5,000 for 
the erection of a monument to the memory of James W. Marshall, the dis- 
coverer of gold in this State. The Commissioners, John H. Miller, A. 
Caminetti, and George Hofmeister, selected to superintend the erection of 
said monument, selected for the site the mound Known as Marshall Hill, 
near the town of Coloma, where Marshall lived in his later years. The 
contract for the erection of the monument was awarded to F. Marion Wells, 
the design being a granite shaft, thirty feet high, having a twenty-foot base, 
and being six feet square on the summit, upon which stands a white metal 
statue of the ^old finder, eleven feet high, representing Marshall attired in 
the typical miner's costume and holding in his right hand a large nugget 
of gold, while with the forefinger of the left hand he is pointing downward 
to the historic millrace where the gold was discovered. The monument is 
not yet finished, but will be before the adjournment of the present session 
of the Legislature, and your honorable bodies will be requested to take 
part in the unveiling ceremonies, and will be able to judge for yourselves 
m what manner the work has been done. 

ADMISSION DAY. 

I respectfully recommend that September 9th — Admission Day — be 
made a legal holiday. It is the natal day of the State, and therefore one 
of great interest to the people, and particularly those born in the State. 
Most of the States recognize their natal day as being a fitting reminder of 
their entrance into the Union, and the progress made. And for the addi- 
tional reason that for the past ten years it has been made a legal holiday 
by proclamation; whereas, if it was definitely fixed, the people would be 
prepared for it in advance, and the business interests of the State would 
suffer no inconvenience. 

A DIVISION OP THE STATE. 

More for the purpose of feeling the public pulse, than any serious attempt 
to carry it into effect, a proposition has been made to divide the State; and, 
I am glad to say, the experimant has been more than successful, in the 
fact that it has been found that the public pulse makes no response to the 
pressure resting upon its arteries. 'The people are opposed to a desecration 
of the kind mentioned, and will not submit to so great a wrong; for such, 
indeed, it would be. All the glory and magnificence and renown that 
rests upon and surrounds this, the Empire State of the lar West, has come 
to it as California; and neither the one born upon the soil nor the one who 



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4S BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 

has become a citizen by adoption desires to be known, 'so far as their State 
is concerned, save as Californians. There is no reason for such an act, 
and the day is far distant, if ever, when the dividing line will be drawn 
that separates the people of California under different State colors. The 
world knows this vast domain as California, and as California only; and a 
division, even if there was a remote possibility of such a conclusion, would 
ignore the value and importance of botlj. There is and can be but one 
California; and its manifest destiny is as clear to the eye of the thought- 
ful and loyal, as that the sunlight succeeds darkness. As California she - 
took her place in the sisterhood of States, and as such, though the forests 
and snows of ages may rest upon her brow, she will retain to the end the 
beauty and loveliness of her maidenhood. 

THE ARCHIVES OP THE STATE. 

The large accumulation of books, records, and official documents in 
all of the departments of the State Government, and the almost total 
lack of safe deposits for their preservation, suggest, that it would be well 
for the Legislature to provide for the building of a large fire and burglar 
proof deposit in some of the rooms of the State Capitol, and to provide a 
system oi keeping and filing such public records, and for the appointment 
of an official custodian of the archives of the State. 

As the records are at present kept, there must in the very nature of things 
be many valuable books and papers lost. An incoming administration 
cares little for the records of the preceding administration, and takes no 
receipt for its books and papers from the succeeding one. Under the sys- 
tem suggested, every book and paper which is not absolutely needed for 
daily reference in an office, but which nevertheless is of value, either for 
future reference or as a public record, could be deposited with the "custo- 
dian of the archives," and his receipt therefor taken. The custodian would 
label and index everything, and keep a register (of the records deposited 
with him) in such a manner, that at any time any paper filed with him 
could be readily found. This would greatly facilitate business in many of 
the departments, and would preserve safely and intact the records of the 
State Government. 

THE CHARITABLE INSTITUTIONS RECEIVING STATE AID. 

Prior to 1874, the Legislature appropriated definite sums of money to the 
different eleemosynary institutions of the State. This custom was produc- 
tive of much evil, if not fraud, and the provision made at that time that 
asylums should receive for the support of each orphan, half orphan, and 
abandoned child, a certain sum, corrected one evil, but left the doors open 
for the entrance of another. The State during the thirty-ninth fiscal year 
contributed towards the support of orphans and aged indigents the vast 
sum of $401,093 99, and the Controller estimates that for two succeeding 
years the sum of $775,000 must, under the law, be expended in this object. 
This large amount of money is paid the different asylums upon demand, 
and the State has no voice in the disbursement of it. While it is true that 
very wise and comprehensive laws regarding this appropriation are now in 
force, but which are defective, inasmuch as the State has no personal 
interest in the expenditure of the money, and that the loose mode of pay- 
ing the money to the asylums opens the doors to possible fraud. This is 
wrong. No money should be paid to any institution in this State, unless 
the State, through the proper officers, are cognizant of the use to which 
every cent is put. 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 49 

The asylums of this State should be brought under more direct control 
of the State Board of Examiners, whose duties it should be to regularly 
visit and inspect such institutions and expert the books of the same, and 
who should have the power and authority to correct all evils and abuses 
of the laws of the State that at present are existing. 

It is unbusinesslike in the extreme that the State should give nearly a 
half a million annually to different institutions and have no control over 
its expenditure, and I recommend to your consideration this important 
subject. 

REGISTRATION AND ELECTION LAWS. 

Your attention is directed to the importance and necessity of making 
needed changes in our registration and election laws. The frauds ana 
errors discovered in the recent election have demonstrated beyond ques- 
tion that it is absolutely necessary to throw more safeguards around 
the mode and manner of conducting our elections. ** Upon a fair bal- 
lot and an honest count rests the perpetuity of our Government." No 
subject should receive more careful and earnest consideration at your 
hands, or a more thorough and complete investigation as to how our 
election laws can be best changed so that none but those who are legally 
entitled to the ballot shall not only cast it, but that it shall be hon- 
estly and fairly counted and given to tne candidate for whom it is intended. 
This is a matter that reaches above and beyond any party considerations; 
it is one in which every citizen who believes in good order, and who favors 
a form of government like ours, is deeply interested. The casting of a 
free and untrammeled ballot is the highest and proudest privilege* an 
American citizen enjoys, and every effort should be made to surround the 
ballot box against all possible fraud and combinations to defeat the will 
of the people in any particular in any district, ward, township, or precinct. 
I desire to direct your attention to the fact that the laws should be so 
changed as to provide speedy and prompt modes for election contests for 
all State officers, as the present laws do not provide for the mode of con- 
testing any election save that of Governor and LieutenantrGovemor, and 
it is but fair and reasonable that other State officers who believe that they 
have been defeated by fraud or miscount should have an opportunity to be 
heard before some tribunal provided by law. 

Under the existing law the Secretary of State is the only officer desig- 
nated to estimate and compute the returns from the various counties of the 
State, and certify the same to the Gqvernor. While the present Secretary 
of State is an upright, honorable, and conscientious officer, and has per- 
formed his duties in this connection to the satisfaction of every one, we 
may not always be similarly placed by the incumbent of that position; and 
the grave responsibility involved is more than should be imposed upon any 
officer. The law should be so amended as to provide for a State board of 
Canvassers, a time should be fixed for the Board to meet, open, and can- 
vass the returns for State officers; at which meeting representatives of the 
political parties should be permitted to be present to witness and examine 
the returns, which are to be sent to the Secretary of State, and by him 
kept sealed and unopened until the meeting of the Board. 

It is also suggested to consider the advisability of providing for a recount 
of the votes cast for representatives to Congress and for members of the 
Legislature. The reason set forth is that in many cases the main questions 
involved are the errors in calling off and tallying votes. If votes in a con- 
tested case could be recounted before the taking of testimony, which at 
times is not only expensive and tedious, it is claimed the result of the 
4« 



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50 ^EMNTAL MESSAGE OF OOVERNOB R. W. WATERMAN. 

recount would satisfy all parties and save the time and labor of both Con- 
gress and the Legislature. 

The time and manner of registration should be clearly settled, and should 
be as nearly uniform as possible in all the interior counties of the State. 
In some counties there is a re-registration for every general election, while 
in others additions only are made to the Great Register of new names, 
and it frequently occurs that the names of dead men or of persons who 
have removed from the county or changed their residence are carried on 
the Great Register for several years. This should not be permitted, as.it 
opens th^ door to fraud and illegal voting. 

One of the greatest evils and faults of our system is the manner in which 
election officers have been appointed, especially in the City of San Fran- 
cisco. Men, totally unfit, either by intelligence, morality, or instinct^ 
have been named as officers of election, without a redeeming qualification 
in them. Men have been designated to register in the precincts, receive, 
count, and tally the votes, and make up as thev pleased election returns^ 
who would not scruple to resort to all that is vile in human nature to rob 
the respectable citizen of his birthright, either for a paltry reward of place 
or for a consideration to advance the interests of some scheming and 
debased politician. It may be said that the law now provides for the 
appointment of good and respectable election officers, but the fact that the 
law has not been carried out in its full letter and spirit is the best answer 
that the laws should be so strengthened as to compel, under heavy penal- 
ties, the appointing power to name a class of taxpayers as election officers, 
who can be compelled to discharge so high a trust and will not feel that 
the<task is onerous or burdensome. Polling places should be selected in 
light and airy rooms, in as respectable localities as it is possible to secure, 
and where the ballots can be received and counted in the presence and 
full view of accredited representatives of all parties; where the caller of 
the ticket can be seen, and if necessary closely watched, as he reads oft* 
the names, and where the clerks who tally can be seen doing their work, 
honestly and fairly to all. 

Most of all, adopt measures for a prompt and speedy canvass of the vote. 
It should be plain, simple, and correct. No delays should be permitted 
of waiting from two day^ to a week to know the result of any election, 
either national, State, or municipal. The experience of other States has 
clearly demonstrated that the vote of any city can be ascertained within a 
few hours after the close of the polls. Why not introduce here the best 
system that can be applied, and remove for all time the possibility of 
changing the result after the polls close? With our present election laws 
(which in many respects are excellent) amended to meet the requirements 
and demands of the people; with honest, representative, and intelligent 
election officers, we can carry on elections in this State which will give all 
the people, whatever may be their political beliefs, confidence in our insti- 
tutions, and inspire them with a more zealous and earnest desire to come 
forward and participate in the afiairs of our State, for its well being and 
continued prosperity. 

CONCLUSION. 

In thus presenting my biennial message, I have endeavored to set before 
your honorable bodies, those matters which I deemed of interest, and 
requiring your attention and action; in the result of which great good 
would result to the people of the entire State. I sincerely hope your ses- 
sion will be an agreeable one in every respect. I have the honor to be, 
Your obedient servant, 

R. W. WATERMAN, 
Governor. 

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APPENDIX TO GOVERNOR'S MESSAGE. 



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APPENDIX. 



LIST OP PARDONS FROM STATE PRISONS. 

OranUd by Governor Bartlett from January 8, 1887 ^ to September It, 1887. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


John Benson 


Calayeras 


Robbery 


November, 1877 


-.Sixteen years. 





DscisiON.— Whereas, it appearing from the application, and the papers submitted in 
this case, that the Judj^e, who passed sentence upon him, certifies " that he was sentenced 
under a misapprehension as to the reasons why he plead guilty," therefore, he recom- 
mends his pardon ; and, whereas, the District Attorney of the county and seyen Justices 
of the Supreme Court recommend him for pardon ; and, whereas, it appears from the 
papers submitted in the case, that the said Jonn. Benson has been an exceptionally well- 
oehayed prisoner, and that he has served nine years and three months of nis time ; also, 
that he snows a determination to become a law-abiding citizen. May 3, 1887. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Robert Mathews 


Lake 


Manslaughter. 


June, 1883 


Seven years. 











Dbcibion.— Whereas, the application is strenuously urged b^ a large number of the best 
known and most respectable citizens of Lake Ck)unty, and amdavits are filed showing the 
character of the said Robert Mathews and the high esteem in which he was held by his 
neighbors ; and, whereas, the Judge, District Attorney, and jurors that tried the case 
strongly recommend and petition that the said Robert 'Mathews be pardoned, and a cer- 
tificate from the Warden and officers of the Slate Prison shows the good conduct of Uie 
prisoner during his confinement July 12, 1887. 



Granted by Governor Waterman, from September 13, 1887, to January i, 1889. 



Name of Prisoner. 


Coanty. 


Crime. 


Sentenced. 


Term. 


£. W.Reynolds 


Alameda 


Forgery 


May, 1884 


- Five years. 







Dkcisioh.— Whereas, the conduct of said Reynolds has been of an exemplary character 
during his term of imprisonment, as certified to by officers of the prison, and also that 
it is their belief that he will become a good citizen, and attend strictly to his duties with 
fidelity to every confidence imposed in him ; and, whereas, it was one of the last wishes of 
the late Governor Bartlett that he be pardoned. October 19, 1887. 



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BIENNIAL MESSAGE OF OOVERNOB B. W. WATERMAN. 



Kame of Prisoner. 


Goantj. 


Grime. 


Sentenced. 


Term. 


Jake Gasteel 


San Bernardino . 


Grand larceny 


October. 1886_.. 


Four years. 









Decision.— Whereas, in view of the fact that at the time of the conviction said Casteel 
was bat eighteen years of age, and had previously borne a good name in the community 
in which he resided ; and, whereas, the petition for his pardon is signed by the Sheriff of 
the county, by nine of the jurors by whom the case was tried, and by the most prominent 
and law-abiding citizens of San Bernardino County, and is accompanied by a certificate 
of good conduct from the State Prison officials ; and, whereas, said Casteel has already- 
served half his term, and believing that the ends of justice have been fully subserved. 
November 12, 1887. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Antone Marine 


Colusa 


Murder, sec- 
ond degree.. 


June, 1881 








. Twenty years. 



Decision. — Whereas, the said Antone 3farine is sixty-five years old, feeble and infirm, 
and that the circumstances under which the homicide was committed, combat the idea 
of deliberation, as is certified to by various persons ; and, whereas, the petition for pardon 
is indorsed by a large number of citizens oi Colusa County, by the ex- District Attorney, 
T. J. Hart, who prosecuted the case, and the jurors who tried the case, and a certificate 
of good conduct from the prison officials. November 12, 1887. 



Name of Priaoner. 


Conntj. 


Crime. 




Term. 


Edward Friel 


Sacramento 


Burglary, sec- 
ond degree. - 


March, 1885 ... 


Five years. 



Decision. — Whereas, said Ed. Friel is suffering acutely from consumption, and his death 
liable to occur at any moment; and, whereas, a certificate of this fact is furnished by the 
prison authorities : and, whereas, said Friel has served all but ten months of his term of 
imprisonment, ana believing that his sufferings may be somewhat relieved by this act of 
Executive clemency. November 19, 1887. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Edward Wise 


Sacramento 


Burglary, sec- 
ond degree.. 


June, 1886 


Two and 






one half years. 



Decision.— Whereas, the youn^ man is only nineteen years of age, and his petition is 
signed by the principal prosecuting witness, by W. A. Henry, ex- Police Judge, Henry L. 
Buckley, District Attorney, Henry JP. Dillman, Chief of Police, Eugene J. Gregory, Mayor, 
and many other influential citizens of the City and County of Sacramento, and believing 
that this act will have a tendency to lead the young man to reform. November 19, 1887. 



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BIENNIAL HES8AOE OF GOVERNOR R. W. WATERMAN. 



65 



Nuneof Priaoner. 


Connty. 


Crime. 


Sentenced. 


Term. 


W.A. Caldwdl 


San Bernardino. 


• 
Bribery 


October, 1887... 


()ne year. 









Dkcision.— Whereas, the crime committed bv this young man did not warrant the se- 
verity of the sentence imposed, and having hitherto borne an excellent reputation among 
his fellow citizens; and, whereas, his petition is signed by the twelve jurors and the Jud^e 
by and before whom the case was tried, and by many of the most excellent and promi- 
nent citizens of San Bernardino County. November 19, 1887. 



Kame of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Louis Bailey 


Merced 


Burglary, sec- 
ond degree.. 


September, 1887- 






One year. 



Decision.— Whereas, the extreme youth and the former good character of the said 
Louis Bailey leads me to believe that this crime was committed with no criminal intent, 
and that the lesson already received by his trial and conviction will be a most salutary 
one; and, whereas, the best and most prominent citizens of Merced County have peti- 
tioned for his pardon and return to his almost heart-broken parents. November 19, 1887. 



Name of Prieoner. 


Coanty. 


Crime. 


Sentenced. 


Term. 


Thomas L. Newport.. 


Alameda 


Embezzlement 


June, 1887 


Eigh- 




teen months. 



Decision.— Whereas, the family of said Newport is greatly in need of his help, and the 
petition for his pardon is signed by several of his former employers, among whom is the 
prosecuting witness in this case, and also by W. E. Hale, Sheriff of Alameda County, W. 
R Thomas, Chief of Police of Oakland, C. T. Boardman, County Clerk, T. H. Allen, 
United States Pension Agent, and many others: and, whereas, petition is also' accom- 
panied by a certificate of good conduct from the prison authorities. November 19, 1887. 



Name off Primner. 


Coanty. 


Crime. 


Sentenced. 


Term. 


PrankToal 


Los Angeles 


Assault to com- 
mit murder . 


August, 1886... 






Five years. 









Decision. — Whereas, said Toal has the reputation of being an honest and industrious 
citizen of Los Angeles, and this crime was committed in a moment of drunken insanity ; 
and, whereas, said Toal pleaded guilty to the charge of "assault to commit murder," sup- 
posing it to be a charge of "assault with a deadly weapon," the extreme penalty for which 
18 two years in the State Prison; and, whereas, he has a family of four children dependent 
upon him for support, and his petition for pardon is signed George M. Holton, ex-District 
Attorney, R F. Del Valle, J. C. Kays, I. W. Hellman, O. W. Childs, J. DeBarth Shorb, and 
other prominent citizens of Los Angeles. November 22, 1887. 



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BIENNfAL MESSAGE OK OOVSBNUR R. W. WATERMAN. 



Name of Prisoner. 


CJounty. 


Grime. 


Sentenced. 


• 
Term. 


£. Ghupman 


• 
Butte 


Murder, sec- 
ond degree.. 


February, 1881 . 








Twenty- 
two years. 



Dkcibion.— Whereas, in connection with the application of Chapman for pardon, I am- 
in receipt of a letter from Hon. A. F. Jones, State Senator from Butte bounty, who, at the 
time the prisoner was convicted, was Deputy of the District Attorney, and has since been 
District Attorney of the county, and who is emphatic in his belief that the ends of justice 
have been served in the case now under consideration. The statement of Senator Jones 
is strong! V corroborated by a letter written by Hon. W. C. Hendricks, Secretary of State, 
who is still more earnest in his conclusions touching the matter. Chapman, at the time 
of the occurrence, was eighteen years of age, and up to that time haa borne an upright 
and unimpeachable character, without tlie slightest record of any infraction of the law 
being maae against him. He has already served, with his credits, eleven years and three 
months, and during his incarceration he has so faithfully observed all the rules of the 
prison as to merit tne commendation of the officers for good deportment, and has on all 
occasions endeavored to assist in maintaining discipline among nis fellow prisoners. For 
these reasonSjand the additional fact that upwards of eight hundred well known and 
prominent citizens of Butte and Tehama Counties have united in asking Executive clem- 
ency at my hands in behalf of Chapman, I shall pay heed to the representations made 
and grant the pardon. February 17, 1888. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


J. D. D. McCoy 


Ventura 


Manslaughter. 


December, 1885. 


... Eight years. 



Decision.— Whereas, in granting a pardon to J. D. D. McCoy, the prisoner now under 
consideration, I am induced to do so, not alone on account of the weighty petitions pre- 
sented in his behalf, the earnest letters setting forth its justice, but on account of all the 
circumstances surrounding the crime for which he was sentenced. The applicant is over 
seventy years of age, has been in prison two years and five months, including his credits, 
and is entirely broken down in health, is utterl^y unable lo work, and his further confine- 
ment would subserve no good end. The petition asking for clemency at my hands is 
signed by over eight hundred of the best citizens of Ventura Countv, including Hon. 
Wm. Vandever, M. C. from the Sixth District, Milton Wason, Hon. B. 1*. Williams, Judge 
of the Superior Court, Hon. J. Marion Brooks, United States District Attorney for the 
Southern District, Orestes Orr, District Attorney, and many others of like standing and 

Srominence, and in addition the family connections of the prisoner are of such a character 
lat they appeal strongly to my sympathies in the case, and furnish a further incentive in 
acceding to the wishes of the petitioners. The prisoner when released is to be taken in 
charge by a son living at Portland, Oregon, and in the issuance of this pardon it is under- 
stooa the pardoned man shall never again return to this State. February 17, 1888. 



Name of Priaoner. 


County. 


Crime. 


Sentenced. 


Term. 


James Mooney 


San Joaquin 


Assault to mur- 
der 


July, 1886 


- . Tftfi vears. 









Decision.— Whereas, the testimony in regard to Mooney is all in his favor up to the 
moment of the offense for which he was imprisoned, and which was committed while un- 
der the influence of liquor. He is fifty-four years of age, a native of Kentucky, and was. 
for many years in the employ of United States Senator James G. Fair, who has written a 
strong letter in his behalf, testifving to his good conduct for the fifteen years that he knew 
him, he being in the employ of t^e Senator for a number of years. The Senator states that 
he never knew of any violation of the law by Mooney until tlie present instance. The pris- 
oner's charncter, apart from the one occasion, has been uniformly that of an honest, peace- 
able, upright man. He is now broken in health, bodily and mentally; and as Senator 



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BIENNIAL MESSAGE OF OOVERKOB R. W. WATEBMAN. 



57 



Fair agrees to make provision for his care and support in the event of his being set at 
liberty, daring the remaining years of his life, I hereby pardon him in accordance Tvith 
the petitions presented for my consideration. February 17, 1888. 



Nuno of Prisoner. 


Ck>aDty. 


Crime. 


Sentenced. 


Term. 


WilUam McMurtry .. 


San Joaquin 


Robbery 


September, 1880. 


Ten years. 



Decision.— Whereas, at the time of the commission of the crime for which McMurtry 
was sentenced, he was eighteen years of age, and in an evil hour made associations that 
brought him before me for clemency. The amount involved in the robbery with which 
he was charged was $17. and the same testimony that acquitted his companion in the 
crime convicted him. The character of the complainant was of a most degraded nature; 
and a letter received from Hon. J. 6. Swinnerton, Superior Judge of San Joaquin County, 
and who presided at the trial. Informed me of additional evidence, which, if it had bee'n 
presented at the time, would have been ereatly in favor of the prisoner. Upon this show- 
ing, the youth of the prisoner, the fact tnat he has been exemplary in conduct during his 
imprisonment, and that the ends of justice have already been served, I hereby grant him 
a pardon from further imprisonment for his crime. February 17, 1888. 



Name of Prleoner. 


County. 


dime. 


Sentrnoed. 


Term. 


G. W. Steward 


Colusa 


Manslaughter . 


December, 1883. 


... Eight years. 







Diciaioir.— Whereas, from the evidence presented with this application, it would seem 
that the offense committed by Steward was one of self-defense. He has been in prison 
four years and three months, which, with his credits — for he has been a most exemplary 
prisoner in every way, reliable and trustworthy— would make him five vears and four 
months in prison. He has been employed in the hospital department, ana has been most 
efficient. He is now suffering from a serious lung difficulty. Warden McComb speaks in 
the highest terms of him, and for these reasons Igrant him a pardon. February 17, 1888. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


M. T. Lisenby 


San Joaquin 


Burglary 


June, 1887 


One year. 







Dkcision.- Whereas, in granting this pardon I do so on account of the extreme youth 
of the prisoner— being comparatively a bo^ — it being his first offense; the fact that the 
expiration of his term of imprisonment is approaching; and that influential petitions 
have reached the Executive office in his behaffT His family is an excellent one, and his 
gray haired parents have already borne the greatest sorrow by reason of his act My en- 
deavor, while looking upon confinement in a State Prison as a means of punishment for 
crime committed, is at tne same time to be directed so as to render incarceration reform- 
atory ; and in the imprisonment which this youth has already suffered, he must have seen 
and realized the horror of his surroundings and degraded position, to an extent that will 
be a lasting lesson to him in the future. In returnmg him to his aged parents, I say to 
him, " go and sin no more." February 17, 1888. 



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BIENNIAL HEBSAQE OF GOVERNOR R. W. WATERMAN. 



Name of Prlioner. 


County. 


Grime. 


SoDtenced. 


Term. 


J. T. Creary 


San Joaquin 


Burglary 


June, 1887 


---. One year. 









Decision.— Whereas, the application for the pardon of this prisoner is made by a 
younger brother, supported by a strong petition in its favor and letters to the effect that 
this was the boy's lirst infraction of the law, he being under twenty-one years of age 
when the crime was committed. He has already served the greater part of the sentence; 
and for the same reason advanced in the Lisenby case, 1 grant Creary a pardon, to take 
immediate effect. February 17, 1888. 



Name of Prisoner. 


County. 


Crime. 




Term. 


Edward E. Foster.-.. 


San Francisco... 


Assaulttomur- 
der,and burg- 
lary second 
degree 


April, 1883 


Sev- 






enteen years. 



Decision. — Whereas, said Foster has served with his credits six years and five months, 
and at all times has been exemplary in his conduct. Governor I. P. Gray, of Indiana, in 
his behalf, as well as his relatives, asked for Foster's pardon. His bodily condition is such 
by a loathsome disease that he is incapacitated from labor of any kind. His pardon is 
made upon the condition that he at once leave the State never to return. April 13, 1888. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Eugene McCarthy 


San Francisco.. - 


Manslaughter. 


March, 1885 


Ten years. 







Decision.— Whereas, said McCarthy has served nearly one half of his term ; has been 
exemplary in his conduct in prison, and materially assisted in saving the property of the 
State during the fire in 1887; and the fact that strong petitions have been presented to me 
in his behalf, indorsed by Hon. W. W. Morrow, M. C. rrom California, and the still further 
and culminating fact that he has a mother over seventy years of age, upon whom has de- 
'volved since his imprisonment, not alone her own support, but that of his four children. 
AprU 13, 1888. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


J. G. Grundel 


Santa Clara 


Grand larceny 


December, 1886. 


One year. 





Decision.— Whereas, the District Attorney, H C. Moore, the Judge before whom the 
case was tried, Hon. D. Belden, the entire jury who tried the case, and a large number of 
prominent citizens of Santa Clara County, have strongly recommended the pardon, on 
the grounds that the said Grundel has always been a respectable, law-abiding citizen, in 
no way connected with or belon(2;ing to the criminal class, and that he had great, if not 
excusable, provocation to commit the crime— which consisted in killing a cow which had 
repeatedly committed depredations upon the defendant's property. April 13, 1888. 



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BIENNIAL HES8A0E OF OOVEKNOR R. W. WATBBMAN. 



59 



Name of Prinser. 


Goantj. 


Crime. 


Sentenced. 


Term. 


James O'Donnell 


Alameda 


Burglary, sec- 
ond degree - . 


July, 1886 


Three years. 









DsciBiov. — WhereaSf said 0*Donnell was about fifteen years of age when convicted and 
imprisoned, has served the greater part of his sentence, and has been punished as severely 
as the law ever contemplated; ana as responsible persons stand ready to care for him 
upon his release, and his petition has been signed by Julius Bandman, J. W. Hanson, 
Captain W. K. Thomas, and others. April 13, 1888. 



Nune of Priaoner. 


Ooanty. 


Grime. 


Sentenced. 


Term. 


Frank Wilson 


San Francisco . . 


Burglary, sec- 
ond degree.. 


January, 1886.. 


Five years. 



Decision.— Whereas, the Prosecuting Attorney, the Judge who sentenced him, together 
with other prominent citizens of San Francisco woo are well acquainted with said Wilson, 
have petitioned for his pardon ; and, whereas, the Warden of the State Prison has written 
that the said Wilson has faithfully performed all tasks assigned him and he has shown 
by his actions that any longer incarceration would not more fully subserve the ends of 
justice; and, whereas, the said Wilson was but seventeen years of age when the crime was 
committed. April 13, 1888. 



Nunc of Prisoner. 


County. 


Crime. 




Term. 


Oscar F. Glover 


Placer 


Robbery 


February, 1886. 


...Three years. 







Dkcision.— Whereas, at the time of his conviction said Glover was but seventeen years 
of age, and, in the opinion of the prosecuting District Attorney, was led into the crime by 
an ex-convict, who wassentencea at the same time and for the same offense; and, whereas, 
young Glover's conduct during his incarceration has been most exemplary, so much so 
as to command the respect andj?ood will of the prison authorities; and, whereas, his par- 
don is petitioned for by Hon. B. F. Mvers, Superior Judge, F. P. Fuller, District Attor- 
ney, and other county officers, and by Hon. J. A. Filcher.ez-Senator and ex-Prison Direc- 
tor ; and, whereas, it is my belief that by pardoning this young man he will be led to 
return to the right path, and will hereafter lead an honest and upright life. May 26, 1888. 



Name of Priaoner. 


Connty. 


Crime. 


Sentenced. 


Term. 


William Bradley 


San Benito 


Manslaughter. 


February, 1888 . 


... Six months. 



Dkcision. — Whereas, the said Bradley does not belong to the criminal class of offenderst 
and he has heretofore borne the best of reputations; and, whereas, there exists grave 
doubt whether the said Bradley caused the death of the person whom he is charged with 
killing. June 13, 1888. 



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BIENNIAL MESSAGE OF OOVERNOB K. W. WATERMAN. 



Name of Prisuner. 


Oonnty. 


Crime. 


Sentenced. 


Term. 


George Wilson 


Sonoma 


Robbery 


August, 1888 ... 


Ten vears. 









Decision. — Whereas, said Wilson is now in the last stages of consumption, confined to 
his bed, and his death is liable to occur at any moment; and, whereas, the severity of the 
case has been fully attested by letters from the Warden and Prison Physician; and, 
whereas, said Wilson is now serving his second term in State Prison, and according to the 
existing laws his pardon must be recommended by a majority of the Justices of the 
Supreme Court of the State; and, whereas, his petition has been signed bv Justices E. W- 
McKinstry, J. D. Thornton, J. Temple, and T. B. McFarland. July 21, 1888. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Samuel Stevens - . 


Tuolumne 


Grand larceny - 


June. 1884 


Eight years. 









Decision.— Whereas, said Stevens is now lying dangerousljr ill of consumption in the 
prison hospital, and, according to letters from the prison physician, cannot live but a few 
davs; and, whereas, I consider it an act of humanity and justice to relieve, if possible, if 
only for a few hours, the sufferings of this unfortunate prisoner, and to allow nim to be 
cared for by his friends and relatives during his last moments. July 21, 1888. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Harry R. Weston San Joaquin 


Grand larceny. 


September, 1885 


-..Seven years. 



Decision.— Whereas, the application in behalf of Weston states that on the eighteenth 
day of August, 1885, he applied to and obtained from one R. S. Johnson, a livery stable 
keeper of the City of Stockton, a horse and carriage, which he drove to Waterloo, in the 
County of San Joaquin, and there meeting some friends he spent in drinking, the money 
with which he had originally intended to pay for the use of said horse and carriage. 
Fearing arrest should he return, he drove to Silver Lake, where he left the carriage, and 
rode the horse to Carson City, Nevada, where he traded the horse, and afterwards re- 
turned to Plumas County, in this State, where he was arrested. The action of this joung 
man, who at the time was tArenty-three years of age, shows no evidence of criminal intent, 
but rather a lack of discretion and fear of the law. Mr. Johnson afterwards recovered his 
property, and now petitions for the young man's release, as does also Sheriff Cunningham 
of San Joaquin County. The young man pleaded guilty to his offense, thus saving the 
county the expense of a trial, and as he has shown a contrite spirit during his incarcera- 
tion, and a desire to become an honest and worthy citizen, I think he should be pardoned. 
November 1, 1888. 




Sentenced. 



A. J. Sicotte 



Assault to 

murder January, 1885 . 



Term. 



.Six years. 



Decision.— Whereas, from the several statements presented in this case for examina- 
tion, I have arrived at the conclusion that the complaining witness, one Isom Frost, was 
equally if not more guilty of an assault than the petitioner, and I am especially impressed 
by the fact that since the conviction of the petitioner the said Isom Frost has been con- 
victed of murder in the first degree for killing his own nephew, and sentenced to imprison- 
ment for life. During the petitioner's incarceration he nas been a good, faithful, and in-, 
dustrious workman, and at a fire which occurred at San Quentin he rendered valuable and 



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BIENNIAL MKSSAOE OF OOVERNOR K. W. WATERHAM. 



61 



efficient services to the State in saving public property and assisting in extinguishing the fire. 
His petition is signed bv prominent citizens of Oakland and vicinity, among whom are 
Senators Frank J. Moffitt and W. E. Dargie. W. R. Thomas ex-Chief of Police of the City 
of Oakland, and others, and states that tne petitioner and his family are good, honest, and 
industrions members of the community. The petitioner has served all but a few months 
of his term, and 1 believe is deserving of a pardon. December 20, 1888. 



Nsmo of Prtooner. 


County. 


Crime. Sentenced. 


Tenu. 


Walter liocke 


Fresno 


Grand larceny. 


April, 1887 


Two years. 



Decision. — Whereas, the crime for which Locke was convicted was the killing of a two- 
year old heifer of the value of |20; upon trial he admitted the killing of the animal, but 
claimed it was done through mistake ; but the crime lay in the fact that he concealed the 
animal after he had killed it. The Judge of the Court, believing that there were extenuat- 
ing cnrcumstances, sentenced him to imprisonment for two years only. His pardon is now 
asked for by the said Judge, Hon. J. B. Campbell, by Hon. K. B. Terry. District Attorney, 
by several of the jurors, by Senators A. J. Meany and 6. G. Goucher, and by numerous 
other well known and prominent citizens of Fresno County ; and believing that justice 
has been done, and in view of the fact that the young man's term is about to expire, I 
have concluded to pardon him. December 20, 1888. 



Name of Priaoner. 


County. 


Crime. 


Sentenced. 


Terra, 


Ix>well I. Maxwell..- 


Plumas County. 


Murder, sec- 
ond degree.. 


February, 1883. 


Ten years. 



Dbcision.— Whereas, the statements set forth in the petition, filed in this case, are as 
follows: One Rabie, a gambler by profession, and a non-resident of Plumas County, 
endeavored to induce the petitioner, Lowell I. Maxwell, to loin him in an attempt to rob 
the stage containing Wells, Fargo & Co.'s treasure box, ana being refused by said Max- 
well to join him, thereupon threatened to take the life of said Maxwell if he did not at 
once leave the county. This the said Maxwell was unable at that time to do, and upon 
meeting Rabie in a saloon some time afterwards he was drawn into a quarrel with Raoie, 
who drew a bowie knife and threatened to stab him. Thereupon the petitioner, believing 
his life to be in danger, shot said Rabie in self defense. The petition testifies as to the 
excellent character of the petitioner and his parents, and that the entire family are quiet, 
peaceable, and hardworking. From the statements and affidavits filed in the case, it is 
made clear to my mind that the killing was done in self defense, and that the petitioner is 
jostly entitled to Executive clemency. Maxwell has already served, with his credits, over 
seven and a half years, and the prison authorities certify that his conduct, at all times, 
has been most exemplary. The petition is signed by numerous well known citizens of 
Plumas County, among whom are: W. 8. Dean. Sheriff, J. H. Yates, ex-Sheriff, John E. 
Bennett, County Recorder, Geo. E. Houghton, County Superintendent, Hon. R. H. F. 
Variel, P. L. Hnllsted, editor Plumas " National," and others. December 20, 1888. 



Name of Prisoner. 



County. 



Crime. 



Sentenced. 



Term. 



Sherman D. Blair ' Fresno. 



Grand larceny.' August, 1887 ... 



--.Two years. 



Decisiow.— Whereas, this young man, at the time of the commission of the crime, was 
under the age of twenty years, and had previously borne an unsullied reputation. He 
plead guilty to his crime, that of stealing a wagon, and has now served all but five 
months of nis term. If released, he promises faithfully to return to his home and here- 
after to lead an honorable and upright life. As I have already stated in similar cases 
heretofore, that it is my intention to render the State Prisons reformatory so far as pos- 



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BIENNIAL MESSAGE OF OOVERNOR R. W. WATERMAN. 



sible, I am of the opinion that this young man has been sufficiently punished. His 
release is urged by M. K. Harris and J. B. Campbell, Superior Judges of Fresno County, 
by all the county officers, and numerous well known citizens of the city of Fresno and 
vicinity. December 20, 1888. 



Kame of Prisoner. ■ Goniity. ! Crime. 

1 ! 


Sentenced. 


Term. 


Harry A. Olson 


Santa Clara 


Burglary, sec- 
ond degree.. 


July, 1888 


One year. 









Decision.— Whereas, this is the case of a youth of seventeen years of age, who in a 
rash moment committed the crime for which he now suffers imprisonment I have 
received a personal letter from Hon. John Reynolds, Superior Judge of Santa Clara, 
County, by whom the boy was sentenced, recommending that the boy be pardoned, on con- 
dition that he ship on a sea voyage, to last not less than one year, and in which he states 
as follows: "Considering his youtn and the hope of reformation it affords, I think it 
would not tend to retard the just administration of the law if he should be pardoned, on 
condition that he ship on a long sea voyage." I have concluded, in view of this, to pardon 
the boy, upon the aforesaid condition. December 24, 1888. 



Name of Prieoner. 


County. 


Crime. 


Sentenced. 


Term. 


Joseph Morrow* 


Butte 


Murder, sec- 
ond degree.. 


May, 1881 






Eighteen years. 



Decision. — Whereas, the pardon of Morrow is requested by Hon. A. F. Jones, the pres- 
ent State Senator from Butte County, who, at the time of the trial, was prosecuting attor- 
ney ; by nine of the jurors who trieil the case, the remaining three jurors being dead or 
having removed from the county; by the late Judge Leon D. Freer, and by numerous 
citizens of the City of Chico. Senator Jones, in a personal letter to me, writes that Mor- 
row*s crime was nothing more than manslaughter, and when prosecuting him did not 
expect or desire any other verdict. Morrow is now about seventy years of age. infirm 
and crippled, and unable to perform manual labor of any kind. It is my belief that the 
law has been fullv satisfied by the term Morrow has already served, ana that in simple 
justice he should be pardoned. December 24, 1888. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


C. L. Foster 


Alameda 


Assault to mur- 
der 


February, 1888 . 






Six years. 







Decision. — Whereas, the assault for vrhich said Foster was convicted and sentenced to 
the State Prison was committed under very extenuating circumstances, while his right 
arm was broken and in a sling. The man upon whom the assault was made, one Georee 
W. Silver, has the reputation of being of a very quarrelsome disposition, and generally 
under the influence of liquor. He (Silver) has figured conspicuously in the Courts of 
Alameda County for a number of years; has been convicted of numerous crimes, and his 
wife granted a divorce from him on the grounds of extreme cruelty. On the other hand, 
Foster was formerly a member of the police force of the City of Oakland, and was known 
as one of its most efficient and faithful officers. His reputation has always been of the 
very best, and prior to this trouble, he had never appeared before a Court except as one 
of its officers. He has already been imprisoned about a year, and his family are m rather 
straitened circumstances owing to the loss of his support. I believe it to be in the 
interest of justice and humanity that this man should be granted a pardon. His petition 
is signed by 1. P. Allen, H. H. Taylor, Paul E. Scott, and other officers of the Bank of Cal- 
ifornia: b\' Abner Doble. N. W. Spaulding, James A. Johnson, City Attorney of Oakinnd, 
Fred. M. Campbell, County Superintendent of Schools, and many others. December 24, 



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BIENNIAL MESSAGE OF GOVEBNOB B. W. WATEBMAN. 



63 



Kame of Pruoner. 


County. 


Crime. 


Sentenced. 


Term. 


J ames Buckley 


San Francisco... 


Robbery 


September, 1888- 


..Fifteen years. 



Dscisioif. — Whereas, my attention was first called to this case by a number of promi- 
nent ladies of San Francisco, and by the numerous notices given it by the daily press. 
According to the man's own story, he had just arrived in San Francisco from Australia,' 
where he left his wife and children, and finding that his ship, which he had supposed 
would immediately return to his home, bound for Liverpool instead, he ran away and 
attempted to find work in the city, until he should be enabled to ship aboard a vessel 
which would carry him back to Australia. He strived hard to find work, but in vain ; and 
on the day of his arrest he had walked from the city out to the Spring Valley Water 
Works, endeavoring to find employment. His money was gone, and he had not tasted 
food for two days, and, when, in passing, he saw a lady with an open pocketbook in her 
hand, taking therefrom some of its contents, the temptation was too great to be resisted, 
and he snatched the purse and fled. He was sorry for the deed the moment after it was 
committed, but fearing the consequences of the lady's outcries he turned and ran. I have 
caused careful inquiries to be made of the Inspector-General of Police of Sidney, N. S. W., 
through the office of the Chief of Police of San Francisco, and find the man's story to be 
true in most respects. His real name is Daniel Cameron, but took the maiden name of 
hia wife upon his arrest. He has a ^oung wife and two children, five and two and a half 
Tears of age, to whom, according to his wife's statement, he has always been an affectionate 
husband and father. Like all sailors, he has been somewhat addicted to the use of liquor, 
but his general conduct has been good. His family is now in destitute circumstances, 
owing to the loss of his earnings, i believe his sentence to be most unjust and excessive, 
and under the circumstances utterly uncalled for, ^nd coBsider the case a good one in 
which to exercise Executive clemency. He is pardoned on condition that he be delivered 
to the Chief of Police of San Francisco, who snail see that he is at once shipped on board 
a vessel bound for Australia, and that he does not return to this State during the term ol 
his sentence. December 29, 1888. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


George W. Gibson 


Mendocino 


Murder, second 
degree 


Januarv. 1886 


... Seven- 






teen years. 



Decision.— Whereas, on the thirteenth day of April, 1888, 1 took this case under advise- 
ment and concluded to commute the said Gibson's sentence from seventeen years to ten 
years. Since then my attention has again been called to the matter, and I have become 
convinced that Gibson has suffered sufficient punishment for his participation in the 
crime. It is quite apparent from the statements presented to me that Gibson is a |>erson 
having but little force of character. He was persuaded by Isom Frost, the principal in the 
crime, to accompany him to the scene of the killing, and was present at the time the 
crime was committ^, although he was in realitv not a participant, nor did he ever advise 
the killing. It was upon his testimony that Frost was convicted and sentenced to life 
imprisonment He plea,ded guilty to murder in the second degree without the advice or 
services of counsel and through the influence of the officers of the law, under a misap- 
prehension of the immunity which should have been granted him for the assistance he 
rendered the State at the trial of the said Isom Frost. Since his imprisonment he ren- 
dered the State great service at the time of the fire at San Quentin, and on that occasion 
received the special commendation of the prison officials. His petition is signed hy 
upwards of eight hundred of the citizens of Mendocino County, all of whom are cogni- 
zant of the real facts, and pray that Gibson be pardoned. December 31, 1888. 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 



L^T OF PARDONS FROM COUNTY JAILS. 

Granted by Governor BarlleU from January 8, 18S7, to September It, 18S7. 



Name of Priaoner. 


County. 


Crime. Sentenced. 


Term. 


Oliver Rogers 


Alameda 


Assault 


March, 1887.... 


-Three months. 



Decision.— Whereas, it appears from the papers submitted in the case of Oliver Rogers 
for pardon, that he is a young man, this being his first ofifense ; that he is a peaceable, law- 
abiding, and industrious man; and, whereas, his pardon is recommended by the Judg^e 
who passed sentence upon him, by the District Attornej' of the county, and the attorney 
who prosecuted the case: and, whereas, his petition for pardon is signed by a large num- 
ber of the best citizens ot Alameda County, and that the said Oliver Rogers, having served 
two months of his sentence, that the encls of justice have been fully subserved. May 3, 
1887. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


E. T. McLean 


San Ffancisco... 


Assault 


April, 1887 


Three 






months and 
a fine of $500. 



Decision.— Whereas, the said E. T. McLean has served the three months' term of his 
imprisonment, and during that time his wife and seven young children have been left 
entirely destitute and dependent upon the charity of relatives and friends for support, 
and being a poor man and unable to pay the tine imposed, and owing to his excellent rep- 
utation as a law-abiding citizen. July 1*1, 1887. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Juan Lopez . 


Los Angeles 


x^ssault 


August, 1886 ... 


$500 fine or five 




hundred days. 



Decision.— Whereas, said Juan Lopez has served three hundred and sixty days of said 
term ; and, whereas, he is in a critical condition, suffering from a chronic disease of the 
stomach and bowels; and, whereas, his pardon is recommended by the four Superior 
Judges of the county, the District Attorney, ex-District Attorney, Sheriff, and County 
Physician. August 5, 1887. 



Name of Prisoner. 


County. 1 Crime. 


Sentenced. 


Term. 


William Clark 


Alameda 


Battery 


May, 1887 


One 






hundred and 
twenty days. 



Decision.— Whereas, his petition for pardon is indorsed by the Justice of the Peace 
who sentenced him, for reasons that owing to his incarceration his family is reduced to 
extreme poverty and want; and, whereas, the wife of said^Clark has taken'^to drink, thus 
leaving his children in destitution and misery ; and, whereas, his petition is indorsed by 
Nathaniel Hunter, Secretary of the Society for the Prevention of Cruelty to Children. 
Captain W. R. Thomas, Chief of Police of the Citv of Oakland, and Guy E. Turner, 
Deputy District Attorney of Alameda County. August 11, 1887. 



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BIEimiAL MESSAGE OF GOVERNOR R. W. WATERMAN. 65 

Granted hy Governor Waterman^ from September 13 ^ 1887, to January i, 1889. 



Name of Prisoner. 


County. 


Crime. Sentenced. 


Term. 


Ahin J. Dowst 


Merced 


Assault 


May, 1887 


Five hun- 








dred days. 



Dectbion. — Whereas, he has served nearly half his sentence, and his conduct in prison 
has been most exemplary ; and, whereas, his petition is signed by the Superior Judge, Dis- 
trict Attorney, Chairman Board of Supervisors, Sheriff, and other county officers of Mer- 
ced County, and believing that the punishment already suffered is sufficient for the crime 
committed.' November 19, 1887. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Wiliiam A. Cowan ... 


Butte 


Assault 


November, 1887. 


Six 




mouths, and a 
fine of $500. 



Decision. — Whereas, Cowan's reputation is that of an industrious and reliable man, 
though occasionally addicted to drink ; and, whereas, his wife, upon whom the assault 
was committed, has the name of being a notorious character ana of a very violent tem- 
per and disposition ; and, whereas, it is the written opinion of several of the officers of the 
uourt and county, among whom are Leon D. Freer, Superior Judge of Butte County, 
John M. Ball, Sheriff and Senator, A. T. Jones, ex-District Attorney. December 15, 1887. 



Name of Priioner. 


County. 


Crime. 


Sentenced. 


Term. 


Uwis A. Dockery 


Alameda 


Assault with a 
deadly wea- 
pon 


June. 1887 


One vear. and 






a fine of $500. 



Decision. — WhereaSj the sentence of imprisonment is about expiring, and deeming he 
had made full retribution for his crime. April 13, 1888. 



Hame of Priaoner. 


County. 


Crime. 


Sentenced. 


Term. 


Edward F. Champney 


Alameda 


Assault with a 
deadly wea- 
pon . 




Two years. 











Decision. — Whereas, said Champney has served more than one half of his sentence, and 
a petition for his release from further confinement has been presented to me signed by 
Rev. E. R. Dille, E. B. Mastick, Captain W. R. Thomas, B. A. Prindle, W. R. Andrews, and 
others ; and, whereas, he has a helpless wife and four small children dependent upon him 
for support, and wishing to give him an opportunity to retrieve himself. April 13, 1888. 

5« 



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BIENNIAL HES8AOE OF QOVERNOB B. W. WATERMAN. 



Name of Prisoner. 


Ciounty. 


Grime. 


Sentenced. 


Term. 


Otto Hartman -- 


El Dorado 


Battery 


March, 1888 


Ninety davs. 









Drciszoiy.— Whereas, the manifest injustice of the sentence has been made clearly appar- 
ent to me in the facts presented for my consideration. April 13, 1888. 



Name of Priaouer. 


Connty. 


Crime. 


Sentenced. 


Term. 


John Smith - 


Marin 


Petit larceny-. 


February. 1888 


Six months. 











Decision. — Whereas, the said John Smith was only twelve years of age at the time of 
the commission of the crime for which he was convicted, and as he has already been im- 
prisoned two months, and considering the ends of justice have been served in the matter, 
and trusting that Justices of the Peace will use a little more discretion in sentencing com- 
paratively infants to jail. April 13, 1888. 



Name of Prlaoner. 


County. 


Crimd. 


Sentenced. 


Term. 


Philip Zapitano 


Marin 


Petit larceny.. 


February, 1888- - 


Six months. 







Decision.— Whereas, the said Zapitano was only thirteen years of age at the time of the 
commission of the crime for which he was convicted, and as he has already been impris- 
oned two months, and considering the ends of justice have been served in the matter, and 
trusting that Justices of the Peace will use a little more discretion in sentencing compara- 
tively infants to jail. April 13, 1888. 



Name of Prteoner. 


Connty. 


Crime. 


Sentenced. 


Term. 


B. L. Cox 


Sacramento 


Assault with a 
deadly weapon. 


March, 1887 






One vear 






and $100 'fine. 



Decision.— Whereas, the said Cox has already served out the time for which he was 
sentenced, and his labor in the jail, painting and renovating the same, would more than 
twice pay the amount of the fine if a reasonable value was placed upon it; and, whereas, 
this is the first offense that the said Cox has been convicted of, and the District Attorney, 
Hon. Elwood Bruner, the Sheriff, M. M. Drew, and the other county officials of the said 
county, together with numerous prominent citizens of the City of Sacramento, petition 
for his pardon. April 16, 1888. 



Name of Priioner. 


County. 


Crime. 




Term. 


James Phelps 


San Diego 


Assault with a 
deadly weapon. 


April, 1887 


Two years. 









Decision.— Whereas, previous to the commission of this offense said Phelps had led a 
life of exeftiplary character and conduct; and, whereas, this act did not spring from an 



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67 



cTil or wicked intention, but was whoUjr due to the use of intozicatinK liquors, caused bj 
despondency, the young man being without friends or employment; and, whereas, his 
pardon is urgently recommended by the most prominent citizens of the City und County 
of San Diego, and especially by Judj^e John D. Works, who presided at the trial oT Phelps, 
and bv the entire list of county officials ; and, whereas, said Phelps is the sole support of 
an old and widowed mother living in the State of Iowa, to whom he promises immediately 
to return. April 18, 188a 



Name of Priaoner. 


County. 


Crime. 


Senteoood. 


Terni. 


John A. Barry 


San Francisco... 


Assault with a 
deadly weapon. 


August, 1887 


One year. 









DxcisiON. — Whereas, at the time of the commission of said crime, the said Barry was 
bat a youth, in no way connected with or to be considered belonein^ to thecriminal'class. 
His family connections, excellent behavior and conduct during nis mcarceration, and the 

Sovocation for committing the crime, all plead for the exercise of Executive clemency. 
ay 14, 1888. 



Kame of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


WUIiam Eldridge -... 


Los Angeles 


Petit larceny.. 

•- 


March, 1888 


-.One hundred 




days and a 
fine of ^100. 



Dicisioif. — Whereas, it is represented on good authority and by the evidence adduced at 
the trial, that the conviction of Eldridge was due to the ignorance of the Justice, and that 
he was whoUy innocent of the crime; and, whereas, his petition for pardon is signed by 
the Hons. W. P. Gardiner and A. W. Hutton, Superior Jud^s of the County of Los An- 
geles, and bv several of the city and county officials, and his character as an honorable, 
npriehtj and industrious mechanic and citizen is attested to by a resolution of the local 
Brouierhood of Carpenters and Joiners. July 23, 1888. 



Kame of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Edward E. Howe 


Los Angeles 


Disturbing the 
peace 


June, 1888 


One 






hundre<i and 
twenty days. 



Decision. — Whereas, the application in behalf of said Howe for pardon is siprned by 
many prominent citizens of Pomona and vicinity, by Hon. James Wright, the sentencing 
Justice of the Peace, and Hon. M. B. Harrison, Assistant District Attorney of Los Anjre- 
jes County; and, whereas, letters from the jailer of Los Angeles County show that Howe 
is in a feeble state of health and cannot bear, without great danger, the remainder of his 
sentence; and, whereas, his crime consisted of a mere breach of the peace, while under 
the influence of liquor, and in my opinion his sentence was unusually severe. A ugust 
15,1888. 



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Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


John Jamison 


Ijos Angeles 


Assault with a 
deadly wea- 
pon - . - 


April, 1888 ... 


Six 








months, and 
the payment 
of a fine of 
$100. 



wno pru8t;cui/t;u tiie case; uy juiiies kj. x^ovs, oucniii xiuii. okjuh xw. jDneriv, aiiu xiuii. 

George W. Knox, Assemblymen ; Hon. T. E. Rowan, Chairman of the Board of Supervisors 
of Los Angeles County ; Isaias Hellman. Esq., Frank A. Gibson, County Recorder, and 
others: and, whereas, Jamison is represented as being an honest, sober, and hard working 
man, upon whose earnings depend a wife and two children, who are now being taken care 
of by charitable persons on account of the wife's illness; and, whereas, the crime of which 
he was convictea was committed in the heat of passion,- and in a mutual quarrel in which 
both parties were to blame ; and, whereas, his former employers are ready and willing to 
employ him again immediately upon his release, and it is my belief that this act of clem- 
ency will lead him to become a worthy citizen. September 6, 1888. 



Name of PriBoner. 


Connty. 


Crime. Sentenced. { Term. 

1 


George Mathena 


Sacramento 


Malicious mis- 
chief 


July. 1888 


. - Six months. 









Decision.— Whereas, Hon. J. W. Armstrong, the Superior Judce before whom this trial 
was had, states in a personal letter to me that the crime for which this man, together with 
two others, Charles Mansel and James Costello, was convicted, consisted in partially de- 
stroying the bridge-tender's house, in the City of Sacramento, belonging to the railroad 
company; that these men do not belong to the criminal class, out at the time were some- 
what under the influence of liquor, and the oflfense resulted more from thoughtlessness 
than any other cause: that while the conviction was fully in accordance with the law, yet 
the punishment attached thereto is entirely too severe, and that a sentence of thirty days 
would in his opinion have been suflacient. As it was, the lightest sentence allowed by 
law was imposed. A petition signed by Eugene |J. Gregory, Mayor, Elwood Bruner, Dis- 
trict Attorney. H. L. Buckley, Police Judge, W. B. Hamilton, County Clerk, and M. M. 
Drew, Sheriff, has been presented testifying to the petitioners' good character and their 
usual industrious habits. Col. J. B. Wright, the head of the railroad company in this 
city, has also expressed himself as being in favor of their immediate release, as having 
been sufficiently punished. October 17, 1888. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Charles Mansel 


Sacramento 


Malicious mis- 
chief 


July, 1888 


Six months. 









Dei^ision. — For the same reasons given in the pardon granted this same day to George 
Mathena, a codefendant. October 17, 1888. 



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Name of Priaoner. 


County. 


Crime. 


Sentenced. 


Term. 


James Costello 


Sacramento 


MalicioQS mis- 
chief 


July, 1888 


Six months. 









Decisiok.— For the same reasons given in the pardon granted this same day to George 
Mathena, a codefendant October 17, 1888. 



Name of Prtooner. 


County. 


Crime. 


Sentenced. 


Term. 


George Eobanks 


San Bernardino. 


Residing in a 
house of ill 
fame 


July, 1888 


Six 






months and 
a fine of $500. 



Dscisioir. — Whereas, the said George Eubanks was but avouth at the time of the com- 
mission of the offense, and the incarceration of the said Eubanks has had the effect of 
coring him of the pernicious vice that was the cause of his previous conduct, %. «., opium 
gmoking; and, whereas, the general opinion of the county officers, the jailer, and those 
who have seen him since his incarceration, believe that his reformation is complete. No- 
vember 16, 1888. 



Name of Prisoner. 


County. Crime. 


Sentenced. 


Term. 


Philip McDevitt 


Yuba 


Indecent ex- 
posure of per- 
son .- 


September, 1888. 






Four months. 









Decision.— Whereas, prior to the commission of the offense for which the said McDevitt 
is now serving the said sentence, he has alwavs borne a good character and had the respect 
of all who knew him in the Citv of Marysville, where he has resided for many years; and, 
whereas, this being his first onense, so far as known, against society or its laws, and it 
appearing that he has already been sufficiently punished ; and, whereas, his petition is 
agned by the leading citizens of Marysville, including all the city officers and many of the 
coanty officers. November 16, 1888. 



Name of Priaoner. 


County. 


Crime. 


Sentenced. 


Term. 


Mercinda Arana 


Santa Cruz 


Battery 


August, 1888... 


A fine of $250, 
or 250 days. 



Decision.— Whereas, the Justice of the Peace, L. Curtis, affirms that had certain facts, 
which have since come to his notice, been brought out at the trial, he would not have 
imposed such a severe sentence; and, whereas, the District Attorney, Wm. J. Jeters, and 
other countv officers of the said county, believe that the sentence was severe and that the 
said Arana has suffered sufficiently for his offensei and now petition me for his release. 
November 16, 1888. 



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BIENNIAL HESSAQE OF GOVERNOR B. W. WATERMAN. 



Name of Prisoper. 


C!oanty. 


Odme. 


Sentenced. 


Term. 


W. W. Cone 


Sacramento 


Larceny 


August, 1888 - . 


Six months 






County Jail. 



Decision.— Whereas, the facts in this case are somewhat peculiar, hut go to show, in my 
opinion, that said Cone has heen unjustly punished. On the nineteenth of June, 1888, 
one J. A. Coil, of Lockeford, San Joaquin County, desiring to send a Wells-Fargo money 
order to C. 8. Houghton, a merchant of this city, by mistake handed the Express clerk an 
envelope bearing the address of said W. W. Cone. In due course of time iJone received 
the order, and having previously had correspondence with said Coil, in which the amount 
of $10 ;'0 was involvea, and the said money order bein^ for the amount of $10 56, said 
Cone n.Miurally supposed the order was intended for himself. However, the order was 
inclosed with a letter addressed to C. S. Houghton, and thinking, perhaps, a mistake had 
been made, said Cone called upon Houghton at his place of business, but could gain no 
inforniation regarding the money order, and he soon afterwards cashed the same. Later 
events proving that the order was not intended for him, he, the said Cone, offered to 
settle II nd did settle with the said Coil for the full amount. I believe said Cone to have 
been unjustly prosecuted and unjustly sentenced, especially as all parties involved in 
the aforesaid transaction were against his prosecution, and it certainly appears from th^ 
statements presented for my consideration that his trial and conviction resulted from 
petty malice on the part of the officers of the law. His petition for pardon is signed by 
J. A. Coil, <;. 8. Houghton, Felix Tracy, Superintendent of Wells, Fargo & Co., in this city ; 
by Eugene J. Gregory, Mayor; and by nearly all the prominent and influential merchants 
and profe<<sional men of Sacramento. December 10, 1888. 



Name of Prisoner 


County. 


Crime. 


Sentenced. 


Term. 


E. B.Miller 


Fresno 


Battery 


April, 1888 


$300 or 300 days. 







Decision.— Whereas, the facts in this case are as foUowb : In a moment of anger the 
petitioner struck his wife with his open hand, for which he was arrested, and upon the 
advice of his lawyer pleaded guilty, believing that the Court's judgment would be a small 
fine. The petitioner and family are poor people, dependent upon their daily labor for sup- 
port, and are unable to pay such an excessive fine. Petitioner has already served about 
two hundred and fifty days, which I believe is fully sufficient for the crime committed. 
December 24, 1888. 



LIST OF PARDONS FROM THE SAN FRANCISCO HOUSE OF 

CORRECTION, 



Granted by Governor Wntermafi, from September IS, 1887^ to January 


1, 1889. 


Name of Prieoner. 


Oonnty. 


Crimi*. 


Sentenced. 


Term. 


Henry C. Marks 


San Francisco.. 


Embezzlement 


June, 1886 


Three years. 







Dkcision.— Whereas, it appears from the facts set forth in the petition, that said Marks 
was the victim of conspiracy, and that his character had always been of the best, which 
fact is attested by letters of his employers and friends; and, whereas, his petition is signed 
by Jiidgeii of the several departments of the Superior Court, in and for the City and 
County of San Francisco, by several officials of the Southern Pacific Railroad Company, 
in whose employ he was at the time of his misfortune. November 19, 1887. 



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BIENNIAL UESSAaE OF GHIVBBNOR B. W. WATERMAN. 



71 



Name of PriaoDer. 


County. 


Crime. 


Sentenced. 


Term. 


John Welbv 


San Francisco -. 


Petit larceny . 


July, 1887 


- ..Six months 






and a fine 
of 1250, with 
the alterna- 
tive of serv- 
ing one day 
for each dollar 
o Haid tine. 



Decision.— Whereas, Hon. P. A. Hornblower, Police Judge of the City and County of 
San Francisco, Joseph F. Coflfey, the Prosecuting Attorney, and John Foley, the Super- 
intendent of the House of Correction, have petitioned for the pardon and release of the 
uid Welby, on the grounds that the prisoner has already served the term of six months, 
that he is unable to pay the fine, and that he had never before been charged with any 
offense whatever, ana that the ends of justice would not be more fully subserved by a 
longer incarceration. May 14, 1888. 



Name of Priaoner. 


County. 


Grime. 


Sentenced. 


Term. 


Charles E. Savage 


San Francisco... 


Burglary 


September, 1887 


Eigh- 


teen monUis. 



Decision. — Whereas, at the time of his conviction young Savage was but sixteen years 
of age, and is the son of worthy and respected parents residing in the City of San Fran- 
cisco; and, whereas, he has already served more than half his term, and, in my opinion, 
the demands of justice have been fully satisfied; and, whereas, his pardon is petitioned 
for by Hon. T). J. Murphy, the prosecuting Judge, and by both the District and Assistant 
District Attorney, and several prominent citizens of San Francisco. June 16, 1888. 



Name of IViaoner. i County. 


Crime. 


Sentenced. 


Term. 


Lawrence Powers ' San Francisco _. 


Attempt to rob. 


May, 1887 


-Two years and 


1 
1 




six months. 



Decision. — Whereas, the application in this case for pardon is signed by very manv 
Drominent business men of San Francisco; by Hon. John Hunt, Superior Judge, Josepn 
Kirk, Esq., Assistant District Attorney, and by ten of the jury who tried the case — tne 
remaining two could not be found ; and, whereas, said Powers, at the time of his arres^ 
and for ten years previous thereto, was in the employ of the Pacific Mail Steamship Com- 
panjr, in the capacity of oiler, and had always borne the reputation of being an nonest 
and industrious young man. August 15, 1888. 



Hame of Prleoner. 


County. 


Crime. 


Sentenced. 


Term. 


George C. Cellarius .. 


San Francisco .. 


Battery 


June, 1888 


One 




hundred and 
fifty days, or a 
fine of $150. 



DxciBioN. — Whereas, this is an application for the pardon of a poor, unfortunate man, 
partially paralyzed, and somewhat deranged mentally, who in a moment of rage, and 
while suffering extreme mental agony, struck his daughter over the head with his crutch. 



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BIENNIAL MESSAGE OF GOVERNOR R. W. WATERMAN. 



inflicting a slight scalp wound ; and, whereas, it was through the efforts and misrepresen- 
tations of an unfriendly neighbor that this poor man was convicted, and as he nas al- 
ready served two thirds of his sentence ; for the sake of his poor wife, who lies danger- 
ously ill in the hospital, and believing it to be in the interests of justice, I grant him a full 
apd free pardon. This application is recommended by Hon. F. A. Hornblower, the Police 
Judge; by James T. Coifey, the Prosecuting Attorney; by General E. 8. Salomon, and 
others. September 14, 1888. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Thos. F. Murphy 


San Francisco .. 


Assault to com- 
mit rape 


May, 1887 


Three years. 









Decision.— Whereas, the facts in this case, as evidenced by the testimony and aflfidavits 
submitted for examination, are as follows : The assault is alleged to have been committed 
upon the person of one Bridget McDermott, who at thje time was engaged in keepinfi; a 
low groggery at No. 247 Stevenson Street. Between three and four o'clock on the morning 
of April 5, 1887, the petitioner, in company with one Pierce, entered her barroom and 
called for drinks, and Mrs. McDermott claims that while in the barroom the petitioner 
and his companion attempted to rape her. It is proven conclusively by affidavits of 
numerous parties living in the vicinity of her place of business, that the said Bridget 
McDermott is a low woman, whose reputation for veracity and chastity is of the very 
worst, and who is almost constantly under the influence of liquor, and while so is of a 
most quarrelsome disposition. On the other hand, Murphy is a young man, eighteen 
years of age, of industrious habits, and who, prior to this trouble, had borne a good repu- 
tation. He strenuously denies his guilt, and his statements are borne out by affidavits. 
This pardon is granted upon the fact of new testimony having been introduced since the 
trial, and the statements of the twelve jurymen, who certify that had this new testimony 
been introduced at the trial their verdict would have been "not guilty." The application 
for pardon is signed by Hon. E. B. Stonehill, District Attorney, W. C. Graves ana Joseph 
Kirk, Assistant District Attorneys, S. W. Levy, President, and Wm. B. Hooper, Vice- 
President of the Associated Charities of San Francisco, ana by Hon. John -Foley, Super- 
intendent of the House of Correction. September 28, 1888. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Samuel Ault 


San Francisco... 


Burglary, sec- 
ond degree. - 


August, 1887 . - . 


.- Three years. 



Decision.— Whereas, the youth of the said Ault at the time of his conviction, his pre- 
vious good character, and the fact that he does not belong to the criminal class, all incline 
me to the belief that the said Ault has been sufficiently punished, and that a longer incar- 
ceration would not more fuUv subserve the ends of justice; and, whereas, the Prosecuting 
Attorney, E. B. Stonehill, and the Judge who sentenced him, D. J. Murphy, and numerous 
other citizens in good standing, have petitioned for his pardon. November 15, 1888. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


James McNamee 


San Francisco... 


Burglary, sec- 
ond degree . . 


September, 1887 


Two years 

and six months. 



Decision.— Whereas, this is another case of youthful indiscretion, the petitioner being 
but a boy of the age of seventeen years. The appeal in his behalf is presented by Hon. John 
Foley, the Superintendent of the House of Correction, who states as follows: " During ten 
months of imprisonment the young man has been carefully watched, and I find his con- 
duct to have been most exemplary, and I am satisfied that he is thoroughly reformed, is 



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BIENNIAL HKSSAGE OF OOVEKNOR K. W. WATERMAN. 



73 



prepared to make good use of his opportunities, and that further imprisonment will he 
li^hly prejudicial to his future career as an honest, upright, and usetul citizen." Upon 
this representation I feel fully justified in granting the pardon. December 24, 1888. 



I 



1 1 

Name of Prisoner. County. 1 Crime. Sentenced. 

1 


Term. 


JainesW.Cahill 


San Francisco... 


Intent to com- 
mit larceny. 


April, 1888 


Two years. 









Decision. — Whereas, the petitioner for clemency is a young man eighteen years of age, 
who, together with two other young men, entered a butcoer shop, no doubt for the purpose 
of burglary, nothing, however, bein^ taken therefrom. They were arrested, and two trials 
were had, m the first of which the jury disagreed, standing ten for acquittal and two for 
conviction. The second trial resulted in a conviction, with a recommendation to the 
Court for mercy. The prisoner's conduct since his incarceration, according to the testi- 
mony of Superintendent Foley, has been exceedingly good, and in his opmion further 
imprisonment would be highly injudicious. Hon. D. J. Murphy, the sentencing Judge, 
recommends his pardon, as do also Joseph Kirk. Assistant District Attorney, and nine of 
the iurors, and in consideration of the prisoner's youth and former good character, and 
the fact that he has already served about one hall of his sentence, I have concluded to 
pardon him. December 31, 1888. 



COMMUTATIONS OF SENTENCE. 

Granted by Qovemor Waterman from September IS^ 1887^ to January i, 1889. 



Name of Priaoner. 


Connty. 


Crime. 




Term. 


James M.Boyd 


Santa Clara 


Assault with 
intent to rob. 


September,1885. 


Ten years. 



Decibioh.— Whereas, previous to said Boyd's conviction, his character had been most 
exemplary, as is attested by letters from influential citizens of the City of Detroit, Michi- 
gan, his former home ; ana believing that his downfall was due to evil associations into 
which he had fallen, being a perfect stranger in this State, and out of employment; 
and, whereas, his extreme voutb is a strong appeal in his behalf, and in order to carry out 
my established view in such cases, which is to render the prison reformatory as much as 
possible, and where the law has been satisfied by the punishment already inflicted, to give 
the convict an opportunity to redeem his good name and character, if possible. His sen- 
tence is commuted to four years. Novemoer 19, 1887. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Richard Carnell 


San Francisco. . . 


Assault with a 
deadly weap- 
on . 


February, 1887. 


...Two years in 
County JaU. 







Decision.— Whereas, the facts as stated show that at the time the crime was committed 
the said Richard Carnell was laboring under great mental excitement; and, whereas, the 
petition is signed by the wife of said Carnell, upon whom the assault was made; by nine 
of the jury by^ whom the case was tried, and by a great number of the citizens of the City 
of San Francisco, all testifying to the general peaceable character of the petitioner. His 
sentence is commuted to one year. November 19, 1887. 



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BISmOAL MESSAGE OF GOVERNOR R. W. WATERMAN. 



Name of Prisoner. 


County. 


Grime. 


Sentenced. 


Term. 


Lewis A. Dockery 


Alameda 


Assault with a 
deadly weap- 
on 


June, 1887 


..One year 








in. County 
Jail and a 
fine of 1500. 



Decision. — Whereas, prior to this conviction said Dockery had borne an excellent repu- 
tation as a good and worthy citizen, a hardworking and industrious young man ; and, 
whereas, his petition is signed by W. R. Thomas, the Chief of Police of Oakland, by eis^t 
of the jurors who tried the case, and by other worthy citizens of Alameda County. His 
sentence is commuted by remitting the fine. November 19, 1887. 



Name of Priaoner. 


Connty. 


Crime. 


Sentenced. 


Term. 


Melvin Congdon 


San Luis Obispo. 


Murder ,second 
degree 


October, 1885. 


.... Twenty- 






five years. 



Decision. — Whereas, his petition is signed by all of the most prominent and law-abiding 
citizens of San Luis Obispo County, and shows that the crime was committed under very 
extenuating circumstances, and wnile I do not feel iustified in granting a full pardon, yet 
I think the ends of justice will be fully subserved by a much shorter term oi imprison- 
ment. His sentence is commuted to ten years. November 19, 1887. 



Name of Prisoner. 


Conntj-. 


Crime. 


Sentenced. Term. 


William H. Bell 


San Francisco... 


Grand larceny. 


March, 1885 — L.. Seven years 



Decision.— Whereas, said Bell appears to have been the victim of circumstances and 
evil associations, and there now exists strong doubts as to his guilt; and, whereas, he had 
previously borne a good reputation among his fellow citizens ; and, whereas, his petition 
IS signed by E. B. Stonehill. District Attorney, J. N. E. Wilson, ex-District Attorney; by 
nine of the jurors who triea the case, and by many others. His sentence is commuted to 
three and one half years. November 19, 1887. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


John C.Kelly 


El Dorado 


Battery 


November, 1887. 


..One hundred 
and seventy- 
five days in 
County Jail. 



Decision. — Whereas, said Kelly plead guilty to the charge of battery, having no means 
to procure counsel; and, whereas, he assisted the county officers in preventing the escape 
from jail of two prisoners, one charged with murder and the other with robbery ; and, 
whereas, said Kelty has a family in Douglas County, Oregon, consisting of a wife and four 
young children, wno are in destitute circumstances; and, whereas, his petition is signed 
by the Superior Judge, District Attorney, Sheriff, Under Sheriflf, Assessor, Treasurer, and 
other officers of El Dorado County. His sentence is commuted to sixty days. November 
25,1887. 



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BIENNIAL MESSAGE OF QOVERNOR R. W. WATEUMAJN. 



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Kame of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


James J. Kerrick 


Tulare . 


Murder, first 
degree 


October, 1878... 








Life. 









Decisiow. — Whereas, on November 19, 1887, the order was issued to commute this sen- 
tence, but in consequence of information received that the prisoner was not entitled to it, 
it was withheld until proper inquiries could be made; which, being done, and to my satis- 
faction, X order the commutation issued. In a letter addressed to my predecessor, by 
Hon. P. D. Wigginton, it was set forth that the evidence was wholly insufficient to con- 
vict. This view is indorsed by Hon. Joseph H. Budd, Hon. F. T. Baldwin, State Senator 
Hon. B. F. Langford, A. J. Atwell, Oregon Sanders, ex-Sheriff A. Balaam. The petition 
for leniency in this case is signed by nearly every business man in Tulare. His sentence 
is commuted to fifteen years. February 17, 1888. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


A. W. Hul.se 


Merced 


Assault, dead- 
ly weapon... 


June, 1885 






Seven 3'ear8. 









Decision. — At the time Hulse was sentenced he was about nineteen years of age. From 
the information placed at my disposal, the fact might be deduced that he acted in self- 
defense; or at least he was laboring under the idea of personal assault when he commit- 
ted the crime for which he was sentenced. He was without the restraining influence of a 
mother, his having died, leaving him almost entirely to his own resources. The petition 
pre^nted for his pardon bears the signature of such citizens of Merced County as State 
Senator A. J. Meany, Assemblyman J. W. Bost, C. H. Maries, Superior Judge, John W. 
Breckinridge, District Attorney, Robert J. Steele, editor San Joaquin Valley "Argus," H. J. 
Ostrador, C. E. Fleming, and a large number of merchants and business men of the 
county. He has already served, including credits, two years and eleven months, and for 
the rea.«onfl above stated, and believing the ends of jnsuce will be served by my action in 
this case, I hereby commute three years of his term of imprisonment. His sentence is 
commuted to four years. February 17, 1888. 









« 




Name of Prisoner. 


County. 


Crime. 1 Sentenced. 

1 


Term. 


David Miller 


Sonoma County. 


Murder, first 


March, 1882 






Life. 









Decision.— Whereas, a full presentation of the facts in this case has been made to me 
by Hon. K. C. Denson, presiaing Judge during the trial of Miller, and bv the District 
Attorney who prosecuted the case at the time, Hon. A. B. Ware of Santa Rosa, together 
with a petition signed by a very large number of prominent citizens of the county, asking 
demency in his behalf. His sentence is commuted to fifteen years. April 13, 1888. 



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76 



BIENNIAL MESSAGE OF GOVERNUK R. W. WATERMAN. 



Name of Prisoner. 


County. Crime. 

1 


Sentenced. 


Term. 


Geo. W.Gibson 


Mendocino 


Murder, sec- 
ond degree.. 


J anuary, 1886. . . 


Seven- 






teen years. 



Decision.— Whereas, considerable new evidence has been presented in this case in 
mitigation of the oifense committed by Gibson, and the fact that a petition signed by up- 
warofs of eight hundred well known citizens of the county, cognizant of the facts and 
circumstances of the case, has been presented for consideration, setting forth a condition 
of affairs entitling the applicant to some favor at my hands. His sentence is commuted 
to ten years. April 13, 1888. 



Name of Priiioner. 



Frank Dalev. 



County. 



Crime. 



Term. 



Sacramento Grand larceny., October, 1884 



. Nine years. 



Decision. — Whereas, the petitioner, Frank Daley, together with one Frank Golden^ 
both boys of eighteen or twenty years of age. plead guilty to the crime of grand larceny, 
which crime consisted of the talcing away of a horse, saddle, and bridle, the property of 
T. D. Scriver, a livery stable keeper of Sacramento, and which appears to have been more 
the result of a boyish escapade than of any criminal intent; and, whereas, the petition 
for clemency is signed by many prominent citizens and business men of Sacramento, 
among whom are Timothy Lee, Chief of Police, W. B. Hamilton, County Clerk, Rev. 
Thomas Grace, M.M.Drew, Sherifl", T. D. Scriver, the victim of the crime, and others, and 
his pardon is earnestly recommended by Hon. J. W. Armstrong, Superior Judge, who 
passed sentence upon the prisoner, and who gives strong and cogent reasons for his course 
in the premises. His sentence is commuted to seven years. August 15, 1888. 



Name of Prisoner. 


County. Crime. 


Sentenced. 


Trrm. 


Frank Golden 


Sacramento 


Grand larceny. 


October, 1884 .. 


Nine years. 



Decision, — Whereas, for reasons already cited in the case of Frank Daley, with whom 
and for the same crime Golden was convicted, his sentence is commuted to seven years. 
August 15, 1888. 



Name of Prisoner. 


County. 


Crime. 


Sentence<l. 


Term. 


Tames Cochran 


Kern 


Murder, second 
degree 


December, 1881 


Thir- 






ty-six years. 



Decision.— Whereas, it appears b^ the papers filed in this case that the crime of which 
Cochran was convicted was committed one night on or about October 20, 1881, while a 
mob of armed and drunken men were in the act of taking a prisoner from the jail in the 
town of Kernville, for the purpose of lynching him, and in the confusion attendant upon 
the attempt, a Deputy SherifT, one Mitchell by name, was shot and killed; and, whereas, 
as great doubt exists m the minds of many of the citizens of Kern County as to the guilt 
of the prisoner, and personal letters from Hon. R. E. Arick, Superior Judge of Kern 
County, and George Venable Smith, ex-District Attorney, confirm me in the opinion that 
the sentence was excessive in the extreme, and under the circumstances was unwarranted. 
His- sentence is commuted to fifteen years. August 15, 1888. 



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BIENNIAL MESSAGE UF GOVEKNOU U. W. WATEKMAN. 



77 



Name of Piisoner. 


Couuty. 


Crime. 


Sentenced. 


Term. 


Ralph Bull 


Modoc 


Grand larceny. December. 1886. 


Five years. 











Decisioh. — Whereas, the crime for which this young man was convicted, consisted of 
the selling of a horse and cart hired by him from a livery stable in Alturas, while under 
the influence of liquor and bad company^ and at the time was but eighteen years of a^e; 
and, whereas, his petition for clemency is sigiied by numerous well known citizens of Moaoc 
and Salinas Counties, among whom are Hon. R. H. F. Variel, Hon. J. D. Goodwin, F. G. 
Hail, Esq., editor of the Greenville •'Bulletin," and a former schoolmaster of the young 
man, and is especially recommended by Hon. G. F. Harris, Superior Judge of Modoc 
County, who states in a personal letter to me that evidence has been brought to light since 
the young man's sentence; and, whereas, it is my belief that a shorter term of imprison- 
the trial which, had it been produced at the proper time, would have materially lightened 
ment will subserve the ends of justice, and by this act of clemency the petitioner may be 
led to sooner restore himself to his former good standing. His sentence is commuted to 
four years. August 15, 1888. 



Kune of Prifloner. 


County. 


Crime. 


Sentenced. 


Term. 


Ah Jake 


Sierra ' Murder in first • 






1 dpcTpe 


October, 1887 . 


Death. 













Decision. — Whereas, in the matter of the application of Ah Jake, a Chinese, convicted 
of the crime of murder, in the month of October, 1887, at a regular session of the Supreme 
Court of Sierra County, before Hon. F. D. Soward, Superior Judge of said county, the 
papers having been presented for my consideration, in which I am asked to commute his 
sentence from that of the death penalty to imprisonment for life, and they having been 
closely examined by myself, I find that the act committed by Ah Juke was, to a certain 
extent, in self defense, which phase of the case has been clearly set forth in a letter written 
by J. A. Vaughn, editor of the Downieville "Messenger," a journal of character and 
standing. The person killed by Ah Jake was a fellow countryman, who, from the sur- 
rounding circumstances, met his death in an attempt to rob Ah Jake, but the perjury of 
the witnesses and the weakness of the defense in having his case properly presented to 
the Court, resulted in no defense at all. Judge Sowara has written me a very strong 
appeal in favor of commuting the sentence of Ah Jake to one of imprisonment for life, 
and presents incontrovertible reasons why such a course would be a simple act of justice. 
A petition, signed by many of the leading residents of the county, unites in appealing 
for favor to tnis Chinaman. Among the names are those of J. W. Orear, T. D. Calkins, of 
the Sierra City " Tribune," D. T. Cole, H. Spauiding, Meroux Brothers, S. F. Purdy, J. T. 
Mooney. Thomas Brennan, H. W. Orear, P. K. Gardner, Conrad Wagner, and many others. 
Also an earnest letter from Rev. Charles H. Kirkbride, of the M. E. Church, giving good 
reasons for the appeal made; and, in addition, six of the jurymen in the case, viz.: K. B. 
Fish, foreman, Robert Forbes, Samuel Tryon, William Perryman, Edward Ferryman, and 
William Cox, ask that his sentence be commuted- and, whereas, in view of the facts I 
have come to the conclusion that there is a reasonable doubt as to whether the said Ah 
Jake is guilty of murder in tVe first degree. His sentence is commuted to imprisonment 
forUfe. November 14, 1888. 



Hame of Priiioner. 


County. 


Crime. 


Sentonced. 


Term. 


Wm. Black well 


Monterey 


Grand larceny. 


June. 1886 


Seven vears. 









Decision. —Whereas, that there was no real criminal intent in the act which this young 
man committed is self-evident He hired a horse from a livery stable and riding over to a 
neighboring town indulged in too much liquor, and kept the horse so long that the fears 
of the stable keeper were aroused, and he nad the young man arrested. It was proven 
that no attempt had been made by Blackwell either to sell or trade the horse, and that he 
rode no further than stated heretofore. In my opinion the sentence is excessive and that 
half the original terra of imprisonment is sufficient. His petition is sig^ied by Hon. John 
K. Alexander, Superior Judge of Monterey County, H. D. Tuttle, District Attorney of said 
county, and other county officers and citizens of Monterey County. His sentence is com- 
mated to three and a half years. December 20, 1888. 



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78 



BIENNIAL UESSAGB OF GOVERNOR R. W. WATERMAN. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Lucillus Miller 


San Francisco.. 


Sodomy 


September, 1884. 


.-Twelve years. 



Decisiok. — Whereas, in view of the fact that the petitioner is a young man; that this is 
his first criminal act, and that he is not one of the criminal class; that his parents and 
relatives are respectable and worthy people, and that, in my opinion, the sentence in this 
case is somewhat severe, I commute nis sentence from twelve to five and one half years. 
His petition is signed by Hon. Charles Sonntag, State Prison Director, Hon. William D. 
English, Harbor Commissioner, E. B. Stonehill, District Attorney, J. W. Pratt, city editor 
of the " Call," and many others. His sentence is commuted to five and a half years. 
December 20, 1888. . 



REPRIEVES OF SENTENCE. 

Qranted by Qovemor Waterman^ from September 13, 1887 ^ to January i, 1889. 



Name of PrLioDer. 


County. 


Crime. 


Sentenced. 


Term. 


Nathan B.Sutton 


Alameda 


Murder in first 
degree 


February, 1887. 


Death. 







Decision.— -Whereas, Nathan B. Sutton was sentenced on the first day of February. 
1887, at a regular term of the Superior Court in and for the County of Alameda, State of 
California, upon a conviction of murder in the first degree, to suffer the penalty of death 
on the ninth day of the present month ; and, whereas, an application for reprieve has been 
presented and urged, on the ground of new testimony having been discovered, which will 
materially aid said Sutton in obtaining a commutation of sentence; and, whereas, in order 
to give time that this testimony may he introduced, I deem it proper to grant the reprieve. 
Now, therefore, by virtue of the authority in me vested, I do hereby reprieve the execu- 
tiou of said sentence until the sixth day of January, A. D. 1888. December 8, 1887. 



Name of Prisoner. 


County. 


Crime. 


Sentenced. 


Term. 


Ah Jake -. . 


Sierra 


Murder in first 
degree 


October, 1887 .. 








Death. 









Decision.— Whereas, at a regular session of the Superior Court, held October, A. D. 1887, 
in and for the County of Sierra, State of California, one Ah Jake was convicted of the crime 
of murder in the first degree, for which the penalty of death was imposed upon him, to be 
executed on September 21, 1888; and, whereas, the presiding Judge, Hon. F. D. Soward, six 
of the jurvmen, who found the verdict of guilty against the said Ah Jake, and a large 
number o! leading citizens of the said county, have petitioned that the said sentence be 
commuted to that of imprisonment for life, on the erounds that there is a reasonable 
doubt as to whether the said Ah Jake is guilty of murder in the first degree ; and, whereas, 
more time is necessary for the careful and conscientious consideration of this case, as weU 
as to permit all the facts connected therewith to be presented, than is afforded by the interim 
between the present date and the date of the execution of the said sentence; now, therefore, 
by virtue of the authority in me vested, I do hereby reprieve the said Ah Jake^nd stay the 
execution of the said sentence until the twenty-third day of November, A. D. 1888, upon 
which day, between the hours of 10 a. m. and 2 f. m., the Sheriff of the said county, unless 
stayed by further respite, shall, in the legal and accustomed manner, execute the sentence 
of death upon the boay of the said Ah Jake, as though this respite had not been granted. 
August 23, 1888. 



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REPORT 



STATE BOARD OF EXAMINERS 



Twenty-eighth Session of the Legislature of California. 

1889. 



STATE BOARD OF EXAMINERS. 

R. W. WATERMAN, Governor, 
WM. C. HENDRICKS, Secretary of State, 
G. A. JOHNSON, Attorney-General, 
PRENTISS MASLIN, Secretary. 



SACRAMENTO: 
STATB OFFICE, : : : : J. D. young, supt. state printing. 

1889. 



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REPORT OF THE STATE BOARD .OF EXAMINERS. 



Office of the State BoAJiD of Examiners, \ 
Sacramento, Novembey 20, 1888. j 

To the Senate and Assembly of the State of California: 

We have the honor to herewith submit a report of the State -Board of 
Examiners, so fkr as the same is necessary for the information of tae Leg- 
islature. 

purchase of bonds for the use and benefit op the state school fund. 

Section 680 of the Political Code requires that '* whenever and as often 
as there is in the State Treasury the sum of $10,000 as the proceeds of the 
sale of State school lands, the Board must invest the same in the civil 
funded bonds of the State, or in the bonds of the United States, or in the 
bonds of the several counties of the State, the investments to be made in 
such manner and on such terms as the Board shall deem for the best inter- 
est of the State School Fund." 

So far as the first provision of the above section is concerned, the State 
Board of Examiners have not, from the very nature of things, been able to 
fully comply with it, because every time there has been accumulated in 
the State Treasury the sum of $10,000 as the proceeds of the sale of State 
school land, there have not always been bonds of the classes mentioned 
in the market, and hence the Board has been compelled to wait until such 
bonds are offered for sale, and we think that it has resulted in a practical 
benefit to the State, inasmuch as the Board has thereby been able to pur- 
chase the entire issue of bonds of a county, and so save trouble and expense 
in the collection of the interest thereon. Owing to the very unstable 
condition of the money market in this State, the Board has not always been 
able to purchase bonds at the par value and has at times paid consider- 
able premium on them, over and above the par value, but the Board felt 
that it was to the best interest of the State School Fund that this money, 
which in the past two years has accumulated very rapidly, should bring a 
Bmall interest to this fund, than that it should remain unused in the vaults 
of the State Treasury, and the School Fund derive no benefit therefrom; 
for that would defeat the very object of our present system of the sale of 
school lands, which is that the proceeds of the sale of State lands should 
go to the purchase of securities, etc., interest on which should be used for 
the maintenance of the common school system of this State, thus creating 
a perpetual source from which the support of our schools will be drawn. 
Below is the statement of 

The Transactions in Bonds of the State Board of Examiners for the past Two 

Years. 
May 25, 1881. 

On this date, Mr. Adam Herold, State Treasurer, submitted a proposi- 
tion from the County Treasurer of Tulare County, relative to the redemp- 
tion of the bonds of that county bearing 10 per cent per annum, held by 



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4 REPORT OF THE STATE BOARD OF EXAMINERS. 

the State to the amount of $7,5CQ, and the refunding of the balance of 
said bonds held by the State by.-thte issue of bonds bearing interest at the 
rate of 4^ per cent per annum 'to tlie amount of $12,500, as provided by 
Subdivision 14, Section 25, ^f'-in-Act entitled "An Act to establish a uni- 
form system of county g.fii township governments," approved March 14, 
1883 (Statutes of CaliformaV 1883, p. 299). 

The Board instructed Mr. Herold to communicate with the Treasurer 
of Tulare Countjr, 'and* State that it is the desire of the State Board of Ex- 
aminers that tl%e ^aii county refund all the bonds of that county, held by 
the State, tor. the *value of $20,000, by issuing bonds bearing 4^ per cent, 
and not.to re'ijeem any. This, the Board of Supervisors of Tulare County 
refusedvt€r»(lo*. 

On JHihfe 15, 1887, the following order was adopted by the Board : 

^•^ drcfeired : That the iifterest on Tulare County bonds, held by the State, be reduced from 
•jtjfn 'i^^lO) per cent to four and one half (4J) per cent per annum from June 15, 1887, under 
and m pursuance of an Act of the Legislature of the State of California, approved March 
^ 18, 1885, and that the State Treasurer see that an indorsement to that enect is made on 
' said bonds and signed by M. Premo, Esq., the duly authorized agent of said county, for 
that purpose, and file in the office of the State Treasurer and keep with said bonds said 
authorization; said county haying taken steps under said Act to reduce said rate of 
interest, all of which will more fully appear from said authorization and the accompanying 
papers ; and the State Treasurer is further authorized to cancel such amount of existing 
Donds against said county in favor of the State as may be paid ofi by said county to sala 
State Treasurer, calculating the interest therein at the rate of ten (10) per cent per an- 
num, to date of payment, and thereupon surrender said bonds so paid on to said county. 

Under this order the County of Tulare redeemed bonds of that county 
to the amount of $7,500, and refunded bonds to the amount of $12,500, by 
reducing the interest from 10 per cent to 4^ per cent i)er annum. 

October 7, 1887, 

The Board on this day adopted the following bid, on motion of the 
Attorney-General : 

Ordered: That the State Board of Examiners hereby bid, on behalf of the State School Fund , 
for the whole number of the bonds of San Joaquin County, two hundred and fifty in all, 
issued for the erection of a new County Court House and new county iail, and do hereby 
bid for the same the face value thereof of said bonds and all accrued interest up to the 
date of delivery. And the Governor of California is hereby empowered and directed to 
procure a certified check or certificate of deposit, payable to said County of San Joaquin, 
to be presented with this bid, equal to 10 per cent of the price bid, if required. A copy of 
this bid shall be signed by the State Board of Examiners, and with the certified check, if 
any, shall be forwarded by the Governor to C. H. Koegel, Esquire, County Treasurer of 
said San Joaquin County. 

The above order and a certified check on the Bank of D. O. Mills <fe Co. 
for $25,000 was in accordance with the above bid, transmitted to the County 
Treasurer of San Joaquin County, and on Wednesday, October 5, 1887, the 
bid and check were returned to this Board, with the information that the bid 
of the State Board of Examiners was too low, and that other bidders had 
purchased the bonds. The amount of the check, $25,000, for which a war- 
rant had been drawn by the State Controller, was returned to the State 
School Land Fund, as will be shown by the books of the State Treasurer 
and State Controller. 

October 19, 1887. 

The Board purchased from W. E. Gerber, of Sacramento, fifty bonds of 
the County of Los Angeles, at the par value of $1,000 each, bearing interest 
at the rate of 4^ per cent per annum, and maturing July 1, 1905. 

The Board purchased these bonds at the figure of 1.10, or premium 
amounting to ^5,000. 



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REPORT OF .THE STATE BOARD OF E3CAHINER8. O 

Oriofter 20, 1887, 

The Board purchased from W. E. Gerber, of Sacramento, one hundred 
and fifteen bonds of the County of Los Angeles, at the par value of $1,000 
each, bearing interest at the rate of 4^ per cent per annum, and maturing 
July 1, 1905. 

The Board purchased these bonds at the figure of 1.10, or premium 
amounting to $11,500. 

Norernber 10, 1887, 

The Board purchased from W. E. Gerber four hundred and seventy-eight 
bonds of the County of Lake, at the par value of $100 each, bearing interest 
of 5 per cent per annum, and maturing October 7, 1907. 

The Board purchased these bonds at the figure of 1.15, or premium 
amounting to $7,170. 

March 7, 1888. 

The Eioard purchased from the County of Sacramento eighty-four bonds 
of said county, of the par value of $1,000, bearing interest at the rate of 4 
per cent per annum, and maturing January 1, 1908. The bonds were pur- 
chased at the par value. 

April 2S, 1888. 

The County of San Diego, through the Bank of D. O. Mills & Co., sub- 
mitted the proposition to sell to the State one hundred bonds of said county, 
of the par value of $1,000 each, for the face value thereof and cost of trans- 
portation of said bonds and coin. This offer was accepted by the Board, 
but, owing to a defect in Bond No. 1, only ninety-nine of the said bonds 
were purchased on this date. Bond No. 1 of this issue was returned to the 
County of San Diego for correction, and was returned May 23, 1888, when 
it was purchased. These bonds bear interest at the rate of 5 per cent, 
and mature January 1, 1908. 

Se^ember 13, 1888. 

The Legislature by an Act entitled "An Act for the relief of James 
Saultry, for the personal injuries received by him while in the service of 
the State," approved March 13, 1883, appropriated $25,000 for the relief of 
the said James Saultry. Said sum was held in trust for Saultry by the 
State Board of Examiners, and was by them invested in forty-nine bonds 
of Santa Clara County, of the par value of $500 each. 

The interest thereon, coUectea semi-annually, was paid to the said James 
Saultry as required by the said Act. 

On the day above written, September 13, 1888, the State Board of Exam- 
iners, having been officially informed of the death of said James Saultry, 
purchased from themselves the above mentioned bonds for the use and 
benefit of the State School Fund, paying therefor the face value of the bonds, 
?24,500, and the money received from such sale the Board returned to the 
General Fund of the State Treasury, as required by said Act of the Legis- 
lature. 

These bonds bear interest at the rate of 5 per cent per annum, and 
mature May 3, 1903. 

October 23, 1888. 

The Board purchased from A. W. Burrell one hundred and ten bonds of 
the County of Monterey, of the par value of $1,000, bearing interest at the 
rate of 5 per cent per annum and maturing August 1, 1908. These bonds 
were purchased at the figure of 1.02, or premium amounting to $2,200. 



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6 REPORT OF THE STATE BOARD OF EXAMINERS. 

January i, 1889. 

There is now on hand in the State School Land Fund the sum of $87,- 
412 52, which is applicable to the purchase of bonds for the benefit and 
use of the State School Fund, but there are no bonds of the classes men- 
tioned in Section 680 of the Political Code now for sale that the Board has 
any information about. 

RATE OF WAGES PAID EMPLOYES OF STATE PRINTING OFFICE. 

On June 22, 1887, the complaint was made to the State Board of Exam- 
iners that the compositors and pressmen employed by the Superintendent 
of State Printing were receiving a higher rate of wages than was being 
paid by those employing printers in Sacramento, which, if true, would have 
been a direct violation of the provisions of Section 531 of the Political 
Code. The Board ordered the Secretary to investigate the matter and 
report as soon as possible. Report thereon was made on June 24, 1887, 
which is appended hereto, with accompanjdng letter to Governor Bartlett: 

State op California, Executive Department. ) 
Sacramento, August 1, 1887. j 

To his Excellency Washington Bartlett, Oovemor of California and Chairman of the Stale 
Board of Examiners: 

Dear Sir: By order of the State Board of Examiners I have the honor to herewith 
transmit to you sundry payrolls of the State Printing Office and State School Text-book 
Department, together with a communication from Mr. Shoaff, Superintendent of State 
Prmting, and report of the Secretary of the Board, made June 24, 1887, under an order of 
the Board adopted June 22, 1887. 

The history of these claims is that on the twenty-second day of June the attention of 
the Board was called to the fact that compositors and pressmen were being paid a higher 
rate of wages than was being paid by printing houses in Sacramento. The Board ordered 
lue to make what investigation I could in the matter and report as soon as possible. I 
visited the State Printing Office — examining work. etc. — then I visited every printing and 
job office in Sacramento, and my investigation, while superficial, convinced me that the 
employes of the State Printing Office were receiving higher rates than is paid by "job 
offices^' yet there are compositors on ** straight matter" in the newspaper offices here 
making $42, $36, and $30 per week, and also that there is no house in Sacramentu doing 
like work. I have since continued my investigation quietly, and am thoroughly con- 
vinced that at times (as during the session of the Legislature) the office is subject to much 
abuse by politicians; also that at present, and always in fact, a much smaller force could 
be employed and the same amount of work produced or turned out. 

But I still believe that for tabular or intricate work the rate paid by the State is not tcK> 
high, if it is paid to first class, competent compositors and pressmen. 

At the request of Mr. ShoafiT, I send a sample of the work required of the State Printing 
Office. 

Most respectfully, your obedient servant, 

S. P. MASLIN. 

[Tnclosvre.] 

Report op Secretary of Board op Examiners on Rate of Wages Paid Employes of 

State Printing Office. 

To the State Board of Examiners^ Sacramento^ Cat. : 

Gentlemen: In accordance with your instructions I investigated the apparent violation 
of the provisions of Section 631 of the Political Code; providing that the Superintendent 
of State Printing shall not pay the compositors, pressmen, or assistants employed in the 
State Printing Office *' a higher rate of wages than is paid by those employing printers in 
Sacramento for like w^ork," and I have the honor to herewith submit my report thereon : 

This investigation was carried on with a view to ascertain two things: 

First— l^he difFerence between the rale of wages paid at the State Printing Office and 
the rate paid bj' job and newspaper publishing houses in Sacramento. 

Second—ThQ difference between the quality of work required by the State and the 
qualitv of work required by private establishments. 

In the comparison of the rates of wages paid it will be impossible to take into consider- 
ation the rate paid for "piece work," unless taken upon the same basis as has been estab- 
lished by the Typographical Union. 



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REPORT OF THE STATE BOARD OF EXAMINERS. 7 

For the present, compuring the rates paid at the State Printing OflBce with the rates 
paid at job offices, I find that the employes of the State are being paid at an advanced 
rate for less work — 127 per week of six days of eight hours each— the rate received by 
journeymen printers in Sacramento being |'21 per week of six days of ten hours each ; in 
other words, the State is paying ^6 more per week and is receiving twelve hours less work. 

l^wenty-one dollars is tne highest rate paid per week by any house in Sacramento, and 
is also the minimum rate established by tne Tvpographical Union for book and job work. 
This rate is by the Union made equal to or placed on the same grade as the rate of 45 
cents per 1,000 ems, *'when work is done by the piece." Tabular or intricate work is rated 
at "double price." or 90 cents per 1,000 ems, and if this same eouality of rates, between 
**piece work" and work paid for by the week, should exist in double price work, then com- 
positors at "riile and figure work." or intricate work, would receive "double price" when 
paid by the week, or at the rate of |42 per week. 

I have made these deductions^ because a large amount of work done by the State Printer 
is tabular or intricate work, which would, if set up by compositors in a general job print- 
ing office, be paid for at double rates. 

In the comparison of the quality of the work required by the State and the quality of 
the work done at any ordinary job office, 1 find it is generall]^ conceded that the State 
Printing Office turns out superior work. This, of course, is due in a measure to the higher 
class of paper and ink used, and to the superior presses and type, but a general compari- 
son of State work with that done in Sacramento ^ob offices will show that a greater degree 
of care and neatness is displayed in work done in the State Printing Office— not only in 
the composition, but in the press work—than by any other office in Sacramento doing 
job work. 

The class and style of composition done in the State Printing Office is materially differ- 
ent from ordinary* straight composition or job work, and if it does not require a superior 
order of ability, it at least requires a peculiar or special ability or training to rapidly handle 
work of a tabular nature^ or work abounding in diacritical marks, arithmetical or astro- 
nomical si^^s, all of which kinds of work are now in progress in the composition room 
of the State Printing Office, and there is no work of a like character done in Sacramento 
Citv outside of that office. 

Regarding the wages paid the pressmen at the State Printing Office and the wages paid 
pressmen at private job offices, there can be but little comparison. The presses owned by 
the State are so much superior to any other presses in Sacramento, and in most of the 
job offices the presses are run by feeders or boys who are not experienced pressmen, and 
to whom it would be dangerous to intrust such fine machinery as is used at the State 
Printing Office. 

All my investigation into this subject— though necessarily but superficial- proves con- 
clusively to my mind that there is a superior kind of work required of and executed bv 
the employes of the State Printing Office, and I am inclined to believe that, the State will 
be obliged to pay a higher rate of wages than the minimum rate established by the Typo- 
graphical Union. 

It was impossible for me to accurately determine whether the employes of the State 
Bindery were paid at the same rate at which such work is paid for in private binderies, 
bat from what little I was able to learn regarding the work and prices paid employes of 
binderies, I am of the opinion that some, at least, of the emploves of the State Bindery 
are being paid at an advanced rate on ruling prices for such worlc. 

RespectxuUy submitted. 

S. P. MASLIN, 
Secretary of State Board of Examiners. 

Sacramskto, June 24, 1887. 

REJECTED CLAIMS. 

The Board within the past two years has rejected the following claims: 

1. Frank Mahon, bookkeeper in the office of the Superintendent of 
State Printing, for extra services during the Legislature, $280. 

Decision : Rejected, because Mr. Mahon was employed as bookkeeper in 
the office of Superintendent of State Printing at a yearly salary of $2,100, 
and any extra work — if such work could be said to have been done in an 
office where there is a fixed yearly stipend — ^was covered by the salary, and, 
therefore, he was not entitled to receive any compensation for any service 
which, as bookkeeper, he was called upon to perform. 

2. Mrs. Julia B. Hoitt, Deputy Superintendent of Public Instruction. 
For subscription to "Harper's Magazine'' for one year, $3 20. 

Decision: Rejected, because the ** Harper's Magazine" is a publication 
essentially for the household and the subject-matter contained therein is not 



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8 BEPORT OF THE STATE BOARD OF EXAMINERS. 

necessary for the proper conduct of the office of Superintendent of Public 
Instruction, and it is not believed that the Legislature intended that the 
appropriation for contingent expenses of that office should be expended 
for the purchase of such magazines, but held that subscription to journals 
devoted to educational matters would be a just charge against said appro- 
priation. If the purchase of such journals, out of the appropriation made 
for the contingent expenses of their offices, was countenanced by this 
Board, it would lead to abuse, for if one magazine could be purchased, all 
magazines, American or foreign could, with as much propriety be added 
to the list. 

3. P. M. Darcy, Chief of Police of Los Angeles City, for conveying 
George Davis, an escaped convict, to the State Prison at Folsom, $32 75. 

This claim is made by Mr. Darcy, because he expended the sum of 
$32 75 in railroad fares and expenses in conveying the said George 
Davis, an escaped convict, to Folsom, and received the amount of the 
standing reward, $150, for the arrest and return of an escaped convict 
offered by the State Prison Directors. He claims that the amount ex- 
pended for the transportation of said escaped convict should be paid out 
of the appropriation for the transportation of prisoners. 

Decision : Rejected, because the basis of the appropriation made by the 
Legislature for the transportation of prisoners is Section 1586 of the Penal 
Code, which provides, that '• Sheriffs delivering prisoners at the State 
Prisons must receive all expenses necessarily incurred in their transporta- 
tion, paid out of any money in the State Treasury appropriated for that 
purpose." 

Mr. Darcy was not a Sheriff, nor was he acting in the capacity of a 
Sheriff ; neither was the person George Davis a prisoner within the mean- 
ing of the above section. 

Mr. Darcy was acting in the capacity of a private individual, and 
George Davis was an escaped convict whose transportation to State Prison 
had already been paid by the State. Mr. Darcy should have looked to the 
State Board of Prison Directors for any claim he may have for trans- 
portation. 

4. Jerome Deasy, for expenses as agent of the State of California, in the 
extradition of Alexander Penfield Clark, a fugitive from justice, incurred 
during April and May, 1887, $419 75. 

Decision : Rejected, because the requisition upon the authority of British 
Columbia, to which place the said Alexander Penfield Clark had fled for 
safety, and the commission appointing Jerome Deasy as agent of the State 
of California to receive and oring back the said fugitive from justice 
to this State, was not issued by the General Government at Washington 
until June 22, 1887. Therefore, any expenses of Jerome Deasy incurred 
prior to that time were not legitimate expenses against the State. 

5. Jerome Deasy, for expense as agent of the State of California in the 
extradition of Alexander Penfield Clark, a fugitive from justice, charged 
with forgery, $998 15. 

The Board cut down the items of " paid for hack hire on day of leaving 
Victoria," from $10 to $5, because of being excessive and exorbitant. 

The Board rejected the item of "paid M. W. T. Drake, counsel for peo- 
ple, $500," 

Decision: Jerome Deasy had no authority to employ such counsel. His 
commission as agent of the State of California was to receive from the 



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REPORT OF THE STATE BOARD OF EXAMINERS. i> 

proper authorities of Victoria, British Columbia, the person of Alexander 
Penfield Clark and to convey him back to the State of California, there to 
be dealt with according to law, and not to do anything else. It was the 
province of the Governor to decide whether or not the State should incur 
such an indebtedness. If these matters were left to the discretion of every 
agent of the State appointed by the Governor for the purpose of receiving 
from a State or foreign Government a fugitive from justice, the State would 
be bankrupt within sixty days. 

The item of "incidental with officers, July 12th to 30th, $20," was 
rejected because this item most probably meant, ** liquors and cigars," and 
this Board does not believe that such are legitimate charges against the 
State. 

The item of ''service of self from July 8th to August 5th, inclusive, 
twenty-nine days at $6, $174," was reduced $29, or twenty-nine days at $5. 
It was deemed excessive and exorbitant, and that $5 per day was ample 
compensation for such services. 

6. Wm. Gruhn, for expenses to San Antonio and return for the purpose 
of identification of Bertha Stanley, alias Big Bertha, and W. H. M. Stan- 
ley, in the matter of the extradition of the said Stanley, fugitive from jus- 
tice, charged with grand larceny and obtaining money under false pre- 
tenses, $190 15. 

Decision : Rejected. Requisition was issued upon the Governor of Texas 
for the arrest of said Bertha Stanley and W. H. M. Stanley; and James 
W. Gillan and Jno. Parrotte were appointed the agents of the State of Cali- 
fornia to receive from the proper authorities of the State of Texas the said 
fugitives from justice, and to convey them back to the State. Wm. Gruhn 
was not an agent of the State, and the basis of the appropriation made by 
the Legislature " for arresting criminals without the limits of the State," 
was Section 1557 of the Penal Code, which reads : 

Section 1.567. When the Governor of this State, in the exercise of the authority con- 
ferred by Section 2, Article IV of the Constitution of the United States or by the laws of 
this State, demands from the Executive authority of any State of the United States, or of 
any foreign Government, the surrender to the authorities of this State of a fugitive from 
jostice. who has been found and arrested in such State or foreign Government, the 
accounts of the person employed by him to bring back such fugitive must be audited by 
the Board of Kxaminers, andV»id but of the State Treasury. 

Therefore Wm. Gruhn was not entitled to receive any expenses for his 
trip to San Antonio. 

Furthermore, the said Wm. Gruhn made said trip to San Antonio for 
private reasons, he being the prosecuting witness and most anxious to 
secure the conviction of the said Bertha Stanley and W. H. M. Stanley. 

7. Ira G. Hoitt, Superintendent of Public Instruction, for traveling ex- 
penses, $46 50. 

This claim was presented as a deficiency against the appropriation for 
traveling expenses of the Superintendent of Public Instruction for the 
thirty-eight fiscal year. 

Decisioji: Rejected, because the Board believes that the appropriation 
of one thousand dollars a year is sufiicient for the Superintendent of 
Public Instruction, to pay for all necessary traveling expenses, if the same 
degree of care and foresight was used as an ordinary business man would 
employ in the proper conduct of his business, and do not believe that the 
money of the State should be recklessly expended. 



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10 REPORT OF THE STATE BOARD OF EXAMINERS. 

8. S. A. Leary et al., for the arrest and conviction of Joseph Frey, a 
highwayman, $300. 

Decision: Rejected, because the said Frey, although arrested for partici- 
pating in a highway robbery, was afterwards charged with murder in the 
secona degree and convicted of the crime, and is now serving a term of 
twenty-five years in the State Prison at San Quentin. No conviction was 
had for highway robbery, and under the provisions of an Act of the Legis- 
lature, entitled "An Act imposing certain duties upon the Grovernor of the 
State," approved April 3d, 1876, (Statutes 1875-76, p. 855), the reward 
can only be paid upon the conviction of the person or persons "charged 
with the oftehse," and a special provision is made therein that "no reward 
shall be paid except after such conviction." 

W. B. May, for expenses attending the twenty-seventh session of the 
Legislature, $384. 

This bill is for the expenses of W. B. May," former Secretary of the 
Yosemite Valley Commissioners, for expenses at Sacramento — was pre- 
sented in June, 1887, and is a literary as well as a legislative curiosity. 
We append a copy of the same. 

Yosemite Valley Cohmissionebs, 

Id exi)€nse account with W. B. May, Dr. 

March 10, 1887. 

To personal expenses of attendance upon the twenty-seventh session of the Legislature 
of California, unaer an order of the Board of Commissioners to Manage the Yosemite 
Valley and Mariposa Big Tree Grove, with view to give facts in replv to ail questions 
raised by that body, and to promote the passage of the three certain Dills approved by 
said Board, and generally to assist in proper legislation, $204. 

To four trips from Sacramento to San Francisco, two of them by order of Governor 
Bartlett, to obtain books and papers needed for examination, and two of them made nec- 
essary by the demands of the Controller's office for additional papers relating to second 
payment to contractor for hotel, $20. 

On the last business day of the Assembly (the three Yosemite bills having been hope- 
lessly lost on the tile) an order of the House was made that the roll be called— each 
member in order to name one bill for immediate consideration. Under this order the 
Yosemite bills were called up and passed almost without dissent In this relation I spent 
$160. 

At 11 o'clock p. M. on the last night of the session. I paid each of the two clerks in the 
Senate Engrossing-room, $5 to expedite engrossment of Yosemite Bills, $10. 

Decision: Rejected, because this Board does not believe that the money 
appropriated by the Legislature for the support and maintenance of any 
Board, Commission, or officer should be used for the purpose of "lobbying. 

J. K. Dollison, for discovering that the estate of Jos. Waxin, deceased, 
should be escheated to the State. 

Decision: Rejected, because the 10 per cent provided by Section 474 of 
the Political Code, had already been paid to the attorney, who prosecuted 
the suit for the recovery of the estate, and that the State was not liable in 
any greater sum. 

CLAIMS FOR WHICH NO APPROPRIATION HAS BEEN MADE. 

We have further to report, that there has been filed in this office certain 
claims against the State, of an equitable nature, for the payment of which 
there has been no appropriation made. Below is a statement of such 
claims, with the action of the Board thereon. 

1. N. P. Cole & Co., for three walnut cabinets for the Governor's office, 
$1,220. 



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REPORT OF THE STATE BOARD OF EXAMINERS. 11 

The Governor's office was sadly in need of a receptacle for the proper 
filing of the official papers and documents of the office. The previous 
administration sufifered for want of such accommodation to the extent 
that it is now almost impossible to find any paper or document that was 
received during that administration. 

The Board approves the claim and recommends its payment. 

2. John Bidwell, traveling expenses, two hundred and twenty-three 
miles, at 20 cents per mile, $44 60. 

3. L. H. Mcintosh, two hundred and twenty-three miles, at 20 cents a 
mile, 144 60. 

4. A. H, Crew, two hundred and twenty-three miles, at 20 cents a mile, 
144 60. 

5. J. W. B. Montgomery, two hundred and twenty-three miles, at 20 
cents a mile, $44 60. 

These are claims for the traveling expenses of the members of the 
Board of Trustees of the Northern Branch State Normal School incurred in 
attending the annual meeting of the Trustees of the three State Normal 
Schools, as provided by law, and held in the city of San Jose, on August 
0, 1887. The charges were made as provided by Subdivision 8 of Section 
1489 of the Political Code. Each Trustee attending such (joint) meet- 
ings shall receive the same mileage as is allowed by law to members of 
the Legislature. 

Section 354 of the Political Code provides for the appointment of the 
Trustees of the Normal Schools. Section 1492 provides for the joint meet- 
ing of the Trustees of the three Normal Schools at least once in ev.ery 
school year; and Section 1487 of the same Code provides that the travel- 
ing expenses of the Trustees shall be paid out of the appropriation for the 
support of the several schools. There have been appropriations made for 
the support of the Normal Schools located at Los Aiigeles and San Jose; 
but as the Normal School located at Chico is at present only in the stage 
of construction, there has been no appropriation as yet made for its support 
and maintenance, and hence there was no money out of which these 
claims could be paid. When the law provides that a thing shall be done 
it contemplates that the machinery to carry the law into effect will be 
provided. 

The Board approves these claims and recommends the appropriation of. 
money with which to pay the same. 

6. John Bidwell, traveling expenses from Chico to Los Angeles, five 
hundred and forty-one miles at 20 cents a mile, $108 20. 

7. A. H. Crew, traveling expenses from Chico to Los Angeles, five hun- 
dred and forty-one miles at 20 cents a mile, $108 20. 

8. L. H. Mcintosh, traveling expenses from Chico to Los Angeles, five 
hundred and forty-one miles at 20 cents a mile, $108 20. 

These claims are of the class as the preceding one, and the same reasons 
and arguments apply here. 

The Board approves the same and recommends that money be appro- 
priated to pay the same. 



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12 REPORT OF THE STATE BOARD OF EXAMINERS. 

9. W. E. Dean, for reporting the proceedings of court-martial of Captain 
John Rapp, and furnishing transcript of same, $150. 

Captain John Rapp was court-martialed and tried as provided by law 
for conduct unbecoming an officer and gentleman, in violation of the sixty- 
first article of war. 

It was necessary at such trial that the proceedings should be taken down 
by a stenographer. Mr. Doan was employed to report the proceedings. 

The Board approves the same and recommends its payment. 

10. S. W. Ravely, for printing briefs, etc., in the following cases in which 
the State is a party in interest: People ex rel vs. W. A. Phillips; People 
ex rel vs. William Blanding; People ex rel vs. W. H. Knight; People ex 
rel vs. Geo. S. Evans, $120. 

This indebtedness was incurred in the above named cases by John P. 
Dunn, State Controller. The history of the cases are well known. There 
was no appropriation out of which this claim could be paid, and the print- 
ing of the briefs and summons was necessary to continue the cases, and 
to protect the interest of the State of California. 

The Board approves the same and recommends its payment. 

11. Ben Cohen, for decoration on State Capitol for the Grant obsequies, 
August, 1885, $118. 

There was no appropriation out of which such a claim could have been 
paid, and it was highly appropriate that the State Capitol should be 
draped on this occasion on which the entire nation expressed its feeling of 
love over the death of its greatest soldier and sympathy for his bereaved 
family. 

The Board approves the same and recommends its payment. 

12. A. A. Bennett, for architectural services, $25. 

The Legislature of 1887 appropriated the sum of $1,246 13 for the pur- 
pose of altering a room of the first floor of the State Capitol, to be used 
exclusively by ladies. In order to make such alterations the water and 
drain pipes of the State Capitol had to be definitely located, and as the 
plans of the State Capitol had been destroyed by fire some years ago, and 
Mr. Bennett was the architect emploved by* the State Capitol Commis- 
sioners during the construction of the State Capitol, he was, therefore, able 
to furnish the desired information and definitely locate the water and 
sewer pipes, and his services were employed by the Secretary of State. 

The Board therefore approves the same and recommends its payment. 

13. C. C. Rochford, for expenses incurred in arresting and conveying J. 
R. Franklin, a fugitive from justice, from the State of Oregon to Alturas, 
Modoc County, California, $603 15. 

On August 1, 1883, one Grey Utley was murdered by one J. R. Frank- 
lin, who fled from this State into the State of Oregon. Mr. Rochford, who 
had lately been elected Sheriff" of Modoc County, and was unversed in the 
modes of proceeding in such cases and who felt that his only duty in the 
premises was to pursue and capture the murderer, followed the said J. R. 
Franklin into the State of Oregon, and arrested him, and without a requi- 
sition brought him back into this State, where he was tried and convicted 
of the said crime. Mr. Rochford, in his inexperiences, thought that the 
county would pay his expenses; but the county refused to do so, claiming 
that it was a charge against the State. He therefore presented his bill of 
expenses to the State; but as the appropriation " for the arrest of criminals 



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REPORT OF THE STATE BOARD OF EXAMINERS. 13 

without the limits of the State " was made to provide for the payment of 
the accounts of authorized agents of the State under Section 1557 of the 
Penal Code, which reads, " When the Governor of this State, in the exercise 
of the authority conferred by section two, article four, of the Constitution 
of the United States, or by the laws of this State, demands from the 
executive authority of any State of the United States, or of any foreign 
government, the surrender to the authorities of this State of a fugitive from 
justice, who has been found and arrested in such State or foreign govern- 
ment, the accounts of the person employed by him to bring back such 
fugitive must be audited by the Board of Examiners, and paid out of the 
State Treasury ;" and as Mr. Rochford was not an authorized agent of the 
State, acting under a commission of the Governor of California to receive 
from the proper authorities of Oregon and convey back to this State the 
person of J. R. Franklin, the Board of Examiners refused to allow the 
claim. 

As Mr. Rochford was at fault only through inexperience, and as he fear- 
lessly did his duty and brought the guilty to punishment, we do not 
believe he should financially suffer, and we believe that the claim is a just 
one. 

The Board approves the same and recommends its pajonent. 

14. Wm. Gutenberger, for making iron fence for counter in the ofiice of 
the State Treasurer, C495. 

The State Treasurer receives and pays out large sums of money, and 
the Board felt that such ordinary protection shoula be given him as a pri- 
vate bank provides against a possible robbery. Therefore, they ordered 
him to have placed around the counter in this office a strong iron fence. 

The Board approves the same and recommends its payment. 

15. Jas. J. Lynch, for clerical services in the office of the Surveyor- 
General, $532. 

On March 5, 1888, Hon. Theo. Reichert, Surveyor-General addressed the 
following letter to the Board, which fully explains the claim: 

Office Surveyor-General and Register State Land Office, \ 
State of California, Sacramento, March 5, 1888. j 

To the Honorable Board of Examiners, State of California : 

GENTLEaf EN— Owing to the unprecedented increase in the business of this department 
I find that it is impossible to do the work required with the present limited clerical force 
and it has only been through their voluntarily working early and late before and after 
office hours that I have been able to keep the current work up' as close as it is, and many 
matters have to be delayed for the reason above stated. 

At no time in years has there been such demand for State lands as at the present time. 

The enclosed s'tatement of fees collected by this department for the last twelve months, 
amounting to over $27,000, will give you some idea of the business done. 

Section 3546, Political Code, requires the Register, on the first Monday in May of each 
year, to forward to the District Attorney of each county in the State, a statement embrac- 
ing all the lands in the county upon which payments have not been made. 

As you are aware, there is at present no fund upon which this department can draw for 
the payment of extra clerks. 

Now. gentlemen, in view of the above facts, I would most respectfully and earnestly 
request your honorable Board to do that which may be requisite or necessary to author- 
ize me to employ a competent clerk, for a period not to exceed four months, at a salary 
not to exceecf $133 per month, it being understood that payment for such services cannot 
be made unless the Legislature shall provide for same. 

Should your honorable Board desire anv further information relative to the business of 
this department, the facts will be cheerfuflv furnished to you. 

Asking your favorable consideration of tliis very important matter, 

1 am very respectfully your obedient servant, 

THEO. REICHERT, 
Surveyor-General, and ex officio Register State Land Office. 



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14 REPORT OP THE STATE BOARD OF EXAMINERS. 

Permission was granted the Surveyor-General to employ such assistance 
Below is appended his approval of the claim of Mr. Lynch. 

Office Survkyor-Qenehal and Register State Land Office, ) 
State of California, Sacramento, September 19, 1888. J 

To the HonoTohle Board of Examiners: 

Gentlemen:— I herewith present the claim of J. J. Lynch for |532, for four months' ser- 
vices rendered in this office during March, April, May, and June of this year, and respect- 
fully ask that you recommend the next Legislature to make provision for the payment of 
same. 

You are aware that on account of the enormous amount of work which had accumu- 
lated in this office it was impossible for the regular force of employes to cope with it, and, 
after consultation with your honorable body, I deemed it for the best interests of the 
people of this State having business with this department, to employ an extra clerk, rely- 
ing upon the justice of the next Legislature to provide for the payment of the claim. 
I hereby certify that the claim of J. J. Lynch is correct and just, and that the services 
were faithfully performed. 

THEO. REICHERT. 
Surveyor-General and ex officio Register State Land Office. 

The Board approves the same and recommends its paymment. 

16. Jas. Touhey, for grading Fifteenth Street, from L to N, in front of 
State property, $585 43. 

The following communication, from Jas. Touhey, explains the necessity 
for incurring the above indebtedness: 

Sacramento, Cal., August 22, 1888. 

To the Honorable State Board of Capitol Commissioners: 

Gentlemen— Noticing the deplorable condition that Fifteenth Street is left in,bv reason 
of the street railroad companies having placed their road bed to the new grade oraered bj' 
the City Surveyor, and the great inconvenience to those that desire to visit the State Expo- 
sition Building by vehicles of any kind, I take the liberty of makfiig you the following 
proposition : I will grade the west side of the street (that which the State will have to grade 
next season, when the city authorities declare their intention, as required by law, to have 
this work done), and use the finest unscreened gravel for this work, to a depth of eight 
inches. The depression that needs this work is about sixteen feet in width, and extends 
from L Street on the north, to N on the south, a distance of seven hundred and forty feet. 
I will do this work under direction of the Street Commissioner and City Surveyor, in 
accordance with the ordinances, at the same rate as I am now doing Ninth Street, in this 
city, viz: $1 75 per cubic yard for the gravel, and 45 cents per cubic yard for such dirt till- 
ing as is necessary. This portion of the work is small, however. (Jf this entire work the 
cost will not exceed |600, for payment of which I will aj^ree to await the action of the Leg- 
islature, if such bill is approved, and will be included in your recommendations for pay- 
ment by the State, either as a deficiency, or in separate bill, to pay for the same, account 
of improvements to Sttite property ordered by the city. 

JAMES TOUHEY. 

Approved. 

To this was made the following answer : 

We would prefer the work being done by the city, and present a bill against the State 
for the same, which we will approve of as a deficiency ana recommend payment; but if 
that cannot be done, we will accept the within proposition. 

R. W. WATERMAN, Governor. 

W. C. HENDRICKS. Secretary of State. 

State Capitol Commissioners. 

It appears that the City of Sacramento would not agree to the proposals 
of the State Capitol Commissioners. The work was therefore done by that 
Board. 

We therefore approve the same and recommend its payment. 

17. John A. Cole, for conveying Ah Bean from the State Prison at Fol- 
som to San Bernardino, $116 55. 



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RKPORT OF THE STATE BOARD OF EXAMINERS. 15 

John A. Cole is Sheriff of San Bernardino, and transported the said Ah 
Bean, upon the authority of a certificate of probable cause for a new trial, 
issued by Niles Searls, Chief Justice of the Supreme Court. Section 211 
of an Act of the Legislature, approved March 17, 1887, entitled " An Act 
to amend Section 178," provides that the Sheriff " shall receive all ex- 
peDses necessarily incurred in conveying persons to and from the State 
Prisons and insane persons-to and from the Insane Asylum, which shall be 
allowed by the Board of Examiners and collected from the State." It 
was clearly the intention of the Legislature that Sheriffs should receive 
all necessaiy expenses for cgnveying prisoners from State Prisons, but there 
being no appropriation for that purpose, and the appropriation for the trans- 
portation of prisoners to the State Prisons not oeing applicable to the 
payment of such claims, the Board approves the same and recommends its 
payment. 

18. Chas. E. Hughes, for conveying J. M. Gonzales from the State 
Prison at San Quentin to Crescent City, Del Norte County, $131 50. 

Chas. E. Hughes is Sheriff of Del Norte County, and transported the 
said J. M. Gonzales because of a new trial having been granted the 
defendant. 

The action taken on this claim was the same as on the preceding one. 
The Board approves the same and recommends its payment. 

19. W. F. Pumell, for salary as -clerk in office of Superintendent of 
Public Instruction, from August 1, 1887, to June 30, 1888, $1,466 67. 

Section 4 of an Act entitled, " An Act to amend an Act entitled an Act 
to provide for compiling, illustrating, electrotyping, printing, binding, 
copyrighting, and aistributing a State series of school text-books, and 
appropriating money therefor," approved March 15, 1887, authorized the 
Supenntendent of Public Instruction to employ assistance necessary to the 
carrjping out of the provisions of this Act, but failed to make an appro- 
priation for the payment of such assistance. Under this Act the above 
indebtedness was incurred. 

The Board approves the claim, and recommends its passage, and also 
that the sum of $1,600 be appropriated to pay the salary of such assistance 
to the Superintendent of Public Instruction for the fortieth fiscal year. 

20. Exp>enses of funeral of Governor Bartlett. 

The official position of the late Chief Executive of this State, Hon. 
Washington Bartlett, required that a public burial be accorded his 
remains. The Committee, composed of Hon. W. D. English, Hon. A. P. 
Williams, Hon. Arthur Rodgers, and Hon. W. H. Jordan, which conducted 
said burial, contracted an indebtedness of $3,057 16, which was borrowed 
from the Bank of California at the rate of 7 per cent per annum, from 
September 22, 1887, to date of payment. 

The Board approves this claim and recommends that the sum of 
$3,360 32 be appropriated to pay said claim and interest thereon. 



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16 REPORT OF THE STATE BOARD OF EXAMINERS. 

The following is a complete list of the bills incurred by said Committee: 



Name. 



N.Gray <te Co 

United Carriage Company 

W. and J. Sloane & Co., interior decorations 

Peter Pumyea , 

Alta California Publishing Company 

San Francisco Call Publishing Company (three bills) 

8an Francisco Chronicle 

Daily Report (two bills) 

The Evening Post Publishing Company 

The Examiner (three bills) 

Robert Westfield, sexton Trinity Church 

Pacific Carriage (company .' 

Blum's Orchestra Band 

H. S. Crocker (fe Co 

Charles Meyer & Son 

Walcott's Band 

First Artillery Band, from Presidio 

P.Fustina 

Choir and Organist, Trinity Church 

J.M. Li<chfieId(twobiUs) 

Keane Bros 

A. J. Peterson, messenger... 

P. Corkery •_. 

San Francisco District Telegraph Company 

A. T. Vogelsang (sundries) 

Marion Wells, sculptor 

William Meyer & (;o, flowers ! 

San Francisco Bulletin Company 

I. W.Taber 

Pacific Postal Telegraph Company 

Company F, Third Regiment 

Occiaental Hotel 

W. and J. Sloane<& Co., exterior decorations 

Received for material used in drapery sold by W. and J. Sloane <fe Co 



1871 65 


148 00 


566 26 


50 00 


60 00 


54 00 


78 40 


800 


6 00 


32 50 


91 00 


125 00 


114 00 


64 45 


132 00 


95 00 


110 00 


40 00 


175 00 


24 30 


1 25 


600 


25 00 


12 70 


34 00 


25 00 


17 60 


500 


18 00 


6 61 


75 33 


10 00 


54 81 


$3,135 66 


78 50 



13,057 16 



It was appropriate and necesssary that the State Capitol should be 
draped on this occasion, for which an indebtedness of $288 35 was incurred, 
the items of which are as follows: 

21. E. U'on & Co., materials $178 35 

22. C. M. Bumbaugh, drapery 100 00 

23. L. M . Landsborough, iState Janitor, expressage, sewing, etc 10 00 

Total ^288 35 

The Board approves these claims and recommends their payment. 

24. Payment of stenographer of the Board of Railroad Commissioners. 

The Act of the Legislature approved April 15, 1880, entitled "An Act to 
organise and define the powers of the Board of Railroad Commissioners," 
provided that the Board should employ a stenographer and an appropria- 
tion for payment of his salary has been made by each session of the Legis- 
lature except in 1887, when through an oversight that item in the General 
Appropriation Bill was omitted and the services of a stenographer was a 
necessity to the work of the Board, which presents claims for the payment 
of J. P. Gawthorne for services as stenographer from July 1, 1887 to June 
30, 1888, in the sum of $2,116 60, and from July 1 to December 31, 1888, 
$750. 

The Board approves the claims and recommends their payment. 

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REPORT OF THE STATE BOARD OF EXAMINERS. 17 

25. Expenses of the extradition of Calvin Pratt. 

In 1885 one Calvin Pratt defrauded the Pacific Bank of San Francisco, 
bj means of forged checks, and fled from the Justices of this State by 
leaving on the tenth of November on the steamer sailing for Yokohama. 
There being no extradition treaty then existing between this country and 
Japan, the United States did not have the power to demand the arrest 
and surrender of the said Pratt; but Hon. T. F. Bayard, the Secretary of 
State of the United States, through the Minister of Japan at Washington, 
requested the arrest and surrender of the said Pratt by the Japanese 
Government, as a matter of international courtesy. The Japanese Gov- 
ernment caused the arrest of Pratt on the second day of December, 1885. 
The papers, showing the ex parte proofs of the commission of the crime 
with which said Pratt was charged, were made out and signed by the 
Governor of this State on December third, 1885, and the authorized agent 
of the State sailed on December tenth for Japan, where he received from 
the authorities of that country the forger Pratt and conveyed him to this 
State, where he was convicted of the crime of forgery and is now serving 
a term in the penitentiary. 

The Japanese Government, in extending this courtesy to the United 
States, expended ^1,233 46 as follows: Telegrams, 818.43 yens; board of 
Pratt from December 2, 1885, to January 7, 1886, 68.78 yens; costs and 
fees of officers of the court, 41.67 yens; making a total of 928.84 yens, or 
11,233 46. 

There was no stipulation that these expenses should be paid by this 
State, the whole proceedings being based on comity, and the Japanese 
Government has not asked to be reimbursed for this outlay, but through 
the Hon. Richard B. Hubbard, the United States Minister at Tokio, this 
Board is advised of the amount expended by the Japanese Government 
in the extradition of said Pratt. 

This Board recommends to your honorable bodies that the sum of 
$1,233 46 be appropriated, to be paid to the Japanese Government 
through ite accredited Minister at Washington. 

26. Cost and expenses of •trials for the violation of fish laws, $1,800 81. 
The Legislature, in 1887, provided that "the costs and expenses of 

all trials which shall hereafter be had in any county of this State, of any 
person charged with having on any of the navigable waters of this State, 
nolated any of the provisions of any law of this State for the preservation 
of fish and the cost of keeping and guarding such person, ana the execu- 
tion of the sentence of said person, shall be borne and paid by the State" 
(Statutes of California, 1887, p. 5), but neglected to appropriate any money 
to meet such expenses. 

The following bills have been incurred under this statute, and have been 
duly certified by the District Attorney as therein provided: 

<■. D. Dagnol. Constable fees |41 15 

W. D. McDowell, Constable fees 57 00 

W.D.Hyde. Constable fees 52 40 

C. Davis, Justice's fees 45 00 

C. A. Sweeney, Constable fees 15 30 

F.B.Ogden. "Justice's fees 6 00 

James Kankin, boarding prisoners 339 67 

Kdward Louean, Constable fees 60 75 

E. Gardner, Justice's fees 78 00 

Jno. D. Ingersol, Justice's fees 6 00 

J. E. F. Smith, Constable fees 12 44 



2* 



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18 REPORT OF THE STATE BOARD OF EXAMINERS. 

O. C. Hawkins, Constable fees 90 00 

George T. Bush, Constable fees 207 10 

Henry Wilson, Constable fees 11 20 

FongSoon, Interpreter's fees 3 00 

W. F. Boardman, Engineer's service 15 00 

John Gannon, Constable fees 19 00 

C. W.Riley, Justice's fees 69 00 

D.D. Wills, Justice's fees. .-.--- « 00 

L. L. Boone, Justice's fees -_1 9 00 

H. D. Corlette, boat hire 20 00 

H. D. Corlette, board of prisoners 4 00 

R. C. Welch, Justice's fees 15 00 

M. H. Bailhache, Justice's fees 112 30 

J. L. Sutton, Constable fees 34 60 

M. Abeille, board of prisoners 218 50 

James Roney, Sheriff fees, etc • 253 50 

Total n,800 81 

The Board approves the claims, and recommends that $1,800 81 be 
appropriated to pay these claims, and that some provision be made to 
meet such claims in the future. 

27. C. M. Bumbaugh, for cleaning the basement of the State Capitol, 
$1,300. 

Ev^r since the occupancy of the State Capitol the basement has been 
used for depositing all the ashes, waste paper, and rubbish, of the build- 
ing. It was filthy in the extreme, and was endangering the health, if not 
the lives, of the ofiicers. 

This rubbish was removed, and the basement thoroughly fumigated and 
whitewashed, under contract with CM. Bumbaugh. The work was a 
necessity, and was well done. 
* The Board approves the claim and recommends its payment. 

28. T. W. O^Neal, for painting and frescoing the rooms of the Superin- 
tendent of Public Instruction, and of the State Treasurer, $1,970. 

These rooms were sadly in need of painting, and, although there was no 
money with which to pay for such work, the Board authorized it to be done. 
The Board approves the claim and recomniends its payment. 



DEFICIENCY CLAIMS. 

Prior to the last session of the Legislature, the following section was 
always appended to the " Government Appropriation Bill." 

Sec. 5. The officers of the various departments, boards, commissions, and institutions, 
for whose benefit and support appropriations are made by this Act, are expressly forbid- 
den any expenditure in excess of sucn appropriations, except the unanimous consent of 
the State Board of Examiners be first obtained, and a certificate in writing of the una- 
voidable necessity for such expenditure, duly signed by every member of said Board; 
and any indebtedness attempted to be created against the State in violation of the pro- 
visions* of this section shall be absolutely nuU and void. 

Under this section whenever an appropriation was exhausted, the board, 
commission, or officer for whose use the appropriation had been made, 
petitioned this Board for authority to create an indebtedness, and when- 
ever, in the judgment of this Board, the creation of such an indebtedness 
was an unavoidable necessity, arising out of condition of which the Leg- 
islature had no knowledge at the time of making the appropriation, the 
authorization was given and the bills approved and sent to your honorable 



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REPORT OF THE STATE BOARD OF EXAMINERS. 19 

bodies for settlement. We would suggest, that inasmuch as there are 
always arising contingencies for which the Legislature cannot make pro- 
visions, that such a clause in the General Appropriation Bill should he 
made. This will work no hardship upon any department of the State, and 
with a careful Board of Examiners will not be subject to abuse. 

The Legislature convened in the twenty-seventh session changed this 
section, and provided that " the officers of the various departments, boards, 
commissions, and institutions, for whose benefit and support appropriations 
are made by this Act, are expressly forbidden any expenditure in excess 
of such appropriations, and any indebtedness attempted to be created 
against the State, in violation of the provisions of this section, shall be 
absolutely null and void." 

This has, in cases, worked a great hardship, for the appropriations for 
many of the institutions and commissions were meagre, and totally inade- 
quate for their uses, and the Board of Examiners have carefully examined 
this class of claims, and have approved the following, and do earnestly 
recommend that appropriations be made to pay the same. • 

The following is a complete statement of all the deficiency claims on file 
in this office, a synopsis of their history, the reason for the approval of the 
Board, and the appropriation against which they are chargeable: 

« 

Support of the State Printing Office for the Thirty-eighth Fiscal Year. 

At the beginning of the present administration it was discovered that the 
appropriation of $145,000, made by the twenty-sixth session of the Legis- 
lature, for the support of the State Printing Office for the thirty-seventh 
and thirty-eighth fiscal years, was nearly exhausted, and this fact was 
called to tiie attention of the last Legislature, which made an appropriation 
of $25,000 to meet the unavoidable deficiency. This appropriation was far 
too meagre and inadequate to carry on the department, as was afterward 
shown, for that sum was all expended by April 18, 1887, and the statutes, 
journals, and appendices of the twenty-seventh session of the Legislature 
had not been published * It was necessary that this and other work should 
be done. It was impossible to discontinue work at the State Printing 
Office, and the following indebtedness was incurred: 

Payroll of compositors, pressmen, binders, and other emploves, from 
April 18 to June 30, 1887, $9,675.25. 

These payrolls were approved by this Board October 3, 1887, and the 
following certificate of approval attached to them: 

State or California, ) 

Office of the State Board of Examiners, p^* 

Sacramento. October 3, 1887. 

Whereas, The appropriation "for the support of the State Printing Office" for the 
thirty-eighth (38th) nscal year having been exhausted, and the Superintendent of State 
Printing hayine certified to this Board the attached payrolls of employes of the said 
State Printing Office; and, whereas, the said payrolls cannot be paid until an appropriation 
be made for such purpose, we, the undersignea members of the State Board or Examiners 
of the State of California, have this day, under section 663 of the Political Code, audited 
and approved said attached claims, amounting in the aggregate to the sum of nine thou- 
sand six hundred and seventy-five and twenty-five one hundredths dollars ($9,675 25), and 
do hereby transmit the same to the honorable, the Senate and Assembly of the State of 
California, with this statement of our approval. 

We further recommend that the legal rate of interest be allowed upon said claims from 
the date of such indebtedness. 

R. W. WATERMAN, 
WM. C. HENDRICKS, 
G. A. JOHNSON 

State Board oi Examiners. 



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20 REPORT OF THE STATE BOARD OF EXAMINERS. 

We recommend that the above mentioned sum be appropriated to meet 
this indebtedness, and would ask your careful consideration of the ques- 
tion of allowing interest on this class of claims. 

Supplies were furnished the State Printing Office from April 18 to June 
30, 1887, as follows: 

June 30, 1887— Blake, Moffitt & Towiie, book paper $956 fJO 

Mav 14, 1887— Blake, Moffitt & Towne, bond paper 195 34 

April 6, 1887— Blake, Moffitt <fe Towne, book paper 401 30 

March 23, 1887— Blake, Moffitt & Towne, tissue paper 20 2.'> 

March 4, 1887— Blake, Moffitt <fc Towne, tar board, etc 150 70 

June 14, 1887— Friend & Terry Lumber Company, lumber 291 <58 

March 1, 1887— Sullivan & Co., oil, etc. 24 05 

March 17, 1887— O. F. Washburn, soap, etc 5 50 

February 1. 1887— Sullivan & Co., goldleaf, etc IW 25 

J une 30, 1887— Capital Gas Company, gas from March 1 to June 30 . . 2fi9 10 

March 1, 1887— Capital Gas Company, gas from February 1 to March 1 217 80 

June30, 1887— W. S. Leake, indexing statutes, etc 400 00 

June30, 1887— P. L.Shoaff, incidental expenses 03 70 

January 31, 1887— S. F. Photograving Company, prints 150 00 

June 30, 1887— Umon Ice Company, ice, Mavand June 10 75 

June 30, 1887— E. Lvon & Co., cloth, etc 1 9 87 

June 30, 1887— City Water Works, water, May to July 30 00 

February 17, 1887— Britton & Rev, lithographing 367 50 

March 4^ 1887— H. S. Crocker & Co., lithographing 90 00 

June 17, 1887— H. S. Crocker & Co., lithographing 158 00 

June 11, 1887— A. A. Van Voorhies <fe Co., supplies for stable 81 10 

March 11, 1887— Cedar River Coal Companv, coal 547 74 

February 26, 1887— Huntington, Hopkins & Co., hardware 16 01 

March 2, 1887— Goodvear Rubber Company, skivers 392 21 

February 28, 1886— Wells, Fargo & Co., expressage, Februarv 4 30 

November 30, 1886— Cunningham, Curtis & Welch, 3 dozen Morocco skins 97 50 

May 23, 1886— J. G. Davis, chairs - 22 60 

June 20, 1886— M. McElany, horseshoeing 30 00 

June 30, 1880— Sullivan & Co., oils, etc 138 70 

Total $5,308 44 

The Board approves the above claims, and recommends that the sum 
of $5,308 44 be appropriated to pay the same. 

Support of California Home for the Care and Training of Feeble-minded 
Children for thirty-eighth fiscal year. 

In 1885 the Legislature made an appropriation of $45,000 for the estab- 
lishment and support of a Home for the Care and Training of Feeble- 
minded Children ; $25,000 of said appropriation to be used for the purchase 
and furnishing of suitable property, and the remaining $20,000 for the 
support of the institution for two years. This sum was inadequate for the 
proper support of said Home, and became exhausted in January, 1887 ; 
and an indebtedness of $9,835 14 was incurred for the support of the 
institution for the months of February, March, April, May, and June of 
that year, or until the appropriation of $31,550 for the support of the 
Home for the thirty-ninth fiscal year became available. This indebted- 
ness was approved on July 13, 1887, by the Board, and the following 
certificate of approval attached thereto : 

The Legislature, by the Act approved March 18, 1885, having made an appropriation in 
behalf "of the "California Home tor the Care and Training of Feeble-mindea Children" of 
the sum of $45,000, including in that amount the sum of $25,000 for the purchase ancl 
furnishing of suitable property for said institution, and the appropriation having been 
exhausted, and certain claims' amounting to $9,835 14 against said mstitution being un- 
provided for after exhausting said appropriation, which claims are hereto attached, wo, 
the undersigned, members of the Board of Examiners of the State of California, hav<f 
this day under Section 663, Political Code, audited said claims, and do hereby transmit 



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REPORT OF THE STATE BOARD OF EXAMINERS. 21 

the same to the honorable Senate and Assembly of the State of California, with the state- 
ment of our approval. We further recommend the allowance of interest on the claims. 
Dated this 13th July, 1887. 

WASHINGTON BARTLETT, 
WM. C. HENDRICKS, 
G. A. JOHNSON, 

State Board of Examiners. 

The Board recommend the appropriation of the sum of $9,835 14, with 
which to pay this indebtedness. 

Support oj the State Insane Asylum at Stockton, thirty-eighth fiscal year. 

Owing to the large increase of patients received at this institution, as 
shown by the statement of the Directors of the Asylum in a communica- 
tion to the Board, under date of April 8, 1887, as follows: "On October 1, 
1884, the date of our report made prior to the appropriation, there were 
1,250 patients; on March 1, 1885, or when the appropriation was made, 
there were 1,312 patients; and, also, on March 1, 1887, there were 1,537 
patients," There was an indebtedness of $11,246 04 incurred by the 
Directors of the institution, June, 1887, that was unavoidable. 

The Board approve these claims, and recommend that the sum of $11,- 
246 04 be appropriated to pay the claims now on file in this office. 

Support of the State Insane Asylum at Stockton for the thirty-ninth fiscal year. 

It was expected by the Legislature that the California Hospital for the 
Chronic Insane would be ready for occupancy by June, 1887, and that 200 
of the chronic insane patients now confinea in the Stockton Asylum be 
transferred to the Asylum at Agnews, and an appropriation of $13,400 was 
made by the last Legislature for the support of patients in that institution, 
and the appropriations for the support of the Insane Asylums at Stockton 
and Napa were correspondingly decreased. This expectation was not 
realized, and an indebtedness of $12,405 21 was incurred by the Directors 
of the Stockton Asylum for the support of that institution for the month 
of June, 1888. The creation of this indebtedness was unavoidable. 

The Board approves these claims and recommends that the sum of 
112,405 21 be appropriated to pay the claims now on file in this office. 

Stationery^ fuels, lights, and so forth, for the thirty-eighth fiscal year. 

This appropriation was nearly exhausted at the close of last Legislature. 
The major portion therefor having been expended previous to this admin- 
istration, the indebtedness incurred against this appropriation for station- 
ery, etc., amounts to $1,469 84, which the Board approved on October 3, 
1887, as shown by the following certificate of approval, which was attached 
thereto, which shows the date of each claim, the claimant, and the 
amounts : 

State of California, > 

Office of the State Board of Examiners. ) 

Whrbsas, The appropriation "for stationery, fuel, lights, and so forth, for the Legisla- 
ture and State officers " for the thirty-eighth (38th) fiscal year having been exhausted, and 
the Secretary of State of the State of California having certified to this Board of the fol- 
lowing claims : 

January 4, 1887— Cunningham, Curtiss A Welch, for $178 10 

April 28, 1887— Cunningham, Curtiss & Welch, for 60 21 

May 14, 1887— Cunningham, Curtiss <fe Welch, for 15 46 

May 16, 1887— Cunningham, Curtiss & Welch, for 45 17 

May 20, 1887— Cunningham, Curtiss & Welch, for 6 00 

June 2, 1887— Cunningham, Curtiss & Welch, for 9 50 



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22 REPORT OF THE STATE BOARD OF EXAMINERS. 

June 20, li i, Curtiss & Welch, for : 20 68 

April 23, 1 im&Co., for 12 60 

April28.1 im«feCo.,for 27 02 

Mav6, 188 i & Co., for 33 76 

May 14, 18 m & Co., for 16 13 

May 16, 18 m & Co., for 26 35 

June 14, IJ m<fcCo.,for 13 20 

June20, IJ m & Co., for 39 56 

June 24, IJ m & Co., for 1 00 

April 30, Iv.^.— -.«v.. *. *^. J. L. & Co., for 8§ 75 

April 31, 1887— Pac. T. H. E. L. & Co., for 88 50 

June 30, 1887— Pac. T. H. E. L. & Co., for , 85 75 

April 30, 1887— Capital Gas Company, for 200 00 

May 31, 1887— Capital Gas Company, for 180 99 

June 30, 1887— Capital Gas Company, for 100 00 

March 3, 1887— H. 8. Crocker & Co., for 9 00 

March 10, 1887— H. S. Crocker & Co., for ^. 9 00 

October 16, 1886— A. Carlisle <fe Co., for 2 00 

AprU 13, 1887— John Skelton, for 203 71 

Amounting to the sum of one thousand four hundred sixty-nine and eighty-four one 
hundredths dollars (|1,469 84); and, whereas, said mentioned claims cannot be paid until 
an appropriation be made for such jpurpose, we, the undersigned members of the State 
Board of Examiners of the State of California, do hereby audit and approve said claims, 
which are hereunto attached, and do hereby transmit the same to the nonorable the Sen- 
ate and the Assembly of the State of California, with this statement of our approval, 
under the provisions of Section 663 of the Political Code. 
We further recommend that the legal rate of interest be allowed upon said claims. 
Dated the third day of October, A. D. 1887. 

R. W. WATERMAN, 
WM. C. HENDRICKS, 
G. A. JOHNSON, 

State Board of Examiners. 

The Board recommends that the sum of $1,469 84 be appropriated to 
pay these claims. 

Repairs to the State Capitol building^ and furniture and purchase of carpets 
for the thirty-eighth fiiscal year. 

The deficiency in this appropriation is mainly due to the insuflBciency 
of the amount appropriated to keep the State Capitol in good repair. A 
large portion of wie appropriation made for these years was expended in 
thoroughly renovating and putting in good condition the Senate and As- 
sembly Chambers. 

The Board approved these claims on October 3, 1887, and attached 

thereto the following certificate, which shows the date of each claim, the 

claimant, and the amount: 

State of California, > 

Office of the State Board of Examiners. ) * 

Whereas, The appropriation "for repairs to the State Capitol bulidingand furniture and 
furnishing of carpets" for the thirty-eighth fiscal year having been exhausted, and the 
Secretary of State of the State of California having certified to this Board the loUowing 



tary 
3, en: 



claims, cnargeable to said appropriation, to wit: 

January 10, 1887— Smith & Muir, for $30 95 

January 29, 1887— Smith & Muir, for 116 70 

January 29, 1887— Smith & Muir, for 186 23 

March 4, 1887— Smith & Muir. for 40 93 

March 14, 1887— Smith & Muir, for 287 93 

April 21,1887— Smith & Muir, for 25 23 

April 26, 1887— Smith & Muir, for 2 28 

April 3, 1887— Smith & Muir, for 157 72 

January 14, 1887— C.H. Rave, for 18 75 

January 17. 1887— C. H. Rave, for 20 75 

January 26, 1887— C. H. Rave, for 44 75 

February 9, 1887— C. H. Rave, for 45 75 

February 28, 1887— C. H. Rave, for 20 00 

April 5, 1887— C. H. Rave, for 9 75 

March 7, 1887— Holbrook, Merrill (fe Co., for 7 00 



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REPORT OF THE STATE BOARD OF EXAMINERS. 23 

March26.1887--Holbrook,MerriU<ft Co.,for 2 25 

April 29, 1887— Holbrook, MerriU & Co., for 14 00 

May 12, 1887— Holbrook, Merrill & Co., for 12 00 

March 10, 1887— Smith & Young, for 9 65 

February 15, 1887— Smith & Young, for 9 65 

February 19, 1887— Smith & Young, for 14 65 

January 8, 1887— W. D. Comstock, for 370 00 

Februarys, 1887— W. D. Comstock. for 443 00 

February 15. 1887— W.D. Comstock, for 6 50 

Dacember 31, 1886— Ben. Cohen, for 720 88 

January 5, 1887— Ben. Cohen, for 77 50 

February 18, 1887— Ben. Cohen, for 2 63 

January 15, 1887— J. G. Davis, for 436 40 

December 29, 1886— Sullivan & Co., for 116 97 

February 15, 18H7— Sullivan & Co., for 12 70 

January 29, 1887— John Breuner, for 2 50 

March il, 1887— John Breuner, for 45 00 

February 25, 1887— C. S. Houghton, for 2 50 

March 31. 1887— Wm. Gutenberger, for 47 25 

February 23,1887— Sacramento Lumber Co., for 8 10 

January 1, 1887— D. J. Mannii, for 776 75 

December 28. 1886— J. C. Devine,for 26 25 

January 5, 1887— H. W. Rivett, for 78 78 

February 16, 1887— Noble Fisher, for 6 00 

February 26, 1887— S. H.Davis, for 5 05 

March 1, 1887— S. H. Davis, for 6 50 

February 2, 1887— John A. Meyers, for 91 00 

March 1^1887— John A. Meyers, for 49 00 

AprU 1, 1887— John A. Meyers, for .. 40 00 

May 2. 1887— John A. Meyers, for 45 00 

April 26, 1887— Joseph Harris, for 170 00 

May 31, 1887— Joseph Harris, for 65 00 

June 30. 1887— Joseph Harris, for 65 00 

February 1, 1887— J; P. Hughes, for 90 00 

May 1, 1887— J. P. Hughes, for 207 29 

February 1, 1887— J. Strader. for 17 50 

February 2, 1887— George Williams, for 62 60 

February 2, 1887— P. Hannarhan, for 62 50 

January 31, 1887— Charles Herndon, for 10 00 

March 7, 1887— J. G. Davis, for 6 30 

Which are hereunto attached; amounting to the sum of five thousand, two hundred and 
fifty-one and seventy-seven one-hundredths dollars ($5,251 77). And, whereas said men- 
tioned claims cannot be paid until an appropriation be made for such purpose, we, the 
undersigned members of the State Board of^ Examiners of the State of California, do 
hereby audit and approve said claims, and do hereby transmit the same to the honor- 
able the Senate and Assembly of the State of California, with this statement of our 
approval of said claims. We further recommend that the legal rate of interest be allowed 
upon said claims. 

R. W. WATERMAN. 
WM. C. HENDRICKS, 
G. A. JOHNSON, 

State Board of Examiners. 

The Board recommends that the sum of $5,390 47 be appropriated to 
pay these claims. 

Repairs to State Capitol Building, etc,^ for the Thirty-seventh Fiscal Year, 

There is a small deficiency against this appropriation which was incur- 
red by the preceding administration, and has not been paid, as follows: 



Smith & Muir, for plumbing, M 
F. Cady, carpenter work^ ^^J^ 
D. J. Mannix, for plastering Sen 



Smith A Muir, for plumbing. May, 1886 $25 88 

• Y,l^ 11068 

enate and Assembly chambers, July, 1885 96 00 



These claims were approved bv the last Board of Examiners. 
The Board recommends that the sum of $231 56 be appropriated to pay 
the claims. 



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24 REPORT OF THE STATE BOARD OF EXAMINERS. 

Use of the State Board of Horticulture for the Thirty-eighth Fiscal Year. 

The State Board of Horticulture was created by an Act of the Legisla- 
ture, approved March 13, 1883, and the appropriations where made to run 
from April first of one year to April first of the following year. The organic 
Act was amended in 1885, and the appropriation was made to run in the 
same manner instead of conforming to the fiscal years. The last Legisla- 
ture made an appropriation of $20,000 for the thirty-ninth and fortieth 
fiscal years, and incorjiorated it in the general appropriation bill, and, as 
the former appropriation for the support of this Board ceased on the first 
day of April, 1887, and the appropriation for the thirty-ninth fiscal year 
was not available until July 1, 1887, there was a hiatus of three months 
in which there was no money to meet the expenses of this Board. 

The following letter from the State Board of Horticulture, under date of 
December, 1887, shows the claimants, the service, and the amount due: 

San Francisco, December 20, 1887. 
Honorable State Board of Examiners: 

Gentlemen: Inclosed please find demands against the State Board of Horticulture, con- 
tracted by said Board by mistake, between April and July 1, 1887, during which time the 
Board had no funds to a raw upon for any expense whatever, the last appropriation hav- 
ing become exhausted April 1, 1887, and the new appropriation not becoming available 
until July 1, 1887. It was in this hiatus that these Dills were contracted. The Board, at 
their meeting held in this office November 7, 1887, passed the following resolution 

^*Re8olvedj That the Secretary be instructed to forward all the bills contracted between 
April 1 and July 1, 1887, to the honorable the State Board of Examiners, with the request 
that the same be approved by them, and that they transmit the same to the Legislature 
as deficiency bills against this Board." 

The bills are as follows : 

F. Chester, for rent, May and June, 1887 $80 00 

California Patron, one year's subscription 2 00 

Wm. McDonald, Janitor, for April 5 00 

J. Chester, office expenses 10 70 

R. H. FoUis, rent for April, 1887 30 00 

A. S. Chapman, traveling expenses 45 00 

A. Block, traveling expenses 64 45 

Ellwood Cooper, traveling expenses ^ I Gd 53 

J. Chester, traveling expenses 71 75 

E. Kimball, traveling expenses 75 20 

N. R, Peck, traveling expenses 89 00 

M. G. Vallejo, travelmg expenses 107 20 

L. M. Holt, incidental expenses 148 00 

J. Barrows, reporting Seventh Convention 150 00 

W. G. Klee, traveling expenses 201 00 

Total 11,145 83 

I hope that the above claims will receive your unanimous approval, and that you will 
recommend their payment in the Legislature. 

Very truly yours, B. M. LELONG, Secretary. 

The Board approves the same and recommends the payment. 

Official AdvertiMng for the Thirty-eighth Fiscal Year. 

The Legislature in 1885 made an appropriation of $1,500 for official 
advertising, which was ample for the ordinary current advertising of the 
State, but the Legislature of 1887 in an Act entitled '^ An Act to provide 
for the submission of certain proposed amendments to the Constitution of 
the State," etc., approved March 15, 1887, provided that ** the amend- 
ments to each Article of the Constitution shall be voted upon separately 
from the others, in the manner and form prescribed by the Governor, 
which manner and form shall be printed and advertised with the 
proposed amendments for the space of twenty days in such newspapers 



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REPORT OF THE STATE BOARD OF EXAMINERS. 25 

printed in the State, as he may select, not exceeding four in number,", 
but made no appropriation to meet this expense. The proclamation of the 
Governor calling a special election, etc., was published in four newspapers 
in this State, and there being no money with which to pay the indebted- 
ness it becomes a deficiency upon the appropriation for official advertising. 
The claims are as follows: 

San Francisco "Bulletin" $698 60 

San Francisco "Examiner" 732 00 

Sacramento Publishing Company B66 00 

Los Angeles "Herald" G93 00 

The election was held as required by law, and the Executive of the 
State deemed it important that the result of such election should be known 
bv official promulgation, so the proclamation issued under Section 3 of the 
above mentioned Act was published in four newspapers. The costs of such 
publication were as follows: 

San Francisco "Bulletin" Company %120 40 

San Francisco " Examiner" 86 00 

Sacramento Publishing Company 112 50 

The "Wasp" 25 00 

The Board approves these claims and recommends that the sum of 
$3,132 40 be appropriated to pay these claims. 

Official Advertiring for the Fortieth Fiscal Year, 

This Act of the Legislature, entitled "An Act to provide for the funded 
indebtedness of the State of California," approved April 2, 1870, provides 
for the publication of notice in a newspaper published in Sacramento and 
a newspaper published in New York that the State of California was ready 
to redeem funded debt bonds. No provisions were made for the payment 
of such advertising. In June the State Treasurer published such notice 
for one month, and there being no offers of such bonds made to the State 
Treasurer, he, as required by law, readvertieed for three months. 

The bills for advertising for one month were paid out of the appropria- 
tion for official advertising for the thirty-ninth fiscal year. The oill for 
advertising in a newspaper published in Sacramento for three months was 
paid out of the appropriation for official advertising for the fortieth fiscal 
year, which, together with the advertisement of " Proposals for Supplies " 
and the notice of ^^Assessments of Railroads," as required by law, has 
exhausted that appropriation, leaving unpaid the claim of the " New York 
World "for $635 70. 

The Board approves this claim and recommends that the sum of $750 
be appropriatea for the deficiency in the appropriation for official advertis- 
ing for the fortieth fiscal year, with which to pay this claim of the " New 
York World " and to meet such other indebtedness as may be incurred 
during the balance of this fiscal year, such as the publication of the affi- 
davit of the monthly account of the money in tne State Treasury, as 
required by law, etc., etc. 

Salary of Deputy Superintendent of Public Instruction for the Thirty-Eighth 

Fiscal Year, 

The Legislature in 1887 raised the salary of the Deputy Superintendent 
of Public Instruction from $1,800 to $2,400 per annum, but did not make 
an appropriation of money to meet the same. Therefore, there is a defi- 
ciency in this appropriation of $193 SS^. 

The Board approves the same and recommends its payment. 



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26 BEFOUT OF THE STATE BOARD OF EXAMINERS. 

Purchase of Ballot Paper for the thirty-eighth Fiscal Year. 

Blake, Moffitt & Towne presents a claim against this appropriation for 
two hundred and fifty-three reams of ballot paper, at $2 95^ per ream, 
$747 62. 

The Board approves this claim and recommends its payment. 

Water for Irrigation, Purchase of Hose, and Im'plements to he Used on State 
Capitol Grounds for the thirty-eighth Fiscal Year, 

M. R. Rose presents a claim against this appropriation, for repairing 
garden tools, January to June, 1887, $36 70. 
The Board approves this claim and recommends its payment. 

Arresting Criminals without the Limits of the State for the Thirty-ninth 

Fiscal Year. 

J. B. Stanton for expenses incurred in the extradition of W. S. Welling 
from Arkansas, $800 75. 

Dallas McCord for expenses incurred in the extradition of the Lee 
brothers from New Mexico, $687 35. 

John Parrotte and James W. Gillan for balance of expenses due for the 
extradition of Bertha Stanley, alias " Big Bertha," and W. H. M. Stanlev 
from Texas, $140 32. 

The Board approved these claims and recommends that the sum of 
$1,628 42 be appropriated to pay the same. 

Arrest and Conviction of Highway Robbers for Thirty-eighth Fiscal Year. 

John Raggio, et al., for the arrest and conviction of C. A. Kent, Cala- 
veras County, $300. 

Thomas Labadie for balance due upon the rewards of $300 for the arrest 
and conviction of Greorge Tesker, $100. 

The Board approves these claims and recommends that the sum of $400 
be appropriated to pay the same. 

Use of the State Board of Forestry for the Thirty-eighth Fiscal Year, 

The State Board of Forestry present their demand for $23 17 for defi- 
ciencv on the appropriation maoe for the use of that Board for the thirty- 
eighth fiscal year, being the balance due on claims No. 7487 and 7488 of 
that year, for support for December, 1886. 

The Board approves the same and recommends its payment. 

Bulkheadim^, Fencing, etc., of the Grounds of the State Normal School at Los 
Angeles for the Thirty-eighth Fiscal Year, 

The Trustees of the State Normal School at Los Angeles present their 
claim for extra lumber and labor in building fences, stairs, and bulkhead- 
ing, in the sum of $249 59. 

The Board approves the same and recommends its payment. 

Use of Library at State Normal School at San Jose for the Thirty-eighth 

Fiscal Year, 

The Trustees of the State Normal School at San Jose present their claim 
for the purchase of books for the library of that institution in the sum of 
$79 98. 

The Board approves the same and recommends its payment 



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BEPOBT OF THE STATE BOARD OF EXAMINERS. 27 

Expenses of Supreme Court for the Thirty-^inth Fiscal Year. 

J. D. Spencer, Clerk of the Supreme Court, presents claim for the bal- 
ance of rent due for the month of June, 1888, and service of Janitor, in 
the sum of $261 50. 

The Board approves the same and recommends its payment. 

Postage and Contingent Expenses of the Clerk of the Supreme Court for the 
Thirty-seventh Fiscal Year, 

J. D. Spencer, Clerk of the Supreme Court, presents claim for expressage 
for the office of said clerk for December, 1885, in the sum of $3 65. 
The Board approves the same and recommends its payment. 

Postage and Expressage of the Supreme Court for Thirty^inth Fiscal Year. 

Frank T. Meagher, Secretary of the Supreme Court, presents claim for 
postage and expressage and telegrams for June, 1888, in the sum of $6 50. 
The Board approves the same and recommends its payment. 

Traveling Expenses of the Board of Commission to Manage the Yosemite 
Valley and Mariposa Big Tree Grove. 

The Board, in attending to their official duties in June, 1887, exceeded 
the appropriation for traveling expenses by $147 07. The amounts 
expended are as follows : 

J. M. Griffith $67 84 

J. P. Madden 31 41 

W. B. May 31 41 

E.W. Chapman 28 41 

The Board approves these claims and recommends that the sum of 
$147 07 be appropriated to pay the same. 

Contingent Expenses of the . Secretary of State for the Thirty-eighth Fiscal 



iry 
Ye 



ear. 



W. C. Hendricks, Secretary of State, presents claim against this appro- 
iation in the sum of $13 76, for ice and washing for office from April to 

The Board approves the claim and recommends its payment. 



pnati 
July, 



1887. 



Special Contingent Expenses of Oovemor^s Office for Thirty-eighth Fiscal Year. 

S. P. Maslin presents a claim against this appropriation for $100, and 
makes showing that he was employed by Governor Stonem^n as extra 
clerk for the months of September, October, November, and December, 
1887; that he was paid out of the Special Contingent Expense Appropri- 
ation, and that he received no compensation for the month of December. 

The Board approves this claim and recommends its payment. 

Restoration and Preservation of Fish in the Waters of the State for the 
Thirty-sixth Fiscal Year. 

The State Board of Fish Commissioners presents claim for $185 16 
upon this appropriation, for amount due and remaining unpaid on Claim 
No. 353 of said year, being for expenses of said Commission for December, 



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28 REPORT OF THE STATE BOARD OF EXAMINERS. 

1884; and also claim of J. C. Frazier, for salary and expenses from Sep- 
tember to December, 1884. 

The Board approves these claims, and recommends that the sum of 
$405 01 be appropriated to pay them. 

Stationery and Contingent Expenses of the Bureau of Labor Statistics for 
the Thirty-sixth Fiscal Year, 

The Bureau of Labor Statistics presents claims against this appropri« 
ation for expenses of the office for June, 1885, amounting to $76 70. 
The Board approves the same and recommends the payment. 

Stationery and Contingent Expenses of the Bureau of Labor Statistics for 
the Thirty-eighth Fiscal Year. 

The Bureau of Labor Statistics presents claim against this appropria- 
tion for stationery, expressage, and other expenses of the office, amounting 
to the sum of $156 30, as follows: 

Isaac Baer, for "Bulletin".'- $6 75 

A. Carlisle <fc Co., for stationery 1 95 

J. J. Tobin, office expenses from April to July, 1887 147 60 

The Board approves the same and recommends their payment. 

Stationary and Contingent Expenses of the Bureau of Labor Statistics for 
the Thirty-ninth Fiscal Year. 

The Bureau of Labor Statistics presents claim against this appropria- 
tion for postage, expressage, and other expenses of the office from Decem- 
ber, 1887, to July, 1888, amounting to $347 05. A large part of these 
expenses were for stenographical work on the investigation of the condi- 
tion of seamen and working women. 

The Board approves the same and recommends its payment. 

Transportation of Insane for the Thirty-seventh and Thirty-eighth Fiscal 

Years. 

The following claims have been filed in this office for the transportation 
of insane for the thirty-seventh and thirty-eighth fiscal years: 

O. J. Meade, Sheriff of Fresno County 29 5^ 

George Lord, Sheriff of Nevada County 39 55 

J. H. Hatch, Sheriff* of San Mateo County 23 00 

Z. Bates, Constable, Colusa County 30 70 

R. B. Purvis, Sheriff of Stanislaus County 73 16 

J. L. Crittenden, Sheriff of Merced County 171 35 

George Lord. Sheriff of Nevada County 41 65 

R. Martin, Sheriff of Tehama County 19 05 

Making a total of $427 90 deficiency against this appropriation. 
The Board approves the above claims and recommends that the sum of 
$427 90 be appropriated to pay the same. 

Transportation of Prisoners for the Thirty-seventh Fiscal Year. 

The following claims have been filed in this office for the transportation 
of prisoners for the thirty-seventh fiscal year: 



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REPORT OP THE STATE BOARD OF EXAMINERS. 29 

O.J. Meade, Sheriff of Fresno County. $G0 15 

J. L. Crittenden, Sheriff of Merced County |107 70 

R. B. Purvis, Sheriff of Stanislaus County 27 10 

R. B. Purvis, Sheriff of Stanislaus County 30 05 

O.J. Meade, Sheriff of Fresno County 51 35 

O.J. Meade, Sheriff of Fresno County 60 15 

Makinga total against this appropriation of $336 50 

The Board approves these claims, and recommends that the sum of 
$336 50 be appropriated to pay the same. 

Salaries of Secretaries to Justices of the Supreme Court for the Thirty-eighth^ 
Thirty-ninth^ and Fortieth Fiscal Years. 

There are four deficiency claims upon thi& appropriation, as follows: 

Mrs. Thomas F. O'Connor, executrix of Thomas F. O'Connor, late Secre- 
tary of the Supreme Court, for balance due on salary for March, April, 
May, and June, 1887, $222 35. 

Frank T. Meagher, balance due on salary for March, April, May, and 
June, 1887, $222 35. 

Frank T. Meagher, for balance due on salary for March, April, May, and 
June, 1888, $790, 

H. C. Finckler, for balance due on salary for March, April, May, and 
June, 1888, $790. 

Making a total of $2,024 70. 

The following communication from the Secretaries of the Justices of the 
Supreme Court will explain the nature and cause of the deficiency: 

San Fbangisco, November 28, 1888. 
To the honorable the State Board of Examiners^ Oovemor Watbrmak, Chairman: 

Gbktlemen: Your petitioners hereby respectfully call your attention to the present 
depleted condition of the Salary Fund of the Secretaries to Justices of the Supreme Court 
for the present fortieth fiscal vear, and in connection therewith take the liberty of point- 
ing out to your honorable body the particulars relative thereto. 

The facts are as follows : 

Fir»/— Section 739 of the Political Code (Stats. 1887, extra session, 1886, p. 221), fixes the 
annual salary of ** each Secretary of the Court at twenty-four hundred dollars." • 

Second— By the Act making appropriations for the support of the government of the 
State of California for the thirty-nintn and fortieth fiscal years (Stats. 1887, extra session, 
1886, p. 209), the amount appropriated "for Secretaries to Justices of the Supreme Court, 
*ix thousand four hundr^ dollars," which amount equally divided for salary for each 
ifecretary for mie year amounts to one thousand six hundred dollars (|1,600), being an 
amount only sufficient to pay off each Secretary during the first eight months of each 
fiscal year, and thereby causing a deficiency dunng the last four months of the present 
fortieth fiscal year. 

It will readifv be observed from the foregoing, that if not remedied at an earlv day bv an 
appropriation by the next Legislature of the sum of one thousand six hundred dollars 
(IL.600), the two Secretaries of the Justices to the Supreme Court will each of them be 
without salary during the months of March, April, May, and June, the rapidly approach- 
ing last four months of the present (fortieth) fiscal year. 

Trusting that the above will be favorably considered bj' your honorable body, thus over- 
coming a hardship that otherwise will inevitably follow, we remain, with highest regard, 
Very trulv yours, 

FRANK T. MEAGHER, 
H. C. FINKLER, 
Secretaries of Supreme Court of the State of California. 
» 
The Board approves the above claims, and recommends that the sum of 
1444 TO be appropriated to meet the deficiency in this appropriation for 
the thirty-eighth fiscal year; that the sum of $1,580 be appropriated to 
meet the deficiency for the thirty-ninth fiscal year, and that the sum of 
$1,600 be appropriated to meet the deficiency which will be incurred, 
unless provided lor, for this, the fortieth, fiscal year. 



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30 REPORT OF THE STATE BOARD OF EXAMINERS. 

Postage, Expressage, and Contingent Expenses of the Attorney-General for the 
Thirty-ninth Fiscal Year. 

The Attorney-General presents a claim against this appropriation for 
postage, telegrams, etc., during April, May, and June, 1887, amounting to 
the sum of $19 95. 

The Board approves this claim and recommends its passage. 

Traveling Expenses of the State Board of Equalization for the Thirty-eighth 

Fiscal Year. 

The Legislature, at its last session, made a continuous appropriation of 
$5,000 for the traveling expenses of the State Board of Equalization, and 
the Board, in the performange of their official duties, having exhausted 
the appropriation made for the thirty-eighth fiscal year, construed the 
above mentioned Act as taking effect from date of its approval, March 
8, 1887, and continued their official investigations. The Controller refused 
to draw his warrant upon the demands presented by the members of the 
Board, and there are now on file in this office claims as follows: Gordon 
E. Sloss, $123 90; John T. Gaffey, $188 90; for traveling expenses in the 
performance of their official duties. 

The claims are just charges against the State, and, in the opinion of this 
Board, should have been paid before, by reason of the provisions of the 
Act above referred to. 

The Board approves the same, and recommends that the sum of $312 80 
be appropriated to pay them. 

Fuel, Lights, Postage, and Other Incidental Expenses of the Railroad Com- 
missioners for the Fortieth Fiscal Year. 

The Board of Railroad Commissioners present a claim for the lithograph- 
ing and printing of an official railroad map of the State, in the sum of $325. 
The Board approves this claim and recommends its payment. 

Below will be found a tabulated statement showing the amount of the 
deficiency bills, approved by the State Board of Examiners, and here- 
with transmitted to the honorable Senate and Assembly of the State of 
California, also showing the appropriations against which these are prop- 
erly chargeable: 

Deficiencies in Appropriaiiont for the Thirty-sixth Fiscal Year. 

Restoration and preservation of fish in the waters of the State $405 01 

Stationery and contingent expenses of the Bureau of Labor Statistics 76 70 

Total $481 71 

Deficiencies in Appropriations for the Thirty-seventh Fiscal Year. 

Postage and contingent expenses of the Clerk of the Supreme Court $3 65 

Repairs to State Capitol and furniture 231 56 

Transportation of insane 386 35 

Transportation of prisoners 336 50 

Total $958 06 



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REPORT OF THE OTATE BOARD OF EXAMINERS. 31 

Deficiencies in Appropriations for the Thirty-eighth Fiscal Year. 

Support of the State Printing Office $14,983 69 

Support of California Home for Feeble-minded Children 9,835 14 

Support of Insane Asylum at Stockton 11,246 04 

Stationery, fuel, and lights for the Legislature and State officers 1,469 84 

Repairs to State Capitol, etc 5,251 77 

Salaries of Secretaries of the Justices of Supreme Court 444 70 

Traveling expenses of the State Board of Equalization 312 80 

Special contingent expenses of the Governor s office 100 00 

Contingent expenses of Secretary of State 13 76 

Salary of Deputy Superintendent of Public Instruction 193 33 

Official advertising .-. 3,132 40 

Stationery and contingent expenses of the Bureau of Labor Statistics 156 30 

Traveling expenses of the Yosemite Commissioners 147 07 

Uses of State Board of Forestry 23 17 

Uses of State Board of Horticulture 1,145 83 

Bulkheading, etc., at State Normal School at Los Angeles 249 59 

Use of library at State Normal School at San Jos4 *. 79 98 

Purchase of ballot paper 747 62 

Water for irrigation, purchase of hose, etc 36 70 

Arrest and conviction of highway robbers 400 00 

Transportation of insane 41 56 

Total $50,011 28 

Deficiencies in Appropriations for Thirty-ninth Fiscal Year. 

Support of the Insane Asylum at Stockton $12,405 21 

Arresting criminals without the limits of the State 1,628 42 

Expenses of the Supreme Court 261 50 

Postage and expressage of the Supreme Court 6 50 

Stationery and contingent expenses of the Bureau of Labor Statistics 347 05 

Salaries of Secretaries of the J ustices of the Supreme Court 1,580 00 

Postage, expressage, and contingent expenses of the Attorney-General 19 95 

Total $16,248 63 

Deficiencies in Appropriations for the Fortieth Fiscal Year. 

Salaries of the Secretaries of the Justices of the Supreme Court $1,600 00 

Official advertising 750 00 

Fuel, light, and contingent expenses of Railroad Commissioners 325 00 

Total $2,675 00 

DRAINAGE CLAIMS. 

The history of the " Act to promote drainage," approved April 23, 1880, 
is too well known to need more than a mere mention. The Supreme Court 
of this State, on September 28, 1881, declared this Act to be unconstitu- 
tional, but the Legislature, in 1885 (Statutes of California, p. 78), con- 
sidering the equities of the case, made an appropriation of $190,000 to pay 
the indebtedness incurred by the State Board ol Drainage Directors under 
said Act, $180,000 of which was for the payment of claims that had been 
'* heretofore audited and allowed by the State Board of Drainage Directors." 
The balance, $10,000, was for the payment of claims that had not been 
audited by the State Board of Drainage Directors. Under the wording of 
this Act the claims classified themselves into " audited " and " unaudited " 
claims. On July 19 and July 26, 1887, the Board approved " audited " 
claims amounting to $178,332 06, and transmitted them to the Controller, 
who issued his warrants thereon in the above sum, leaving a balance to the 
credit of the appropriation for payment of these claims of $20,862 15. 
Action on the " unaudited " claims has been postponed by the Board for 
two reasons: First, awaiting the decision of the Supreme Court as to 
whether the "judgment " claims (mentioned below) should be considered 
as " audited " and paid out of the $180,000 appropriated to pay such claims, 



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32 REPORT OP THE STATE BOARD OF EXAMINERS. 

or be classed as " unaudited," and be paid out of the $10,000. Secondly, 
the Legislature, when it made the appropriation of $10,000 for the payment 
of the unaudited claims, did not have all the claims before them, and, at 
the best, the appropriation was but an approximation of the amount made 
upon very sligtit and unreliable information. 

There is now on file in this office unaudited claims " itemized and veri- 
fied by the claimant, his heirs and assigns," as required by the Act of 
March 10, 1885, entitled *'An Act to pay the indebtedness incurred under 
an Act entitled *An Act to promote drainage,' approved April 23, 1880," 
amounting to the sum of $39,142 42, and also claims, most of which are 
in the shape of " time check" given to laborers, which are not "verified," 
amounting to $1,170 65, making the total amount of ** unaudited" and 
unpaid claims against the State Board of Drainage Directors $39,292 42; 
and to meet this indebtedness of the State there was appropriated the sum 
of $10,000. The doggerel in the old " Mathematics in Rhymes " ran '' Four 
into two won't go; " and the Board of Examiners are at a loss to know 
how to pay $39,192 42 indebtedness with but $10,000. They could not 
select certain claims for payment because this would be an injustice to the 
other claimants, and the apportionment of the whole amount among the 
claimants would be an injustice to all; for, if the claims are just claims 
against the State, then they should be paid in full and the State should 
not repudiate any claim or any portion of a claim that is justly due for 
material furnished or labor performed of which she has had the benefit. 
Therefore the Board has not taken any action upon said claims other than 
to approve the following which has been " itemized and verified " as pro- 
vided by law, and report the same to your honorable bodies and recommend 
that the additional sum of $29,192 42 be appropriated with which to pay 
these claims. Below will be found a list showing the claimant, the service, 
and the amount: 

List of Claims on file in the Office of the State Board of Examiners, incurred under "An Act to 
promote drainage " properly itemized and verified, as required by **An Act to pay the indebt- 
edness incurred under an Act entitled *An Act to promote draijiageJ*" 

1. Patrick Ney— earth and brush work $l,fi21 'IT 

2. Patrick Ney— piling, earthwork, etc 3,020 00 

3. W. K. Knox— salary as Commissioner, June, Julv.and August, 1881 300 00 

4. W. H. P^rks— salary as Commissioner, June, July, and August, 1881 300 00 

6. Niles Searls — salary as Commissioner, June, July, and August, 1881 300 00 

6. Chas. M. Coglan— salary as Secretary, June, July, and August. 1881 300 00 

7. Oroville Mercury— publishing delinquent drainage tiix !_ 1,402 60 

8. P. C. Slattery— meat furnished 972 18 

9. F. Kirshner— laboi 35 00 

10. Nelson Lyons— labor 276 60 

11. J. M. C. Jasper— labor 298 50 

12. J. Thad. Jones— work on levee 274 91 

13. T. W. Sowell— team 232 50 

14. Wm. B. Todhunter— earth 480 00 

15. L. M. .lustis— meat 289 59 

16. S. D. Wood— labor and team 199 30 

17. Lewis Wilder— making duplicate assessment roll 425 75 

18. Samuel McClellan— making duplicate assessment roll 750 00 

19. J. C. Boggs— collecting drainage tax 308 28 

20. W. T. Luther— duplicate assessment roll,.. 360 00 

21. W. E. Gerber— duplicate assessment roll .• 265 00 

22. George B. Hardin— duplicate assessment roU 1.000 00 

23. Daniel Collins— duplicate assessment roll 1,000 00 

23. W. L. Munson — duplicate assessment roll 355 00 

24. J. H. Mitchell— duplicate assessment roll 355 00 

25. A. McKinley— duplicate assessment roll 355 00 

26. John Hoagland— services and material 182 00 

27. Chas. Schlbsser— labor 18 00 

28. John King— labor 28 00 

29. Daniel Shay— brush and wood 42 00 



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RBPORT OF THE STATE BOARD OF EXAMINERS. 33 

30. J. O'Brien— team and hay 54 56 

3L W. Turton— teams 360 00 

32. H. S. Crocker— supplies 41 62 

33. Sewell <k Seward— services 223 00 

34. H. C. Nelson— work on levee 964 74 

35. 8. O. Gunning— duplicate assessment roll 100 00 

35. M. Doane— labor and team 60 40 

36l F. B. Doming— labor 28 80 

37. Ferd Schleeman— duplicate assessment roll 650 00 

38. Thomas Hogen— earth and brush 604 80 

39. W. C. Ogden A Son— iron stakes 189 97 

30. W. F. Peck— duplicate assessment roU 425 00 

41. C. E. Grunskev- expenses paid 119 93 

42. Col. Geo. H. MendaU— salary from May to October, 1888 916 00 

43. C. D. Rhodes— expenses paid •.. 557 68 

44. J. C. Pierson— salary, February and March, 1881 50 00 

45. M. C. De Vere— expenses paid 28 50 

46. D. P. Durst-labor 120 00 

47. W. O. Armstead— labor-... 92 00 

48. Tomb <fe DufBcy— work and material 450 00 

49. P. A. Miller— earth tnd brush 1,795 44 

50. H. S. Crocker-assessment books 69 50 

51. B.G. McLean— teams 483 47 

52. C. B. Kimball— keeping teams 48 75 

63. Daniel Click— hay and barley 20 63 

54. Goodkind & Co.— provisions, etc 120 88 

55. James O'Brien— labor 46 12 

56. W. E. Ward— printing 15 00 

57. James O'Brien— teams 123 00 

58. H. Dalton— labor 84 87 

59. Levee District No. 1, Sutter County— services 114 00 

60. J. W. Houston— duplicate assessment roll 866 00 

61. W. H. Lee— duph'cate assessment roll 76 00 

62. Jackson Eby— duplicate assessment roll 368 00 

63. Doane & McBean— work on dam 1,336 22 

64. Roddan & Sturm an— work on dam 6,681 13 

65. Roddan <fc Oakley— timber 2,691 ftl 

68. E. Brow— Constable fees 49 20 

67. M.J. McPhee— labor 64 19 

Total $37,971 77 

The Board also, on October 26, 1887, approved the claim of Mrs. J. M. 
Hoagiand and Mrs. R. C. Hoagland for four acres of brush at $15 per acre, 
and 2,000 cubic yards of earth at three cents per yard, in the sum of $120; 
and the claim ot. Wm. B. Todhunter for fifteen acres of brush at $15 per 
acre, in the sum of $225, and transmitted the same to the Controller, who, 
up to the present date, has not drawn his warrant thereon. 

CLAIMS NOT ITEMIZED. 

The Board has not approved the balance of the " unaudited " claims 
because they have not been " verified," as required by the Act of 1885; but, 
inasmuch as these claims are for labor performed, and are due to that class 
with whom the State can least aiford to deal unjustly — the workingmen — 
we recommend that a further sum of $1,170 65 be appropriated to pay 
these claims. 

Below will be found a list showing the claimant, the service, and the 
amount of this class of claims. 



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34 



BEPORT OF THE STATE BOARD OF EXAMINERS. 



List of Claims 07i file in the Office of the State Board of Examiners^ incurred under "^n Act to 
promote drainage^^^ not properlv itemized and verified as reauired by "An Act to pay the 
indebtedness incurred uvMer saia Act" approved March 10, 1885. 

55. M. T. Harrington— labor $29 62 

56. James Powers — labor 36 50 

57. J. L. Covey— labor 17 50 

58. Mrs. J. H. Moody— labor 76 50 

59. Thos. Moran— labor 2 30 

60. John Mollows— labor - 1 50 

61. W. B. Porter— labor 5 00 

62. W. B. Porter— labor 15 00 

64. T. B. Muserley— labor 26 00 

65. John Mollows— labor 3 45 

66. Thos. Moran— labor 4 02 

67. T. B. Muserley— labor i 5 76 

68. Chas. Brown— labor 14 95 

69. P. Murjphv— labor 5 18 

70. John Wise— labor 2 30 

71. Pat Murphy-labor 6 90 

72. John Mollows— labor • 27 75 

73. Jas. Fitzgibbons— labor 44 15 

74. David Young— labor 88 35 

75. John Castine— labor 49 45 

76. E. D. Walters, account of L. Duft— labor 2 25 

76. E. D. Walters, account of Jos. Cooper— labor 4 50 

78. J. C. Perry— labor 32 20 

79. D. Acklev— labor 16 50 

80. Ohristopner Hanson— labor 10 95 

81. Mike Quinn— labor 1150 

82. George Johnson— labor 8 40 

82. James Dunne— labor 51 75 

83. Andrew Thomas— labor 26 40 

84. J. J. Burke— labor 42 80 

85. Peter Boyle— labor 26 45 

86. John McElroy— labor 12 65 

87. Wm. Emmett^labor 49 20 

88. P. Gibbons— labor 26 85 

104. P. C. Slatterly- meat 156 45 

112. John Adams— labor 3 00 

113. Jos. Kough— labor 28 12 

114. Mike Halpin— labor 16 10 

115. Pat Cliflford— labor 8 05 

116. Jake Montsford— labor 14 60 

117. John Howard— labor 5 75 

118. F. C. Houghton— labor 2 87 

119. John Furlong— labor 3 00 

120. W. Miller— labor 3 00 

122. Wm. Miller— labor..-. 34 50 

124. H. Pinner— labor 36 12 

125. Wm. MUler-labor f 27 00 

12a T. E. Meed— labor ^ 27 97 

127. J. Butler— labor 19 55 

Total $1,170 65 



Statement showing the amount appropriated to pay the indebtedness incurred under ''An Act to 
promote drainage" known as the '* drairuige claims" the amount paid, and balance. 



Amount appropriated by act of March 10, 1885 

State Drainage Construction Fund 


$43,108 26 
21,048 75 

190,000 00 




Construction Fund of Drainage District No. 1, appropriated from 
General Fund 




Warrants paid : 

AgainstState Drainage Fund 


$46,559 81 
9,725 87 
11,322 88 


Against Construction Fund of Drainage District No 1, 
drawn before passage of Act 


Against Construction Fund of Drainage District No. 1, 
drawn after passage of Act 


Audited claims . 


167009 18 


Amount appropriated to unaudited claims 


10,000 00 
9,539 27 


Balance in the appropriation 




Totals 


$254,157 01 


$254,157 01 





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REPORT OP THE STATE BOARD OP EXAMINERS. 35 

THE JUDGMENT CLAIMS. 

These claims are claims arising from the action of the State Board of 
Drainage Directors commencing suits in the Superior Court of Yuba 
County, for the condemnation of certain lands upon which it was desired 
to erect and construct brush dams for impounding debris, which suits were 
stfll pending in the Superior Court at the time the decision was rendered 
by the Supreme Court, that the Act under which the suits had been begun 
was unconstitutional. 

These lands were condemned, and on May 21, 1881, judgment was 
rendered in the Superior Court of the County of Yuba, in which the land 
was appraised, and the following persons allowed by the Court the amount 
set opposite their names : 

James O'Brien |420 00 

RG. McLain 1,652 75 

James O'Brien and Daniel Walters 2,666 76 

The San Francisco Savings Union 1,880 00 

KMcGrath 1,618 00 

P. Callahan 1,618 00 

Total $9,166 60 

This Board, believing that the appraising of said valuation by the 
Superior Court of Yuba County, was as high a form of approval as the 
approval of the State Board of Drainage Directors, and upon the state- 
ment of Mr. William Park, who was a member of the State Board of 
Drainage Directors, and was a member of the twenty-fifth session of the 
Legislature, which made the appropriation with which to pay these claims — 
that the Legislature considered these claims, and it was understood at the 
time of the passage of the Act providing for the payment of the drainage 
claims that the amount therein appropriated, $180,000, for the audited 
claims, would include and pav these claims, on October 26, 1887, approved 
these claims and transmitted the same to the Controller, who reiused to 
draw his warrant thereon. Suits were instituted to compel him to draw 
his warrants upon these claims, which suits are still pending in the Courts. 

JANUARY RECEIPTS. 

The State Board of Examiners, at the counting of the money in the 
State Treasury of the twenty-fourth day of November, 1884, discovered 
that Arthur D. January, Deputy State Treasurer, had embezzled the sum 
of 139,542 27. January was arrested, and, after numerous delays and 
hindrances, he was convicted and sentenced to serve a term of imprison- 
ment of ten years in the Folsom State Prison. 

This money was placed in the hands of the State Treasurer by the 
Treasurers of the several counties of the State, to be held in trust for said 
Treasurer until such time as the law required that he should make a settle- 
ment with the State. Therefore the loss fell upon the Treasurers and not 
upon the State, and the Legislature in 1885 enacted the following Act: 

In all cases where, prior to the passage of this Act, the County Treasurers of this State 
hiTe deposited money in the State Treasury, and taken the receipt of the State Treasurer 
therefor, which receipt recites that the "deposit is to be appliea in his next settlement 
*ith the State Controller," such receipt shall be received by the State Treasurer from any 
of tuch County Treasurers or their successors in ofBce, for the sum named on the face of 
jnch receipt, in payment of any sum required by law to be paid to the State by any such 
County Treasurers, or their successors in office, or from any county they or either oi them 
oiay represent. 

Approved March 5, 1885. 



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36 



REPORT OF THE STATE BOARD OF KXAMIMERS. 



Under this law the State Treasurer accepted such receipt as '^cash" and 
they are now, and have been since April 1, 1885, in the State Treasury and 
appear on the books as *'cash" and are so counted by this Board at the 
monthly counts made under the provisions of Section 676 of the Political 
Code. 

This is not right. The receipts are not " cash." They are of the nature 
of a discharged liability. We therefore earnestly recommend that these 
receipts be canceled and the State Board of Examiners be authorized and 
directed to cancel the same, and the State Treasurer and State Controller 
be authorized and directed to make such entries on their books as will 
show this cancellation. 

Below is a statement showing the list of receipts held by the State 
Treasurer, the date of issue, to whom issued, amount, and date of re- 
demption. 

List of January Receipts— held by State Treasurer, 





No. 


To Whom Issued. Amonnt 


When Redeemed. 


January 24, 1884. 
February 28,1884. 
April 23, 1884... 
April25,1884. .. 
April 29, 1884.... 

June 14, 1884 

June 16. 1884 

June 17,1884 

June 17,1884 

August 19, 1884.. 
August 21, 1884.. 
October 16, 1884.. 


4 

13 
16 
17 
18 
20 
21 
23 
24 
26 
27 
28 

416 


J. Scott, Treasurer, Sierra Co 

S. Turner, Treasurer, Humboldt Co. . 
J. D. Skinner, Treas'r, EI Dorado Co.. 

J. Scott, Treasurer, Sierra Co 

H. S. Turner, Treas'r, Humboldt Co.. 
U. Undart, Treas'r, S'ta Barbara Co. . 
Z.B. Pinkham, Treasurer, Mono Co.. 
Jas. Fowzer, Treas'r, Mendocino Co.. 
U. HartnettTreas's, Monterey Co... 
U. Undart, Treas'r, S'ta Barbara Co,. 
Wm. J orres, Treas'r, San Diego Co.. 
R. B. Hath way, Treasurer, Contra 
Costa Co 


1139 48 

10,000 00 

2,100 00 

1,(588 02 

568 95 

936 08 

996 93 

17,054 00 

1,899 56 

5,553 24 

3,769 92 

9,000 00 
48 59 


....April 25, 1885. 
....April 27, 1885. 
....April 29, 1885. 
....April 28, 1885. 
....April 27, 1885. 
.... June 29, 18X5. 
.February' 1,1886. 
-January 28, 1886. 

July 6, 1885. 

.... June 29, 1885. 
July 6, 1885. 

July 23, 1885. 

.January 27, 1886. 


January 18, 1884. 


Jno. Cronkite, Treas'r Alpine Co — 


Total 


$53,752 77 













OFFICIAL COUNT OP MONEY IN STATE TREASURY. 

The Board has regularly counted the money in the State Treasury, as 
required by Section 676 of the Political Code, and have always found an 
excess on hand varying from a few cents up to two dollars over and above 
the amount that ought to be there as shown by the books of the Control- 
ler. They have made affidavits of the said count and have filed the same 
in the office of the Secretary of State, as well as published it as required 
by law. The Board has officially, through these counts, been made con- 
versant with the Treasury Department, and has noticed with no small 
amount of satisfaction the dispatch and business-like methods that prevail 
in that office. 

PRICE OF STATUTES OF CALIFORNIA. 

As provided by law, the Board, on April 22, 1887, fixed the price of the 
Statutes of California passed at the twenty-seventh session of the Legisla- 
ture, at 92 50 per volume. 

Claim of Duncan Beaumont, 

The Board presents for your consideration the claim of Duncan Beau- 
mont, ex-Secretary of the State Engineer, believing that this is a matter 
for your consideration and action without any interference from this Board. 
Below is a copy of the claim, now on file in this office: 

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REPORT OF THE STATE BOARD OF EXAMINERS. 37 

Sacbamento, December 13, 1888. 

Stale of CoUifomia to Duncan Beaumont, ex-Secretary State Engineer^ Dr. 

Thirty-fifth fiscal year — Deficiency in salary for the months of March, April, 

May, and June, 1884 $800 00 

Thirty-sixth fiscal year— Deficiency in salary for the months of March, April, 

May, and June, 1885 800 00 

Thirty-seventh fiscal year— Deficiency in salary for the months of March, 

April, May, and June, 1888 800 00 

Thirty-eighth fiscal year— Deficiency in salary for the months of March, April 

May,and June, 1887 -*. • 800 00 

Total $3,200 00 

STATEMENT IN RELATION TO THE ABOVE CLAIM. 

First — The Act creating the office of State Engineer was approved on 
the twenty-ninth of March, 1878, and Section 13 of said Act fixed the 
salary of Secretary to the State Engineer at $2,400 per annum. (See 
Statutes 1877-78, page 636.) 

Second — I was appointed Secretary to the State Engineer on the fifteenth 
of January, 1883, and received payment as follows, to wit: 

Salary for one half of the month of Jahuary, 1883 $100 00 

Salary for the month of February, 1883 200 00 

For tne month of M<ft-ch a warrant was issued to me for the balance of the 

appropriation 14 24 

1314 24 
Deficiency for the months of March, April, May, and June, 1883 785 76 

$1,100 00 

The Legislature of 1885 appropriated $785 76 to cover said deficiency. 
(See Statutes, 1885, page 59.) 

TTiird— The Legislature of 1883 appropriated only $3,200 for the thirty- 
fifth and thirty-sixth fiscal years, and I received payment as follows, to wit: 

For the months of July, August, September, October, November, and Decem- 
ber, 1883, and January and February, 1884 (thirty-fifth fiscal year), $200 
for each month $1,600 00 

Deficiency for the months of March, April, May, and June, 1884 80C 00 

And for the months of July, August, September, October, November, and 
December, 1884, and January and February, 1885 (thirty-sixth fiscal 
year). $200 for each month 1,600 00 

Deficiency for the months of March, April, May, and June. 1885 800 00 

Fourth — The Legislature of 1885 appropriated only $3,200 for the thirty- 
seventh and thirty-eighth fiscal years, and I received payment as follows, 
to wit: 

For the months of July, August, September, October, November, and Decem- 
ber, 1885, and January and February. 1886 (thirty-seventy fiscal year), 
$200foreach month $1,600 00 

Deficiency for the months of March, April, May, and June, 1886 800 00 

And for the months of July, August, September, October, November and 
December, 1886, and January and February, 1887 (thirty-eighth fiscal 
year), $200 for each month 1,G00 00 

Deficiency for the months of March, April, May, and June, 1887 800 00 

Fifth — ^The Legislature of 1887 appropriated the full amount, to wit: 
f2y400for the thirty-ninth fiscal year. 

All of the above statements can be verified by reference to the statutes 
and records of the State Controller's office. 



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38 REPORT OF THE STATE BOARD OF EXAMINERS. 

I hereby certify that I have never received any portion of the above 
claim, and that to the best of my knowledge and belief, that the state- 
ments above made are true and correct. 

DUNCAN BEAUMONT, 
Ex-Secretary State Engineer. 

The Claim of Dennis Jordan. 

This claim was filed in the office of the State Board of Examiners after 
the time provided by the Political Code. This claim was fully considered 
by a joint committee of both Houses during the last session of the Legis- 
lature, and a bill was passed making an appropriation to pay the same, 
but which failed to become a law by reason of the refusal of tne Governor 
to approve it. This Board does not wish to act in a judicial capacity, 
where the Legislature and the Executive do not agree, and, therefore, we 
refer the claims to your honorable bodies without any special recommenda- 
tion, except, in order that no injustice may be done, to call your attention 
to the report of the Joint Committee on Claims of the last session of the 
Legislature, published in volume eight of the appendix to the Journal 
of the Senate and Assembly, twenty-seventh session. 

The State Board of Examiners, 

The business required of this Board has, during the past two years, 
been attended to as well as the circumstances would allow. The record 
shows an increase in accounts examined and audited of over fifty per cent 
over and above that of the preceding years, and we are conscious that 
much remains undone that should have been attended to. The different 
Boards, Commissions, asylums, prisons, and other institutions receiving 
support from the State are creatures of the State, and are a part of the 
State; yet, little by little, within the past years, they have gradually 
withdrawn themselves from any control the Executive may have before 
exercised over them. We do not believe that all interest and responsibil- 
ity of the Chief Executive in the management of the different State insti- 
tutions ceases upon the appointment of the Trustees, Directors, or officers; 
but we believe that the Governor should be informed, at times, of the con- 
dition of every department of State government, and that it was the inten- 
tion of the framers of our Political Code that the Board of Examiners 
should exercise this supervisory care over all the different departments. 
This plan may have been effectual while the State was in its infancy, 
but the large growth in her population during the past fifteen years, and 
the increase of interests within the State, has led to the multiplication of 
Boards, Commissions, and Bureaus, and to the consequent increase of 
business coming before the Board of Examiners, so that now that Board 
is able to be of but little protection to the State or her interests, and she 
certainly should have some officer or officers who would attend to her 
business interests. The time of the present ex officio Board of Examiners 
is wholly consumed by the business coming before the several departments 
of the members, who can only afford to devote a few minutes to the exam- 
ination of claims, where hours should be expended. 

This department is the most important in the State government, and 
should not be neglected, and we advise the creation of a State Board 
of Examiners, whose sole duty it shall be to audit all claims against the 
State, and to inaugurate a thorough business system throughout all the 
departments of State government, and compel its introduction, and to 



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REPORT OF THE STATE BOARD OF EXAMINERS. 89 

personally inveatigate all expenditures of the State's money, for whatever 
purpose aTOTopriated. 

Such a JBoard would fill the hiatus between the Legislature which appro- 
priates and the institutions which spend the money. It would exercise 
such a control over the expenditures made by the institutions as to prevent 
extravagance and bring the cost of State government down to the minimum. 
It would be advisorv and supervisory as far as expenditures were con- 
cerned, and would be of great benefit to the State and to her creditors, 
who, under the present system, are often compelled to wait months for 
money that should have been paid upon demand. 

If such a Board should be createa by your honorable bodies, it should 
take the place of the present Board of Examiners. It should also be 
authorized to act as an advisory board to all the departments of State Gov- 
ernment; and no extraordinary expenditure should be made unless it 
receives the sanction of the Board. It should approve all plans and con- 
tracts, and should exercise control over the aifferent orphan asylums, 
hopies of aged indigents, ai^d county hospitals receiving State aid, and 
should be empowerea to compel the introduction of such a business system 
as in their judgment may be oest adapted to the wants of these institutions. 

We trust ihaX the Legislature will taie some action in this matter. 

We append hereto the report of the Secretary of this Board regarding 
the inve^gations made by that official into the condition and manage- 
ment of some of the orphan asylums and homes for aged indigents of this 
State. 

Very resi)ectfully, 

R. W. WATERMAN, Governor. 

W. C. HENDRICKS, Secretary of State. 

G. A. JOHNSON, Attorney-General. 



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REPORT 



SI 



CONDITION OF THE ORPHAN ASYLUMS OF THE STATE. 



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REPORT OF THE SECRETARY. 



Office of the State Board of Examinees, J 
Sacramento, December 1, 1888. ) 
To the State Board of Examiners: 

Gentlemen: In obedience to an order of the Chairman of the Board, under date of 
May 21, 1888, which is attached hereto and made a part of this report, I proceeded on 
May 27, 1888, to carry out your wishes in the matter, and to investigate the management 
and condition of the St. Vincent's Orphan Asylum, located near San Rafael, Marin County. 
I secured the assistance of Mr. Clement Bennett, the United States Official Reporter, as 
stenographer, to take what testimony I would need, and to whom I am greatly indebted 
for many valuable suggestions, as well as for his promptness and dispatch. 

I first made an examination of the buildings and yard, with the view of ascertaining 
their present condition. I found the buildings in a very filthy condition : .the floor of the 
kitchen was dirty and greasy, as was everything else connected with that department. 
The dining room was but little better. The baking room was not floored, and as we passed 
through it clouds of dust arose which literally covered the tiers of bread, which were piled 
upon the floor with but a board between it and the earth. The meat room was dirty and 
foul smelling. The milk room, which is a small brick building, situated about one hun- 
dred feet away from the main building, and upon the bill, was next entered ; the floor was 
coTered with at least one inch in depth of nith from the barn yard, and that together 
with the stench of fermenting milk, which covered the floor and shelves, made the place 
unbearable but for a few minutes. 

The boys slept in long dormitories, with windows on each side, affording plenty of ven- 
tilation. Each dormitory was occupied by a hundred or more boys. The bedding was 
good and clean, and ample for that time of the year. The general appearance of the 
dorroitories, which are under the personal supervision of the sisters, was neat nnd clean. 
The washroom was very dirty, and, I think, of insufficient capacity for the number of 
boys then inmates of the Asylum to properly wash themselves. The bathroom was 
small and the bath tubs shallow and narrow. The floors and tubs were coated over with 
a thick layer of sand, which, by the way, was a marked characteristic of every room in 
the building save the dormitories. 

The closets on the grounds beggars description, there being no privacy whatever; and 
one could not walk through them because of the nastiness of the floors, which were 
earthen. The testimony of the boys and the cook was to the point that the buildings 
were alive with lice; and personal examination showed me that the heads and clothing 
of the youngsters were the abiding places of parasites. 

Few of the boys wore stockings, and unclean bodies were the rule rather than the 
exception. Many of the boys bore scars and bruises and other marks of violent punish- 
ment, while all wore the hangdog look of fear engendered by tyrannical treatment. 

The testimony taken proved the indulgence of filthy and unnlean practices by the boys, 
the very knowledge of which (which every bojf had) would effectually bar the way to any 
moral teaching. 

The schooling given was insufficient to produce any practical good, nnd the scholars 
were sadly deficient in every branch of information, save the multiplication table. The 
teachers, with the exception of the Sisters, were not capable of teaching children, and 
could not have secured situations under the common school system. This was brought 
forcibly to my attention by the courtesy of a newsboy, who gave me an order from the 
principal teacher at that time, in which ne asked to have sent him the " Arcanault." 

In fact, I could see nothing in the teaching, the training, or the moral example set them, 
that would justify the expectation that these boys would grow up to be honorable, honest, 
and upright men, and I believe that if some radical changes had not been made in the 
management of this Asylum that the converse would have been the result attained, and 
that these waifs, who, by reason of hereditary traits are on a lower moral basis than the 
average American boy, and hence need more careful training and discipline, would, sooner 
or later, fill our Industrial Schools, State Prisons, and Insane Asylums. 

The managemement of this Asylum, up to the time I made the investigation, was in 
the hands of the Rev. John Croke, who evidenced no executive ability whatever, and to 
the lack of which I attribute the condition of the asylum. The head teacher was named 
Jerry Whalen, whose brutal conduct and treatment of the orphans would have disgraced 
a less enlightened age. Neither of these men were at the asvium when I made the inves- 
tigation, although they knew I was there, and that I had asked for them ; and had they 
not been guilty of eross mismanagement and coarse brutality, they would have come for- 
ward and refuted tne charges I then made against them. 

To the credit of the Church under whose jurisdiction this asylum is, the.se men were 
never reinstated after the investivation. The control is now in the hands of Rev. W. D. 
Mackinnon, who has displayed rare executive ability in the manner in which he has con- 



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44 REPORT OP THE STATE BOARD OF EXAMINERS. 

ducted the affairs of the asylum since his encumbrance. On a subsequent visit to the 
asylum I found everything connected therewith greatly improved; the force of men had 
been increased, concrete floors had been laid in the bakery and meat house, and around 
the lower outside walks. The kitchen and dining room were clean, and every where could 
be noticed a marked improvement upon the old regime. The old outhouses had been 
torn down and new ones built, affording the privacy that cleanliness and decency demands ; 
the drainage had been so improved that the buildings were relieved of all the loul smells^ 
and concrete walks had been laid throughout; the yards had been divided, and the larger 
bovs kept apart from the smaller ones. 

1 cannot too strongly commend the improvements thus made, and the present man- 
agement of the asylum, and I predict that the institution will in time become one of the 
model asylums of the State, for the reason that the reform has been carried on not alone 
in the improvements to the building, but has reached the mental training, and will, in 
time, change the entire system, while it is intended to shortly supplement the mental 
training by industrial education— which is the only correct system of training to accom- 
plish the prevention of crime— the object sought in the education and training of the 
waifs of the great cities, which class is more largely cared for in this asylum than in any 
other. 

1 have also, during the past year and a half, visited the following orphan asylums and 
homes for aged indigents, a report upon which I herewith submit: 

T}ie Protestant Oi-phan Asylum of San Francisco. 

This is one of the largest and best asvlums in the State, as well as being the oldest. 
The care and training oi the children is in competent hands, and not a murmur of dis- 
satisfaction is heard among the children, which comprise both sexes. The most notable 
feature about this institution is the kinter^arten, which is unexcelled by any other insti- 
tution. The asylum is clean, and the children warmly clothed, and the effort of the 
management is directed towards inculcating into the children the strong moral habits 
which should be taught in the home. Of course, no institution can take the place of the 
home. Nothing can ever equal the mother's care, training, and example, but much can 
be done in these institutions to brighten the lives of these unfortunate children, and take 
from them the feelings of restraint and confinement. 

The San Francisco Roman Catholic Orphan Asylum 

Is situated in South San Francisco, and is under the control of the Sisters of Mercy. It 
is well kept and showed the careful and watchful care and attention of able, competent 
managers. The children are well clothed and the food good and wholesome, the milk and 
vegetables being supplied by the farm owned by the institution. Too much praise cannot 
be accorded the loyal, self-sacrificing efforts of the Sisters of Mercy of this State in their 
noble work of caring for the orphans. 

The St. JosepKs Infant Orphan Asylum 

Is, in a measure, a part of the orphan asylum just mentioned, and is devoted to the care 
of infants. The asylum building is old and needs many improvements. The children 
supported in the asylum seem healthy and contented. The management, under the per- 
sonal charge of Sister Matilda, is in every respect admirable, and the kindly tenderness 
expended by the Sisters upon the children is fully repaid them by the absolute love they 
have gained from each Little one under their charge. 

The Ladies' Protection and Relief Society of San Francisco. 

The distinguishing characteristic of this institution is that it receives children whose 
parents are living, and destitute women, as well as orphans. The asylum cares for about 
one hundred orphans annually. The building is old and dilapidated, and the drainage is 
in such a condition as, in the opinion of the State Board of Health, to render the building 
unfit for occupancy. The food and clothing provided for the children is moderately goodT, 
but could be improved upon. 

The San Frajwisco Female Hospital^ and Home for Abandoned Children. 

This is the oldest institution of its kind in the State, and has done much good in reliev- 
ing the distress of women, as well as caring for the foundlings. I think the managers 
deserve much credit and praise for the success that has attended their efforts, as well as 
the untiring zeal with which they have pursued their work. There was an air of cleanli- 
ness about the building that was positively refreshing after visiting some other institu- 
tions of the same kind. The children, all foundlings, were tine, healthy looking younesters, 
and all bid fair to weather the first few years, during which time so many of this class of 
children die. From the figures given me, I think this institution has a less rate of mor- 
tality than any similar institution in the United States. This asylum is under the 
charge of Dr. C. B. Hutchins^ while the women and little ones are attended to by the Sisters 
of the Red Cross, an order little known in this country, but whose heroic deeds and noble 



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REPORT OF THE STATE BOARD OF EXAMINERS. 45 

sacrifices will neirer be effaced from the history of the world. They are the nurses of the 
army— trained women who devoted their life to caring for the wounded and soothing the 
last moments of the dying— and in times of peace devote their time to such work as they 
are now doing in the asylum. 

The San Francisco Lying-in Hospital. 

For years this institution was a disgrace to the City of San Francisco. Tales of cru- 
elty, oi blackmail, and even of murder, were rife regarding this hospital, nrany of which 
were well authenticated. The State oflftcers in the past were cognizant of these reports, 
but took no action upon them. 

As soon as I was instructed to investigate the management of the diiferent asylums of 
the Stale, I determined to give this one my closest attention, and prove or disprove the 
truth of the many horrible reports. But the work }iad been delayed too long, the physi- 
cian against whom the report had been circulated having recently died. 1 found his 
place fnled by Dr. Charles Burrill, a gentleman who seems eminently qualified for the 
position, and whose gentleness and kindly attention has won him many friends, and has 
done much to remove the dark shadow tHrown upon the institution by'the former Super- 
intendent. Dr. Burrill had investigated the reports above referred to, and admitted that 
many of them were true. This is an argument in favor of a closer union between the 
Stat« and the numerous asvlums which she supports. In an institution like this there 
are too many avenues for fraud, crime, and blackmail, to allow the management to rest 
in one person, without some close and frequent supervision. The institution, when I 
visited it, seemed to be all that could be desired. The house was cleanly, and the babies, 
with but few exceptions, appeared healthy and full of life, and I think the institution is 
now meeting the demand for which it has these many years received the support of the 
State and many of her charitable citizens. 

The Pacific Hebrew Orphan Asylum. 

This asylum, as its name indicates, is devoted exclusively to the care and support of 
orphans of Jewish extraction, and is one of the best conducted asylums in the State. 
The business system in vogue is perfect, and if the affairs of all other asylums were con- 
ducted on the same plan there could be no objection raised to the present system of the 
State giving nearly half a million of dollars annually to the support of such institutions 
without exercising a control over its expenditure. I'he building is keptJii perfect order. 
The food and clothing furnished the children are well adapted to their wants and comfort. 
This asylum is the only one in the State where the proper attention is given to the edu- 
cation of the child, and instead of employing teachers— who as a rule are not competent 
to teach children— at a large expense, the children are sent to the public schools of San 
Francisco, where they have the same advantages accorded other children, and by mixing 
with the outside " child world" soon lose the shyness and " orphan asylum" look so com- 
mon among children suppoi^ted in institutions. I have, heretofore, characterized this 
asylum as a " model," ana I can but reiterate my former praise. 

The Los Angeles Orphan Asylum. 

This asvlum is under the charge of the Sisters of Mercy, and is one of the oldest in the 
State. The building is old and dilapidated, and totally unfit for its present use. Plans 
and specifications have been prepared for a modern building adapted to the care and 
training of orphan children, which it is proposed to erect in the near future. The chil- 
dren in this asylum are well clothed and healthy looking, and the building seems to be 
kept as clean as its condition will permit 

The Los Angeles Orphan Home. 

Thlfi asylum has been seriously hampered in its good work by the need of proper build- 
ings, which, at the time of my visit were being erected. The buildings then in use were 
dwelling houses, and were not adapted to the purpose to which they were put At the 
time of my visit there was considerable sickness among the children, which I was inclined 
to attribute to improper drainage. I hope to be able to make a better report upon this 
asylum next year. 

The Ladies^ Relief Society of Oakland. 

This benevolent society have under their charge and control an asylum for orphans, 
and a home for aged women, both located at Temescal, Alameda County. The children 
arc well clothed, and the food furnished them is excellent The asylum building is prop- 
erly heated, lighted, and ventilated, and everything connected therewith shows evidences 
of care and attention. The building devoted to the care of the old ladies is admirably 
adapted for the purpose for which it was constructed. It is warm and comfortably fur- 
nished, and the inmates seem to be well pleased with their accommodations. The kitchen 
and dining rooms are models of cleanliness, and the managers are to be congratulated 
upon the success their efforts have met with. 



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46 REPORT OF THE 8TATR BOARD OF EXAMINERS. 

JJie ProtesUmt Episcopal Old Ladies' Home. 

This home is situated near the Golden Gate Park, in San Francisco, and impressed me 
as being unfavorably located, because of the cold, raw winds that are i^revalent during 
some portions of the year; yet, withal, the old ladies cared for in this institution seem 
comfortable and happy. The building is new and well furnished, as well as bein^ well 
ventilated. Everything connected witn the home is clean, and tne proper attention is 
given to the wants of the aged women. My visit to this asylum was looked upon as an 
intrusion, and one which I had no right to make, which served me as an argument in 
favor of more careful scrutiny, and more frequent visits to these institutions by the State 
Board of Examiners. 

The Lick Old Ladies' Home. 

This home was established by the Trustees of Lick estates, pursuant to the bequest of 
the late James Lick of $100,000 for such a purpose. The property formerly known as the 
University Mound College, situated in the County of San Francisco, was purchased for 
this purpose. The building is admirably adapted for a home, but insumcient means 
bus not permitted the Trustees to make such improvements as their judgment has dic- 
tated. It is poorlv furnished, yet the inmates seem comparatively happy and comfortable. 
This home is endeavoring to do good work, and shoula receive the encouragement and 
financial assistance of our charitably disposed citizens. 

^aU Aid. 

The policy of the State giving to the orphan asylums and homes for aged indigents 
a per capita amount for the support of eacli inmate could not be improved upon. Yet, 
when we consider that the State annually contributes for the support of such classes the 
vast sum of over $400,000, and that this sum is given to private institutions, over which 
she exercises no control whatever, and in the expenditure of which she has no voice, the 
flaw becomes apparent. The law under which these appropriations are made provides 
for the keeping of certain books. This provision is violated by nearly all the institutions 
drawing aid under these Acts. The provisions that no moneys appropriated by the State 
under these Acts shall be expended, either in improvements or in the erection of new 
buildiiig:4, are not complied with, and under the present system cannot be checked. I 
have reason to believe that large sums of money are annually diverted from the purpose 
for which they were appropriated, and used by different institutions in improvements. 
This is wrong, and should be stopped. If the sum of 274 cents per day given for the sup- 
port of each orphan and aged person, and 20 cents for the support of each half orphan, is 
too much, let tne amounts be reduced; for the giving of money for improvements to an 
institution over which the State has not absolute control is contrary to the spirit of our 
laws and the Constitution. 

The large amount of work imposed by the Political Code and Uie statutes of the State 
upon the State Board of Examiners has prevented me from making as manv examina- 
tions of asylums as I wanted to; and I trust that during the next session of the Legisla- 
ture some change will be made in the present system of examining and auditing claims 
against the State. 

I am, very respectfully, etc., 

PRENTISS MASLIN, 
Secretary of the State Board of Examiners. 



Executive Department, State of California, ) 

Sacramento, May 21, 1888. ) 
S. P. Maslin, Secretary Board of Examiners: 

Dear Sir: Under the instructions heretofore given you by the Governor, you will 
proceed with such advice and assistance as you may deem necessary in the proper and 
faithful performance of your duty, to thoroughly and completely investigate all matter 
connected with the management and conduct of the affairs of the orphan asylum located 
at San Rafael, and known as the " St. Vincent's Orphan Asylum." With the'information, 
already placed in your possession by the Governor, you have a basis upon which to estab- 
lish a system of inquiry that will intelligently place the facts obtained in proper shape 
for prc^entiition to this office. Your inquiries must be of a public character, so far as the 
Executive Office is concerned; there is nothing to conceal, and every protection must be 
extended those who are called upon to ^ive testimony, in order that the absolute and 
correct facts may be obtained, and particularly must the press, without distinction, be 
given every opportunity to present such facts to the public as may be deemed by them 
useful for publication. You will report to the Governor without delay the result of your 
inquiries. 

Verv truly, yours, 

M. D. BORUCK, 

Private Secretary. 



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BIENNIAL REPORT 



SECRETARY OF STATE 



STATE OF CALIFORNIA, 



F"oR THE Two Years Ending June 30, 1888. 



SACRAMENTO: 

STATE OFFICE, : : : : : J. D. YOUNG, 8DPT. STATE PBINTINQ. 

1888. 



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Department of State, ) 
Sacramento, July 1, 1888. J 

To his Excellency R. W. Waterman, Oovemor of State of California : 

Sir: I have the honor herewith to submit the. biennial report of the Sec- 
retary of State for the thirty-eighth and thirty-ninth fiscal years, ending 
June 30, 1888. 

Respectfully, 

W. C. HENDRICKS, 

Secretary of State. 



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REPORT. 



To R. W. Waterman, Oovemor of California : 

Sir: In accordance .with law and custom, I have the honor to report to 
you the transactions of this department, from January 3, 1887, when I took 
possession, up to July 1, 1888, accompanied by such recommendations as 
may suggest themselves. 

The office work was found but little behind, and all the duties system- 
atically and efifectively discharged. But from insufficient appropriation, 
the Repairs to Capitol Fund was found not only exhausted, but, in addition, 
a debt against it of over $3,700. To keep up repairs in a Capitol building 
very much out of repair, for six months, including a long session of the 
Legislature, and to finish up work in progress under my predecessor, 
required a heavy expenditure, which amount, with the indebtedness already 
existing, aggregates $5,898 22. 

The Capitol building required painting badly, both inside and out. The 
basement of the Capitol required to be cleaned of the tons of filth which 
had been accumulating for years. The ashes, sweepings, paper, refuse 
from restaurant, cigar stumps — all and everything had been dumped into 
this receptacle, from the time of the first occupancy of the building. The 
sanitary condition of the Capitol and the health of its occupants, demanded 
the removal of this debris and the purification of the atmosphere. 

Strange as it may seem, the Capitol was destitute of any waiting room 
for women and children. The great want for such provision was apparent. 

New carpets were wanted for the Senate and Assembly chambers, and 
most of the State offices, the Supreme Court rooms, and many of the com- 
mittee rooms needed the same. Lounges, desks, tables, and chairs all over 
the Capitol needed upholstering. 

A contract was made with Carle & Crolv to fit up and furnish com- 
partments exclusively for ladies, at a cost of $1,246 13. The Legislature 
promptly passed a bill making the necessary appropriation, and now very 
comfortable and retired quarters for women and children are provided. 

REPAIRS TO CAPITOL. 

Instead of the usual appropriation of $5,000 for two years, the last Legis- 
lature appropriated $15,000 ($7,500 per year). 

During the last (thirty-ninth) fiscal vear, three thousand three hundred 
and thirty-seven yards of Bigelow, five frame body Brussels and velvet car- 
pets were laid in covering the Governor's three offices; three rooms in the 
Controller's office; two rooms in the Treasurer's office; two in the Attomey- 
Greneral's office; Supreme Court room. Department 1; one room in the 
Supreme Court Clerk's office; two rooms in the Adjutant-Greneral's office; 
two rooms in the Surveyor-Greneral's office; and two rooms in the Superin- 
tendent of Public Instruction's office. One thousand square yards of Courti- 
cine were laid in covering halls on the first and second stories. This, with 
the usual current expense, and some unusual repairs, exhausted the 
appropriation ($7,500) for that (the thirty-ninth) fiscal year. A remark- 
able gas explosion, occurring in a vault in room 15, by which one person 



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6 REPORT OF THE SECRETARY OF STATE. 

almost lost his life, the power of which passed from room 15 through room 
14 (the windows and doors of which were open) without damage, but de- 
molished the locked and barred door between rooms 14 and 13, smash- 
ing to pieces all the large plate glass windows and window shutters in the 
latter room, caused several hundred dollars expense in repairing damage 
and in removing the gas jets from all the vaults in the building. Not hav- 
ing the funds with which to remove the trash and filth that was vitiating the 
atmosphere, and endangering the health of the occupants of the Capitol, 
and alter consulting with the Board of Examiners, and particularly with 
the Governor, a contract was made with C. M. Bombaugh, to clean out and 
whitewash the basement for the low sum of $1,200, to which should be 
added $100 for extra work done, and which work is fully explained in his 
bill. 

The mass of debris, estimated at from eight hundred to one thousand 
tons, has been removed, and scattered where it would do the most good 
over the park; the walls have been whitewashed; the whole space fumi- 
gated, ana the health of the entire building improved. There being no funds 
with which to do this work (the appropriation for the thirty-eighth fiscal 
year being exhausted, and that of tne thirty-ninth not available, neither 
having been appropriated for that purpose), Mr. Bombaugh agreed to await 
the action of the next Legislature for his pay. This is a just debt, occa- 
sioned by a necessity, which the Legislature should promptly meet. 

Some painting and fixing being much needed in the Treasury and 
Superintendent of Public Instruction offices, the heads of these departments 
requesting, and the Board of Examiners approving, a contract was made 
with Thomas O'Neal to do the work, which amounts in the aggregate to 
$1,970. There being no funds out of which to pay Mr. O'Neal, he also 
agreed to await the action of the next Legislature. This also is a just 
indebtedness, and should be promptly appropriated for by the coming 
Legislature. 

Out of the $7,500 appropriation for this (the fortieth) fiscal year, it is 
proposed, besides the usual necessary current expenses, to recarpet and 
upholster the Senate and Assembly chambers, ana to recurtain and cover 
with suitable material the lobbies of the same. Also to upholster, and 
generally fix and repair the Supreme Court chambers, and to go as far as 
funds will permit, in varnishing and repairing chairs, desks, tables, and 
lounges generally, and providing furniture in other offices in the building. 

The regular appropriation of $5,000 for two years is sufficient for the 
ordinary current expenses; and when any unusual expense can be antici- 
pated, it should be reported, that the Legislature may provide for it. 
Therefore it becomes my duty, and you will permit my calling your atten- 
tion to the interior of the Capitol, and the urgent necessity of painting, to 
preserve and beautify not alone the walls, but the furniture within. An 
appropriation should be made for this purpose. 

STATIONERY, FUEL, AND LIGHT. 

Under some misapprehension, the Legislature of 1887 reduced the appro- 
priation for this funa to $7,500 per annum. 

Accounts show that the charges against this fund in the thirty-fourth 
fiscal year amounted to $19,487 78; in the thirty-fifth fiscal year to $10,- 
561 50; in the thirty-sixth fiscal year to $11,544 76; and in the thirty- 
seventh fiscal year to $7,640 84. 

Everything being favorable — cheap fuel, light demand for stationer}', 
etc. — the present' appropriation for a fiscal year in which there is no Legis- 



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REPORT OP THE SECRETARY OF STATE. / 

lature might possibly be sufficient, but it is not probable; and it is certainly 
insufficient for a fiscal year covering a session of the Legislature. 

With the exception of my last fiscal year (the thirty-ninth, ending last 
July, which was but $6,504 23, and lighter than any other against this 
fund), there is no fiscal year in the past but what the charges have been 
more than $7,500. 

In the thirty-seventh fiscal year, there was an appropriation of $10,000. 
Of that amount, $2,359 16 was unexpended and carried to the thirty-eighth 
fiscal year; which, with the $10,000 appropriation, made $12,359 16 for that 
year. After deducting from that amount $5,405 15, the amount of paid 
and unpaid bills of my predecessor for the first six months of the thirty- 
eighth nscal year, left $6,954 01 in the fund at the commencement of my 
term on the third of January, 1887, to draw against for the last six months 
of this fiscal year, covering a long session of the Legislature. 

Every year the necessary expenses are increasing, with increasing busi- 
ness. As fuel was high and no stock on hand, and as the stock of stationery 
was low, a deficiency of $1,276 32 was unavoidable. 

To prevent deficiency bills in the future, and to prevent extra charges 
for time and uncertainty of waiting for deficiency appropriations, I ask from 
the incoming Legislature an appropriation of $2,000 to help out this (the 
fortieth) fiscal year, and of $10,000 for each of the two succeeding fiscal 
years. 

POSTAL AND EXPRESSAGE. 

Li distributing documents which were found accumulated in this office 
<m entering, and in the natural distribution of public documents which 
seems to be right and contemplated from this department, a heavier draw 
upon this fund has been made than heretofore; but by pinching the distri- 
bution of documents (perhaps a little more than it should) the present 
appropriation can be made sufficient. 

CONTINGENT EXPENSES. 

The appropriation of $100 a year for contingent expenses of this office is 
insufficient. In furnishing and caring for the Capitol, and the best inter- 
est of the State, the Secretary of State is required to travel more or less. 
I recommend for traveling and other expenses an appropriation of $500 
for two years. 

CARE OF ARCHIVES. 

The archives of the various offices are scattered over the Capitol, and 
more or less scattered in the same office, particularly in that of the Secre- 
tary of State. Would it not be advisable for the Legislature to provide 
for the necessary room, and the appointment of a person to specially take 
care and charge of the State archives, those which are rarely referred to, 
yet valuable, and have become cumbersome? 

CAPrrOL PAINTING AND GROUNDS. 

As a member of the Board of Capitol Commissioners, and one to whom is 
largely left the care of the park grounds, it may be appropriate for me to say, 
that owing to the wording of the law authorizing the painting of the exte- 
rior of the buildings on the Capitol grounds, we were unable to clean and 
polish the granite story of the Capitol. After painting the exterior of the 
Capitol (excepting the granite story), the Pavilion, and the State Printing 



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8 REPORT OF THE SECRETARY OP STATE. 

Office, there is $5,514 50 (more than sufficient) left in the appropriation to 
do this work, if it could be used for that purpose, and an amendment to 
the law is suggested, permitting it. 

The grounds between the Capitol and Pavilion are too low to justify 
thorough cultivation, and seats and fountains are needed in the park, and 
the concrete pavement should be extended all around it. As the cultiva- 
ting and beautifying of the Capitol Park grounds are extended, increased 
labor to care for it is required, and I recommend such necessary increase 
of the force. As a bill will likely be prepared and presented to the Legis- 
lature for these purposes, I but call your attention to the subject. 

STATE LIBRARY FUND. 

In the first year and a half of mv incumbency, up to July last, this 
office paid into the State Treasury $34,829 25, for the use of the State 
Library. As this library is now well stocked with books, having in it 
sixty-eight thousand seven hundred and ninety-eight volumes, and a cash 
surplus of $27,831 46 on hand, it would seem enturely unnecessary to keep 
paying such large amounts into its fund. I therefore recommend such 
change in the law as will permit the application of a portion of the receipts 
of this office to the necessities, and tne beautifying of the State grounds 
surrounding the Capitol. 

RECOMMENDATIONS. 

I would like to call your attention to the fees for filing articles of incor- 
poration. The fees are the same for all, without reference to the amount 
of the capital stock, or whether they are organized for profit, religious, 
benevolent, or literary purposes. I recommend the fees be graded accord- 
ing to the amount of the capital stock. 

I hereby call attention to a recommendation of one of my predecessors 
in office, that the plans and drawings of the Capitol having been destroyed 
by fire in the burning of an architect's residence some years ago, none now 
exist, and as it is, or might become very necessary to know the exact loca- 
tion of gas, water, sewer, or heating pipes, I earnestly join him in recom- 
mending that a complete plan of the building be obtained, and made of 
permanent record in this office, for future reference. 

ATTACHES. 

I cannot speak too warmly or highly of the clerks, officers, and attaches 
of this department. They each and all have been constantly, in season 
and out of season, untiring in their efforts to please the public, serve the 
best interests of the State, and make my administration a creditable one. 

RECEIPTS AND DISBURSEMENTS. 

Your attention is respectfully called to the following tables, showing the 
receipts and disbursements from January 3, 1887, half of the thirty-eighth 
fiscal year, up to July, 1888, the thirty-ninth fiscal year. Also, the reports 
of the Janitor and the Engineer, both of which reports are incorporated in 
this: 



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REPORT OP THE SECRETARY OF STATE. 9 



STATIONERY, FUEL, AND LIGHTS— Thibty-kiohth Fiscal Ykab. 

Appropriation $10,000 00 

Unexpended balance from thirty-seventh fiscal year 2,359 16 

$12,359 16 
Expended by former administration 3,505 67 

On hand January 1, 1887 $8,853 69 

Paid outstanding bills — Thompson's administration $ 1,899 58 

Expended by this administration 6,912 24 

Unexpended balance 41 77 

$8,853 69 

Outstanding bills unpaid 1,276 32 

POSTAGE, HAULING, AND EXPRESSAGE— Thirty-eighth Fiscal Year. 

Appropriation $1,200 00 

Unexpended balance from thirty-seventh fiscal year 557 27 

$1,757 27 
Exi>ended by former administration 372 20 

$1,385 07 

Paid outstanding bills— former administration $96 13 

Expended bv this administration 522 74 

Unexpended balance 766 20 

$1,385 07 

REPAIRS TO CAPITOL— Thirty-seventh and Thirty-eighth Fiscal Years. 

Appropriation - $5,000 00 

Elxpended bv former administration $4,977 61 

Unexpendea balance 22 39 

$5.000 00 

Bills outstanding unpaid— former administTation $3,743 68 

Bills outstanding unpaid — this administration 2,164 54 

ToUl outstanding bills $5,898 22 

WATER IN BUILDING— Thirty-eighth Fiscal Year. 

Appropriation $600 00 

Expended by former administration : 300 00 

On hand January 1, 1887 $300 00 

Expended by this administration 300 00 

CONTINGENT EXPENSES— Thirty-eighth Fiscal Year. 

Appropriation $100 00 

Unexpended balance from thirty-seventh fiscal year 6 60 

$105 60 

Expended by previous administration $47 40 

Paid outstanding bills for former administration 7 20 

Expended bv this administration 48 35 

Unexpendea balance.. 2 65 

$105 60 

Outstanding bills unpaid 13 76 

STATIONERY, FUEL, AND LIGHTS— Thirty-ninth Fiscal Year. 

Appropriation $7,500 00 

Expended $6,504 23 

Balance unexpended 906 77 

$7^ 00 



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10 REPORT OP THE SECRETARY OF STATE. 



POSTAGE, EXPRESS AGE, AND HAULING— Thibtt-ninth and Fobtikth Fiscal 

Ykaes. 

Appropriation $1,600 00 

Expended , $853 22 

Unexpended balance 646 78 

11,500 00 

REPAIRS TO CAPITOL—Thibty-iiinth Fiscal Yeab. 

Appropriation $7,500 00 

Expended $7,399 94 

Unexpended balance 100 06 

$7,500 00 



WATER IN BUILDING— THiBTY-NiirrH Fiscal Yeab. 

Appropriation - $600 00 

Expended 600 00 



CONTINGENT EXPENSES— Thibty-ninth Fiscal Yeab. 

Appropriation $100 00 

Expended 100 00 

Outstanding bills unpaid... 18 30 



RECEIPTS OF THIS OFFICE FROM ALL SOURCES. 

Receipts— 1887. 

January $1,720 25 

February 1,508 65 

March 2,405 50 

AprU 2,547 60 

May 2,367 00 

June 2,025 00 

July 1,889 75 

August 2,178 25 

September 2,099 76 

October 2,168 75 

November 1,974 00 

December 2,000 00 

$24,884 60 

Receipts— 1888. 

January $2,480 40 

February 1.873 00 

March 2,203 00 

April 2,137 00 

May 2,159 00 

June 1,692 00 

$12,544 40 



$37,428 90 



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REPORT OP THE SECRETARY OF BTATB. 11 



JANITOR'S REPORT. 



Hon. W. C. Hendricks, Secretary of State: 

In accordance with your request, I herewith present to yoti my report, 
touching matters directly concerning this department, during the period 
of my incumbency, from February 2, 1887, to July 1, 1888. 

By your direction, and in compliance with the legislative appropriation, 
many necessary improvements have been made in and about the building, 
adding much to the convenience of the State officials, and to the general 
preservation of the State's property. 

Manv of the offices have been newly carpeted with the best Bigelow 
Brussels carpets; the old carpets, where not too badly worn, were relaid 
in committee rooms, and the balance sold at auction, and the money 
accounted for by you in the manner as by law required. 

The room fitted up for a ladies' dressing-room was formerly occupied as 
a storeroom, and this portion of your department has been crippled for 
space to lhat extent. 

The handling of many thousand volumes of reports, statutes, journals, 
and State Engineering reports, as well as maps, ballot paper, and the stor- 
ing of the archives of the State, necessitates the providing of suitable 
quarters in the basement or elsewhere, to accommodate the present and 
pressing needs of the Janitor; and I would most respectfully call your 
attention to such necessity. 

The following schedule shows supplies furnished frx)m this (Janitor's) 
department: 

STATIONERY— Thirty-eighth Fiscal Year. 

Farnisfaed State officers $3,021 31 

Famished Senate 62 41 

Famished Assembly 86 64 

Committees, clerks, and attaches 1,394 18 

Total $4,663 44 

STATIONERY— Thibty-niwth Fiscal Year. 
Famished State officers $2,049 76 



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12 



REPORT OP THE SECRETARY OF STATE. 



CALIFORNIA REPORTS. 



Balance om Hand January 1, 1887. 



Balance on 

Hand Jnly 1, 

1888. 



Volume 41 599 

Volume 42 537 

Volume 43 .» 468 

Volume 44...: 593 

Volume 46 002 

Volume 46 826 

Volume 49 6 

Volume 51 6 

Volume62 26 

Volume 63 13 

Volume 56 12 

Volume 56 14 

Volume 57 18 

Volume 68 16 

Volume 69 22 

Volume 60 24 

Volume 61 22 

Volume 62 ^ 26 

Volume 63 24 

Volume 64 27 

Volume 65 26 

Volume 66 26 

Volume 67 27 

Volume68(received April 9, 1887) 800 

Volume69(receivedJuly 1,1887) 300 

Volume 70 (received October 1, 1887) 300 

Volume 71 (received January 3, 1888) 300 

Volume 72 (received April 16, 1888) 300 



697 

633 

464 

588 

598 

821 

1 

1 

21 

8 

6 

9 

12 

10 

17 

18 

17 

21 

19 

21 

18 

16 

23 

23 

22 

26 

32 

33 



SPANISH LAWS. 
July 1, 1888— Balance on hand 32 

STATUTES OF 1876-6. 
July 1, 1888— Balance on hand 462 

STATUTES OF 1877-8. 
July 1, 1888— Balance on hand 428 

STATUTES OF 1880. 

Jan. 1, 1887— Balance on hand 326 

Since distributed - 4 

July 1, 1888— Balance 322 

STATUTES OF 1881. 

Jan. 1, 1887— Balance on hand 422 

Since distributed 15 

Balance 407 

STATUTES OF 1883. 

Jan. 1, 1887— Balance on hand 331 

Since sold and distributed 12 

July 1, 1888— Balance on hand 319 

STATUTES OF 1884-6. 

Jan. 1, 1887— Balance on hand 200 

Since sold and distributed 48 

July 1, 1888— Balance on hand 152 

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REPORT OF THE SECRETARY OF STATE. 13 

STATUTES OF 1886-7. 

Received from printer 2,187 

Since sold and distributed 1,634 

July 1, 1888— Balance on hand 633 

PALEONTOLOGY. 
Sent State Mining Bureau 2 volumes. 

CONSTITUTIONAL DEBATES. 

Jan- 1, 1887 — Balance on hand 1,202 

Since distributed 112 

July 1, 1888--Balance on hand 1,090 

HALL'S IRRIGATION DEVELOPMENT. 

Feb. 1, 1887--Balance on hand 968 

Since sold and distributed 413 

Jniy 1, 1888~Balance on hand ^ 556 

HALLOS TOPOGRAPHICAL AND IRRIGATION MAP (PLAIN). 

May21,1887— Received of W. H. HaU 2,000 set 

Sold and distributed 1 1,005 set. 

Jniy 1, 1888— Balance on hand 906 set 

HALL'S TOPOGRAPHICAL AND IRRIGATION MAP (MOUNTED). 

Auif.11,1887— Received of W. H. HaU 250 set 

Sold 89 set 

July 1, 188»— Balance on hand 161 set 

HALL'S GREAT CENTRAL VALLEY MAP (PLAIN). 

Feb. 18, 1888— Received of W. H. HaU 2,350 set 

Sold 66 set 

July 1, 1888— Balance on hand 2,284 set 

HALL'S GREAT CENTRAL VALLEY MAP (MOUNTED). 

Mar. 20, 1888— Received of W. H. HaU 248 set 

Sold 4 set 

July 1, 1888— Balance on hand 244 set 

HALL'S DETAIL IRRIGATION MAP (10 SHEETS). 

May 31, 1887— Received of W. H. HaU 1,500 set 

Sold and distributed 127 set 

July 1, 1888— Balance on hand l,339set 

BALLOT PAPER. 
Old stock "Burns" paper 695 reams. 

BALLOT PAPER (GREEN TINT). 

Feb. 1, 1887— Balance on hand 517 reams. 

Sold from January 1, 1887, to July 1, 1888 312J reams. 

July 1, 188a— Balance on hand - 208^ reams. 

Respectfully, 

L. M. LANDSBOROUGH, 

State Janitor. 



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14 REPORT OP THE SECRETARY OF STATE. 



REPORT OF ENGINEER OF THE STATE CAPITOL. 



Hon. W. C. Hendricks, Secretary of State: 

Upon assuming the position of Engineer of the Capitol Building, Janu- 
ary 3, 1887, 1 found many important repairs necessary, such as repairs on 
steam pumps, globe valves, and other steam fittings, rebuilding of inside of 
furnace, and the purchase of tools. 

The above work has been carried out, the work well done, and at mod- 
erate expense, involving in the neighborhood of $1,500. 

Contrary to the custom which seems to have prevailed heretofore in this 
department, of allowing necessary repairs to go undone, I have done such 
work as the limited funds would permit of, and would suggest the advisa- 
bility of doing such work, from time to time, as is necessary, and in ordef 
to do so, would suggest an allowance of fully $1,500 for the ensuing two 
years, for work to be done and repairs necessary in covering steam pipes, 
etc. 

Considerable difficulty has been experienced in getting first-class fuel, 
such as mountain live oak wood, the contractor pleading his inability to 

Erocure the same, and finally refusing to furnish it. I would suggest that 
ereafter more specific terms and conditions be expressed in specifications 
for wood and coal, and an increase in the bonds of contracting parties be 
required for the faithful performance of their obligations and protection to 
the State. The amount of four-foot wood consumed for heating purposes 
was about two hundred and thirty cords, while the coal consumed in the 
building aggregates about one hundred and fifty tons, for the year and a 
half covered by this report. 

Respectfully, 
^ July 1, 1888. JOHN COFFEY, Engineer. 



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REPORT OP THE SECRETARY OF STATE. 15 



OONOLTJSION. 



In conclusion allow me to remark, that legitimate economy in the con- 
ducting of all public institutions is governed by the same laws that apply 
in the management of private business, and ought strongly to be advocated 
and persistently practiced. But to allow buildings and Airniture to decay 
and rot for want of paint and varnish, is not economy; to allow tables, 
chairs, lounges, etc., to go to destruction for lack of upholstering, is not 
economy; to economize a '* stitch in time," and spend nine times as much 
afterward, is not economy; neither is pinching appropriationB, to be made 
up afterward by deficiency bills, economy. This fine Capitol and its 
attractive park should be kept up, not extravagantly, but economically, in 
a manner worthy of the great State they represent. 



W. C. HENDRICKS 

Secretary of State. 



State of California, ) 

County op Sacramento, j 



W. C. Hendricks, being sworn, deposes and says, that the foregoing is a 
true statement in detail, of the manner in which each of the appropriations 
for the office of the Secretary of State have been expended during the years 
named. 

W. C. HENDRICKS. 

Subscribed and sworn to before me, this, the twenty-fifth day of Septem- 
ber, 1888. 

S. P. Maslin, 
Secretary of the State Board of Examiners. 



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BIENNIAL REPORT 



STATE TREASURER 



STATE OF CALIFORNIA. 



THIETT-EMHTH AND THIRTT-HINTH FISCAL TEAKS. 



1886-1888. 



ADAM HEROLD, STATE TREASURER. 



SACRAMENTO: 

OTATE OFFICE : : : : J. D. YOUNG, 8UPT. STATE PRINTING. 

1888. 



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REPORT. 



State of California, Treasury Department, ) 
Sacramento, July 30, 1888. j 

To his Excellency R. W. Waterman, Oovemor of California: 

Sir: In conformity with section three hundred and thirty-two, Political 
Code of the State of California, I beg leave respectfully to submit the fol- 
lowing report of the transactions of this department for the thirty-eighth 
and thirtv-ninth fiscal years, ending June 30, 1888, as shown by the fol- 
lowing schedules. 

Your obedient servant, 

ADAM HEROLD, • 

State Treasurer. 



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32 



REPORT OF THE STATE TREASURER. 



SCHEDULE "K." 
Showing State Debt and kinds of money in the Treasury June 30, 1888. 



Kind of Debt. 



Amoant. 



Outstanding 7 per cent Civil Bonds of 1867, issued under Act 
of April ^,lfe7 

Outstanding 7 per cent Civil Bonds of 1860, issued under Act 
of April 30, 1860 

Outstanding 6 per cent Funded Debt Bonds of 1873, issued 
under Act of April 2, 1873 



$5,000 00 

500 00 

2,698,000 00 



Total funded indebtedness 

Outstanding Controller's warrants on General Fund 

Outstanding Controller's warrants on School Fund 

Outstanding Controller's warrants on State School Land 
Fund 

Outstanding Controller's warrants on State Drainage Con- 
struction Fund 

OutstandingControIler's warrants on Construction Fund of 
Draina^ District No. 1 

Outstanding Controller's warrants on Mining Bureau Fund. 

Outstanding Controller's warrants on Railway Tax Fund ... 

Outstanding Controller's warrants on Adult 6lind Fund 

Outstanding Controller's warrants on Fish Commission Fund. 

Outstanding Controller's warrants on Bank Commissioners 
Fund 



$84,537 68 
3,801 03 

203 87 

70 05 

1,634 02 

105 00 

150 28 

235 99 

4 25 

900 00 



Total floating indebtedness 

Cash on hand. 

Gold coin 

Silver coin 

United States legal tender notes 

January receipts 

Totals 



$1,477,315 00 

2,212 5r> 

14,715 00 

53,752 77 



$1,547,995 33 



$2,703,500 00 



91,642 17 



$2,795,142 17 



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REPORT OP THE STATE TREASURER. 



83 



SCHEDULE "L." 
Shewing ItUereit and Coupon Account dunng the Thirty-eighth and Thirty-ninth Fiscal Years, 



BOHM. 



Balance ou 

Hand 
July 1, 1886. 



Receipts. 



Paymeots. 



Balance on 

Hand 

Jane 30, 1888. 



Pkicijie Railroad Bonds, I864, 



Coopon No. 23 - 
Conpon No. 25 . 
Coupon No. 27 . 
Coupon No. 31 . 
Coupon No. 32 . 
Coopon No. 36 . 
Conpon No. 37 . 
Conpon No. 38 . 
Coupon No. 39 . 
Coupon No. 40 . 



State Capitol Bonds, 187S. 



Coupon No. 24 . 
Coupon No. 25 . 
Coupon No. 28 . 



r70 00 

35 00 
385 00 

36 00 
70 00 

35 00 
490 00 

36 00 
175 00 
840 00 



15 00 
196 00 
270 00 



Funded Debt Bonds, 187S, 



Coupon No. 27 . 
Coupon No. 28 . 
Coupon No. 29 . 
j^oupon No, 30 . 



$80,940 00 
89,690 00 
89,690 00 
89,690 00 



$105 00 
805 00 



15 00 
195 00 
270 00 



80,940 00 
89,690 00 
89.690 00 
89,390 00 



$70 00 
35 00 

386 00 
35 00 
70 00 
35 00 

490 00 
35 00 
70 00 
35 00 



300 00 



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34 



REPORT OF THE STATE TREASURER. 



SCHEDULE "M." 
Showing Bonds held in trust by State Treasurer. 



Clabs or Bonds. 



Amount 



Total. 



For benefit of State School Fund, 
State- 
State Funded Debt Bonds of 1873, 6 per cent. 

County- 
Sacramento, 42 per cent 

Sacramento, 6 per cent 

Sacramento, 8 per cent 

Humboldt, 9 per cent 

Tulare, 10 per cent 

Santa Clara,4 per cent 

Fresno, 6 percent 

Marin, 5 per cent 

Inyo, 7 percent 

Stanislaus, 8 per cent 

Yolo,6per cent , 

Tehama, 5 per cent 

Napa, 5 percent , 

San Luis Obispo, 6 per cent 

San Luis Obispo, 8 per cent 

Merced. 5 per cent 

Santa Barbara, 5 per cent 

Mendocino, 4 per cent , 

Tehama, 6 per cent , 

Los Angeles, 4i per cent 

Lake, 5 per cent 

Sacramento, 4 per cent 

San Diego, 5 per cent 



Total. 



For benefit of State University. 
State- 
State Funded Debt Bonds of 1873, 6 per cent 

County — 

Tehama, 5 per cent 

San Francisco Park Improvement, 6 per cent... 

San_ Francisco School, 6 per cent 

San Francisco Montgomery Avenue, 6 per cent. 

Merced, 6per cent 

Plumas. 6 per cent 

Marin, 7 per cent 

Kern, 7 per cent 

Santa Clara, 7 per cent 

Fresno, 7 percent 



Town- 
Town of Alameda, 6 per cent . 

Total 



For benefit of James SauUry, 
County- 
Santa Clara, 5 per cent 



$1,546,500 00 



$100,000 00 
32,100 00 

145,000 00 

25,000 00 

6,000 00 

100,000 00 
51,000 00 
78,000 00 
34,000 00 
1,000 00 
60,000 00 
61,000 00 
53,000 00 
16.000 00 
40,000 00 
16,000 00 
18,000 00 
68,000 00 
11,500 00 

165,000 00 
47,800 00 
84,000 00 

100.000 00 



$817,500 00 



$37,000 00 
51,000 00 
30,000 00 
22,000 00 
63,000 00 
9,000 00 
50,000 00 
15,000 00 
3,000 00 
12,500 00 



$10,000 00 



$24,500 00 



$1,546,500 00 



$1,312,400 00 



$2,858,900 00 



$817,500 00 



292,500 00 
10,000 00 



$1,120.000 00 



$24,500 00 



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REPORT OF THE STATE TREASURER. 



35 



SCHEDULE "N." 
Showing Transactions in State Bonds during the Thirty-eighth and Thirty-ninth Fiscal Tears, 



SXEIKS. 



Amotint 



Funded Debt of 1857 ^ seven per cent bonds. 

Outstanding July 1, 1886 

Outstanding June 30, 1888 

Funded Debt of I860, seven per cent bonds. 

Outstanding July 1, 1886 

Outstanding June 80, 1888 

State Capitol Bonds ofl87t, seven per cent. 

Outstanding July 1, 1886 

Paid during the thirty-ninth fiscal year 

Funded Debt ofl87S, six per cent bonds. 

Outstanding July 1, 1886 

Outstanding June 30, 1888 

Total bonds outstanding 



15,000 00 



1500 00 



$250,000 00 



1250,000 00 
$2,686,000 00 



$5,000 00 



500 00 



2.6d8,000 00 



$2,703,500 00 



EKWftBKg. — ^lotereit caased on the oatptanding bonds of 1857 and 1860, July 31, 1875. 



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36 REPORT OF THE STATE TREASURER. 

CoNTiNaENT Expenses State Treasurer's Office, Thirty-eighth and 
Thirty-ninth Fiscal Years. 

I, Adam Herold, Treasurer of the State of California, do hereby certify 
that the appropriation for postage, expressage, and contingent expenses in 
State Treasurer's office, for the thirty-eighth and thirty-ninth fiscal years, 
has been expended as shown by the following statement: 

Thirty-eighth Fiscal Tear. 

By appropriation |150 00 

By unexpended balance, thirty-seventh fiscal year 3 21 

To amount expended by Hon. D. J. Oullahan, per vouchers on file in 

Controller's office from July 1, 1886, to December 28, 1886 |82 68 

To postage, expressage, and box rent 9 60 

To subscription to newspapers 27 65 

To telegrams 1 65 

To rubber stamp and pad 10 00 

To washing towels 3 00 

To unexpended balance June 30, 1887 18 73 

Total.-. 1153 21 $158 21 

Thirty-ninth FiscaX Tear, 

By appropriation |160 00 

By unexpended balance thirty-eighth fiscal year 18 73 

To postage and expressage |24 76 

To Post Office box rent 4 00 

To subscription to newspapers 82 30 

To telegrams 10 86 

To ice , 10 85 

To rubber stamps j— . 8 60 

To San Francisco Directory 5 00 

To Henry Fuchs 65 

To Sacramento Directory 3 00 

To washingtowels 3 00 

To Charles Wilke 2 00 

To Statistician 4 00 

To Joseph Hahn 1 00 

To unexpended balance June 30, 1888 8 83 

Total-— $168 73 $168 73 

ADAM HEROLD. 

Subscribed and sworn to before me this thirtieth day of July, 1888. , 

J. D. SPENCER, 
[seal.] Clerk Supreme Court. 

By J. J. Paulsell, 

Deputy Clerk. 



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CALIFORNIA. 



BIENNIAL REPORT 



STATE CONTROLLER 



THIRTY-EIGHTH FISCAL YEAR ENDING JUNE 30, 1887, AND THE 
THIRTY-NINTH FISCAL YEAR ENDING JUNE 80, 1888. 



SACRAMENTO: 

STATE OFFICE, : : : : J. D. YOUNG, SUPT. STATE PRINTING. 

1888. 



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CONTENTS. 



A 

Paok. 

Apportionmeiit of receipts 11 

Aged persons in indigent circumstances 29 

Appendix 39 

* 

B 

Bonds for support of common schools 16 

C 

Comparison of receipts and expenditures 12 

Census of school children 28 

Chico Normal School 34 

Convicts — transportation of 21 

D 

Disbursements 12 

Debt— State 19 

Defalcations 33 

Detailed statement of expenditures, under appropriations for Controller 37-38 

E 

Estimate of expenditures for the forty-first and forty-second fiscal years 140 

Exhibits of the financial condition of the several counties 145-198 

F 

Fund— General 12 

Fund— School 15 

Fand — Interest and Sinking * 17 

Fund— State School Land 17 

Fund— University 18 

Fund— State University 19 

Fund— State Drainage Construction 20 

Fund — Construction, Drainage District, No.l 20 

Fund— State Library 29 

Fund— Adult Blind, unavailable 32 

Fund — General, discrepancy 33 

Funds — new 32 

Feeble-minded children 32 

Financial condition of counties 36,133-198 

G 

General Fund— discrepancy of 33 

H 

Hotel and traveling expenses of State officials 31 



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4 CONTENTS. 

I 

Page. 

Insane— transportation of 21 

Insurance of public buildings 34 

M 

Moneys received by State institutions should be paid into the State Treasury 31 

N 

New funds. 32 

O 

Oaths of Controller 37-38 

Official fees 30 

P 

Payment of employes of State Printing office 32 

Pure wine labels 34 

R 

Receipts for thirty-eighth and thirty-ninth fiscal years 10 

Receipts and disbursements for the thirty-eighth and thirty-ninth fiscal years 13 

Railroad taxes 21 

Rent of offices in San Francisco 31 

Repairs to State Capitol building ..-. 34 

• 

S 

State Treasury 8 

State debt... 19 

State Library 28 

State Board of Examiners 30 

State Engineer's department 29 

Supplies for State offices 31 

State officials— hotel and traveling expenses 31 

State Capitol building— repairs to - 34 

State Capitol Commissioners 34 

T 

Transportation of convicts and insane 21 

Taxes — railroad 21 

Two per cent interest due on delinquent taxes 28 

V 

Vault for State archives 30 

W 

Wine — pure, labels 34 



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APPENDIX 



Statement No. 1. 

Paoe. 

lleceipts into Uie State Treasury for the thirty-eighth fiscal year, ending June 30, 1887. 40 

Statement No. 2. 
Receipts into the State Treasury for the thirty-ninth fiscal year, ending June 30, 1888. 43 

Statement No. 3. 
Expenditures for the thirty-eigh th fiscal year, ending June 30, 1887 46 

Statement No. 4. 
Ezpenditu res for the thirty-ninth fiscal year, ending June 30, 1888 62 

Statement No. 5. 

Condition of the several funds at the close of the thirty-eighth fiscal year, ending 

June 30, 1887 76 

Statement No. 6. 

Condition of the several funds at the close of the thirty-ninth fiscal year, ending 

June 30, 1888 77 

Statement No. 7. 
Condition of the several funds for the thirty -eighth and thirty-ninth fiscal years... 78 

Statement No. 8. 

Receipts and apportionments of school moneys for the thirty-eighth fiscal year, 

ending June 30, 1888 .* 92 

Statement No. 9. 

Beceipto and apportionments of school moneys for the thirty-ninth fiscal year, end- 
ing June 30, 1888 W 

Statements Nos. 10, 11, 12, 13, 14, and 15. 

ILelative to assessments of railroads by the State Board of Equalization, amount of 

tax paid, and amount delinquent 90 

Statement No. 16. 

Amounts charged Tax Collectors for the year 1886 (being exclusive of the taxes due 

upon railroads assessed by the State Board of Equalization ) 118 

Statement No. 17. 

Amounts charged Tax Collectors for the year 1887 (being exclusive of the taxes due 

upon railroads assessed by the State Board of Equalization) 120 

Statement No. 18. 

Delinquent taxes charged to Tax Collcctorv(« for the year 188<) (l)eing exclusive of the 

delinquent taxes due upon railroads assessed by the State Board of Equalization). 122 



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6 APPENDIX. 

Statement No. 19. 

Page. 

Delinqaent taxes charged to Tax Collectors for the year 1887 (being exclasive of the 

delinquent taxes due upon railroads assessed by the State Board of Equalization). 124 

Statement No. 20. 

Amounts of State tax levied, amounts collected, and amounts delinquent in the 
several counties, for and on account of property tax of 1886, on the thirtieth 
day of June, 1888 126 

Statement No. 21. 

Amounts of State tax levied, amounts collected, and amounts delinquent in the 
several counties, for and on account of property tax of 1887, on the thirtieth 
day of June, 1888 127 

Statement No. 22. 
Financial condition of the several counties for the year 1886 128 

Statement No. 23. 
Financial condition of the several counties for the year 1887 130 

Statement No. 24. 

Commissions and mileage for assessing, auditing, collecting, and paying in State 
taxes for the thirty-eighth fiscal year, commencing July 1, 1886, and ending 
June30,1887 133 

Statement No. 25. 

Commissions and mileage for assessing, auditing, collecting, and paying in State 
taxes for the thirty-ninth fiscal year, commencing July 1, 1887, and ending June 
30, 1888 134 

Statement No. 28. 

Valuation of real and personal property and the rate of taxation on each one hun- 
dred dollars, from the organization of the State Government to the year 1887. 
inclusive.--,- - -.. 136 

Statement No. 27. 

Amounts paid into the State Treasury from estates of deceased persons during the 

thirty-eighthfiscalyear. ending June 30, 1887- 136 

Statement No. 28. 

Amounts paid into the State Treasury from estates of deceased persons during the 

thirty-ninth fiscal year, ending June 30, 1888 137 

Statement No. 29. 

Showing the number of pure wine labels issued to purchasers, the names and loca- 
tions of the purchasers, the numbers used, and the numbers remaining in the 
hands of purchasers on June 30, 1888 138 

Statement No. 30. 

Estimate of expenditures for the forty -first and forty-second fiscal years 140 

Exhibits of the financial conditions of counties 133-198 



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REPORT. 



State op California, Controller's Department, | 
Sacramento, October 1, 1888. j 

To Hon. R. W. Waterman, Governor of California: 

Sir: In accordance with the requirements of law, I have the honor, here- 
with, to submit the report of this department for the thirty-eighth fiscal 
year, endlDg June 30, 1887, and the thirty-ninth fiscal year, ending June 
30, 1888, embracing exhibits showing the receipts and disbursements in 
support of the State Government, the condition of the several funds of the 
Treasury, as well as such other information and suggestions as is made 
the duty of the Controller to report upon. 

Tabulated statements, showing in detail the various transactions of each 
fiscal year, will be found under proper headings in the Appendix, and 
correctly indexed. 



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REPORT OP THE STATE CONTROLLER. 



STATE TREASURY. 



The following comparative exhibits show the Controller's ledger balances 
of the several fiinds, the amount of outstanding warrants and balances, the 
aggregate of which shows the total amount of money in the State Treasury 
at the close of the fiscal years ending June 30, 1887, and June 30, 1888; also, 
the increase of the amount of money in the State Treasury at the close of 
the latter as against that of the former year: 

STATEMENT 
Shovfing the CondUion of the Several Funds, June SO, 1887. 



Funds. 


Balance on Hand. 


OTerdTawn. 


Warrants 
Outstanding. 


Balance in State 
Treaaaiy. 


General Fund 




$206,061 88 


$281,093 57 
21.455 74 


$75,031 69 


School Fund 


$245,977 70 
468,222 19 
175,352 53 

150,171 78 
904 07 

4,500 00 

918 48 

17,426 06 

156 70 

5.347 71 

4,217 66 


267,433 44 


Interest and Sinking Fund 

State School Land Fund 




468,122 19 






176,352 53 


San Francisco Harbor Improve- 
ment Fund 






150,171 78 
904 07 


University Fund 






Consolidated Perpetual Endow- 
ment Fund of University . .— . 
Mining Bureau Fund 






4,500 00 






918 48 


State Cibrarv Fund ._ . . 




970 75 


18,396 81 
166 70 


Supreme Court Library Fund... 
War Bond Fund 








5,347 71 


Yosemite Vailev Fund . 






4,217 56 


Adult Blind Fund 


3,602 97 


5,()03 02 


2,000 05 


Revolving Jute Fund 


11,600 00 

70,617 70 

8 26 

1,455 95 

149 04 

562 74 

8.114 43 

11,326 12 
142 49 
883 30 

8 00 
850 41 

44 

9 85 
5 24 

18 70 

34 08 

27 29 

3,330 15 

98 10 

33,866 03 

106 45 


11,600 00 


Estates of Deceased Persons 
Fund 






70,617 70 


Interest and Sinking Fund, 
Levee District No. 6 






8 26 


Election Reward Fund . -. 






1,455 95 
180 69 


Railway Tax Fund 




31 66 


Railway Tax Contingent Fund.. 

State Drainage Construction 

Fund ° 




662 74 




104 00 
1,067 24 


8,218 43 


Construction Fund Drainage 
District No. 1 




12,393 36 


Swamp Land District No. 1 

Swamp Land District No. 2 .... 

Swamp Land District No. 17 

Swamp Land District No. 18 .... 
Swamp Land District No. 41 .... 

Swamp Land District No. 45 

Swamp Land District No. 46 

Swamp Land District No, 49 .... 
Swamp Land District No. 61 




142 49 






883 30 






8 00 






850 41 






44 






9 85 






5 24 






18 70 






34 08 


Swamp Land District No. 59 

State School Book Fund 






27 29 






3,330 15 


Bank Commissioners Fund 




900 00 


998 10 


State Prison Fund 




33,866 03 
112 45 


Fish Commissioners Fund 




600 








Total amount in State Treas- 
ury, exclusive of coupon ac- 
counts 


11,216,409 55 


$209,664 85 


$311,231 97 


$1,317,976 67 
2,020 00 


Total amount in several 
coupon accounts 













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REPOBT OF THE STATE CONTBOLLER. 



9 



Recapitulation. 

ControUer'a ledger baUnce 11,216,409 55 

Less debit balance (fund overdrawn) 209,664 85 

Balance $1,006,744 70 

Warrants ontstonding 311,231 97 

Total cash in State Treasury June 30, 1887 |1,317,976 67 

Total amount in several coupon accounts $2,020 00 

Total cash in Stat€ Treasury June 30, 1886 $1,106,987 59 

Total cash in State Treasury June 30, 1887 1317,976 67 

Increase of cash in State Treasury in thirty-eighth as against thirty- 
seventh fiscal year $210,989 08 

KoTB. — Under tbe Act of Biarch 13, 1885, the TreMarer peJd dnlnage wurants oat of the Oeneral Fund, cre- 
ating the apparent discrepancy in that fund in his and the Controller's books, amounting to $3,306 72. 



STATEMENT 
Showing the Qmdition of the Several Funds, June SO, 1888. 



FvSDfl. 


Balance on Hand. 


Orerdrawn. 


Warrants 
Outstanding. 


Balance in State 
Treasury. 


General Fund 


$418,581 84 

274,140 92 

243,505 49 

116,766 65 

187,002 40 

2,563 57 

488 98 

27,831 46 

297 41 

141 00 
5,347 71 

670 40 
19,325 84 
74.101 17 

8 26 

1,524 18 

149 04 

562 74 

8,136 81 

3 2A 

142 49 

883 30 
800 

1,029 83 

44 

985 

5 24 

18 70 

34 08 

27 29 

2,253 82 

35,579 79 

6,662 51 

13,461 49 

188 24 

884 55 
5,581 45 

11,278 62 




$84,537 68 
3,801 03 


$503,119 52 
277,941 95 
243,505 49 
115,970 52 
187,002 40 
2663 67 


School Fund . 




Interest and Sinking Fund 




State School Land Fund .- 




203 87 


8. F. Harbor Improvement Fund ... 
Universitv Fund - 








MininiF Bureau Fund . 




105 00 


693 98 


State Library Fund 




27,831 46 


Supreme Court Library Fund 

Leprosy Fund 

War Bond B^ind - 






297 41 






141 00 






6347 71 


Yosemite Valley Fund 

Adult Blind Fund 






670 40 




235 99 


19,561 83 
74,101 17 

8 26 


Estates of Deceased Persons Fund. 




Interest and Sinking Fund, Levee 
District No. 5 






Election Reward Fund 






1,524 18 
299 32 


Railway Tax Fund 




150 28 


Railway Tax Contingent Fund 

State Drainage Construction Fund.. 
Construction . Fund Drainage Dis- 
trict No 1 




562 74 




70 05 
1,634 02 


8,206 86 

1,637 26 
142 49 




Swamn Land District No. 1 




Swamp Land District No. 2 

Swamp Land District No. 17 

Swamp Land District No. 18 

Swamp Land District No. 41 

Swamp Land District No. 45 

Swamp Land District No. 46 

Swamp Land District No. 49 

Swamp Land District No. 51 

Swamp Land District No. 59 

Fish Commissioners Fund 






883 30 






8 00 






1,029 83 
44 




...... ...... 






9 85 






6 24 






18 70 






34 08 






27 29 




4 26 


2,258 07 
35,679 79 

6,662 61 
13,461 49 

1,088 24 
884 65 


San Quentin State Prison Fund 




Polsom State Prison Fund 






State School Book Fund 






Bank Commissioners Fund 




900 00 


Insurance Commiss'rs Special Fund. 
State Universitv Fund 








5,681 45 
• 11,278 62 


Adult Blind Fund, unavailable 












Total amount in State Treasury, 
exclusive of coupon accounts ... 

Total amount in several coupon 
accounts... . - - 


$1,458,098 80 




$91,642 17 


$1,649,740 97 
1,560 00 













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10 



REPORT OF THE STATE CONTROLLER. 



ReeapUukUion, 

Controller's ledger balance $1,468,098 80 

Warrants outstanding 91,642 17 

Total cash in State Treasury June 30, 1888 $1,549,740 97 

Total amount in several coupon accounts $1,560 00 

Total cash in State Treasury June 30. 1887 $1^17,976 67 

Total cash in State Treasury June 30, 1888 1,649,740 97 

Increase of cash in State Treasury in thirty-ninth as against the thirty- 
eighth fiscal year $231,764 30 

Note. — ^Under the Act of March 13, 1886, the Treuarer paid drainage warrantB ont of the General Fund, cre- 
ating the apparent diacrepancy in that fnnd in his and the GontroUer's buoks, amounting to $3,306 72. 

The following summary shows the sources of revenue and the several 
funds to which the receipts were apportioned, together with the total dis- 
bursements for each of the two fiscal years, detail of which will be found 
in the Appendix, Statements 1, 2, 3, and 4: 



RECEIPTS. 



Fbok What Soubos. 



Thirty-eighth 
Fiscal Year. 



Thirty-ninth 
Fiscal Tear. 



Property Tax 

PollTax 

State School Lands, 500,000 acres, principal 

State School Lands, 600,000 acres, interest 

State School Lands, 16th and 36th sections, principal 

State School Lands, 16th and 86th sections, interest 

Railway Taxes, State portion 

Railway Taxes, County portion 

Estates of Deceased Persons 

Interest on bonds held in trust for School Fund 

Interest on bonds held in trust for University Fund 

Redemption of bonds held in trust for School Fund 

Redeniption of bonds held in trust for University Fund 

From Secretary of State, fees 

From Secretary of State, sales of Statutes 

From Secretary of State, sales of ballot paper 

From Secretary of State, sales of Irrigation Reports 

From Secretary of State, sales of topographical maps 

From Secretary of State, sales of old paper 

From Secretary of State, sales of old carpets 

From Clerk of Supreme Court, fees 

From Surveyor-General, fees 

From Register State Land Office, fees 

From Insurance Commissioner, fees 

From Immigration Commissioner, fees 

From San Francisco Harbor Commissioners, rent of wharves, 
tolls, etc 

From Yosemite Valley Commissioners, rents and privileges.. 

From Bank Commissioners, from incorporated banks 

From Trustees Home of Adult Blind, receipts of Home 

From Trustees Home of Feeble-Minded Children, receipts of 
Home 

From License Collector, San Francisco, ten-cent stock certifi- 
cate tax 

From Warden, San Quentin Prison, sales of jute fabrics 

From Warden, San Quentin Prison^ receipts of prison 

From War4en, Folsom Prison, receipts o! prison 

From Superintendent Public Instruction, sales of text-books. 

From fishing licenses 

PYom fines violating fish laws 

From State loan to Calaveras County 

From annulment certificates of purchase 

From District No. 18, Swamp and Overflowed Lands 

From interest on James Saultry bonds 



14,064,938 37 

305,643 23 

833 00 

1,005 12 

133,828 56 

49,049 57 

30,526 16 

51,450 67 

3,248 50 

153,217 38 

78,233 24 

43,000 00 

68,500 00 

17,992 10 

186 00 

6,250 69 

371 60 

12 00 

11 10 



9,730 80 

6,875 50 

3,462 00 

14,432 67 

424 00 

258,527 18 

4,679 58 

14,143 40 

8,592 55 



4,245 65 

57,309 43 

47,725 78 

1,000 00 

3,330 15 

2,100 00 

183 66 

2,825 28 

61 25 

46 35 

1,223 45 



15,134.103 75 

316,744 02 

2,829 54 

1,325 95 

229,954 98 

45,117 66 

86,222 20 

56,342 48 

4,341 91 

154,629 60 

71,040 00 

134,400 00 

135,000 00 

23,052 75 

94 00 

682 50 

107 25 

924 50 



326 90 

10,149 55 

26,393 50 

4,194 00 

83,101 78 

141 00 

274,819 91 

3,236 64 

15,300 00 

10.152 66 

3,911 48 

6,366 60 

90,278 40 

137,974 08 

9,254 54 

40,225 21 

2,708 70 

1,751 98 

4,057 00 

61 10 

179 42 

1,223 46 



Amount carried forward. 



15,448,215 97 |7,022,710 99 
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REPORT OP THE STATE CONTROLLER. 
Rkceipts— Continued. 



11 



FsoK What Soubob. 



Thirty-eighth 
Fiscal Tear. 



Thirty-ninth 
Fiscal Year.' 



Amount brous^t forward 

From Drainage District No. 1 

From Attorney-General, attesting land warrants 

From sales of Geological Reports 

Prom sale of horse by P. L. Shoaff, State Printer 

From sale of paper shavings by J. J. Ayers, State Printer — 
From rebate on insurance by J. J. Ayers, State Printer 



From electrotyping by J. J. Ayers, State Printer 

From Chas. H. Allen, for library Los Angeles Normal School. 

Prom Hon. H.T. Hazard, return of per diem 

From canceled warrants 

From State Board of Examiners, return certified check 

From R. H. Buckingham, Fish Commis'r, return of money.. 
From Hon. G. A. Johnson, Attorney-General, return of money 

not used in expenses of railroaa tax cases in U. 8. Court.. . 
Prom judgment against bondsmen, D. M. Burns, ex-Secretary 

of State 

From sale of horses, J. D. Young, Supt. State Printing 

Transfer to San Quentin State Prison Fund 

Transfer to Polsom State Prison Fund 

Transfer to State University Fund 

Transfer to Adult Blind Fund 

Transfer to Adult Blind Fund, unavailable 

Transfer to Bank Commissioners Fund 

Transfer to State School Fund 

Transfer to State School Book Fund 



15,448,215 &7 

1 07 

15 00 

15 05 

30 00 

38 18 

10 00 

300 

12 50 

40 00 

880 76 



$7,022,710 99 



17 00 
"28"87 



3,792 80 

396 85 

1,849 55 



551 18 

25,000 00 

110 00 

443 40 

1,431 54 

127 19 

32,866 03 

1,000 00 

213 64 

103,500 00 

7,244 93 



Totals. 



$5,455,300 73 



17,195,244 77 



APPORTIONMENT. 

The apportionment of receipts to the different funds was as follows : 



FUNM. 



Thirty-eighth 
Fiscal Year. 



Thirth-ninth 
Fiscal Year. 



General B^nd i 

School Fund 

Interest and Sinking Fund 

State School Land Fund 

San Francisco Harbor Improvement Fund 

University Fund 

Consolidated Perpetual Endowment Fund, University , 

Mining Bureau Blind 

State Library Fund 

Supreme Court Library Fund , 

Leprosy Fund 

Tosemite Fund 

Adult Blind Fund 

Revolving Jute Fund 

Estates of Deceased Persons Fund 

Election Reward Fund 

Railway Tax Fund 

Pish Commissioners Fund 

James Saultry Fund 

State Drainage Construction Fund , 

Construction Fund, Drainage District No. 1 

Swamp Land District No. 18 Fund 

State Prison Fund 

State School Book Fund 

Bank Commissioners Fund 

San Quentin State Prison Fund 

Folsom State Prison Fund , 

Insurance Commissioner's Special Fund 

State University Fund 

Adult Blind Fund, unavailable 



12,348,648 76 

1,892,737 87 

418,582 66 

177,722 81 

258,527 18 

78,233 24 

68,500 00 

• 4,246 65 

18,160 10 

1,946 16 

424 00 

4,679 68 

8,592 55 

57,309 43 

3,248 50 

625 03 

51,450 67 

2,283 66 

1,223 45 

1,612 88 

1 07 

46 35 

48,726 78 

3,330 15 

4,643 20 



13,282.022 90 

2,209,050 32 

195,913 80 

392,235 62 

274,819 91 

71,253 64 

135,000 00 

6,368 60 

24,578 29 

2,029 91 

141 00 

3,236 64 

109,618 97 

90,278 40 

4,341 91 

68 23 

56,342 48 

4,460 68 

1,223 46 

22 38 



179 42 



40,225 21 
15,300 00 
170,840 11 
10,254 64 
2,000 00 
82,162 24 
11,278 62 



Totals. 



15,455,300 73 



$7,195,244 77 



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12 



REPORT OF THE STATE CONTROLLER. 



DISBURSEMENTS. 



Amount of Disdubsements from the Several Funds. 



Thirty-eighth 
Fiscal Year. 



Thirty-ninth 
Fiscal Year. 



General Fund 

School Fand 

Interest and Sinkine Fund 

State School Land Fund 

State Library Fund 

Supreme Court Library Fund ^ 

San Francisco Harbor Ira pro vement Fund 

Consolidated Perpetual Endowment Fund of University. 

Revolving Jute Fund 

Railway Tax Fund 

Railway Tax Contingent Fund 

Adult Blind Fund 

YosemiteFund 

Leprosy Fund 

Estates of Deceased Persons Fund 

University Fund 

Mining Bureau Fund 

James Saultry Fund 

Bank Commissioners Fund 

Fish Commissioners Fund 

Election Reward Fund 

War Bond Fund 

Construction Fund, Drainage District No. 1 

San Quentin State Prison Fund 

Folsom State Prison Fund , 

State School Book Fund 

Insurance Commissioner's Special Fund 

State University Fund 



12,486,104 19 

1,982,871 78 

89,690 00 

96,950 59 

14,887 78 

2,023 75 

130,912 88 

64,000 00 

77,909 43 

145,898 71 

363 50 

24.486 93 

7,238 27 

424 00 

11,370 38 

76.986 04 

5,455 14 

1,223 45 

4,445 10 

2,177 21 

200 00 

34 32 



14,859 76 



$2,553,879 18 

2,180,887 10 

420,630 00 

451,821 50 

14,172 89 

1,889 20 

237,989 29 

139,500 00 

101,878 40 

56,342 48 



79,445 23 
6,783 80 



858 44 

69,380 50 

6,796 10 

1,223 45 

15,209 86 

2,313 31 



11,322 88 

135,260 32 

3,692 03 

30,093 87 

1,115 45 

76,580 79 



Totals . 



$5,240,013 20 



$6,599,066 07 



COMPARISON OF RECEIPTS AND EXPENDITURES. 

Prom the foregoing exhibits it will be seen that the receipts of the two 
fiscal years exceed the disbursements to the extent of $811,466 23, as fol- 
lows: 

Receipts for the thirty-eighth fiscal year $5,455,300 73 

Receipts for the thirty-rimth fiscal year 7,195,244 77 

Total receipts for thirty-eighth and thirty-ninth fiscal years $12,650,545 60 

Expenditures for the thirty-eighth fiscal year $5,240,013 20 

Expenditures for the thirty -ninth fiscal year 6,599,066 07 

Total expenditures for thirty-eighth and thirty-ninth fiscal years $11,839,079 27 

Excess of receipts over expenditures for the two fiscal years $811,466 23 

FUNDS. 

Statements 5, 6, and 7, of the Appendix, show the condition of the various 
funds at the end of the thirty-eighth and thirty-ninth fiscal years. 
The following presents a review of the principal funds: 

GENERAL FUND. 

The law defining the General Fund provides that it shall consist of all 
moneys received into the State Treasury, and not specifically appropriated 
to other funds. The principal sum apportioned to it is derived from a tax 
on real and personal property. From this fund the ordinary expenses of 
the State Government, other than for school purposes, are met. 



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REPORT OF THE STATE CONTROLLER. 



13 



The suWoined statements show the receipts into and the disbursements 
from the General Fund for each of the two fiscal years: 



Reckipts for the Thirtt-eiohth Fiscal Year. 



From property tax 

From property tax on railroads 

From Btate loan to Calaveras County 

From licenses to incorporated banks 

From Insarance Commissioner 

From Surveyor-General 

From Register State Land Office 

From Clerk of Supreme Court 

From Superintendent of Public Instruction 

From Secretary of State— sales of ballot paper 

From Secretary of State— sales of Irrigation Development 
Reports 



From Secretary of State— sales of topographical maps . 

From Secretary of State— sales of old paper 

From Secretary of State— sales of Statutes 

From canceled warrants - 

From H. T. Hazard 

From George A. Johnson, Attorney- General 

From Charles H. Allen 

From Superintendent of State Printing 

Total 

Overdrawn at close of fiscal year 

Total 



Disbursements, 

Overdrawn at beginning of fiscal year 

Transferred to Bank Commissioners Fund. 

Transferred to State School Book Fund 

Warrants issued during the fiscal year 



Total. 



$2,274,360 30 

17,498 02 

2,826 28 

13,393 00 

14,432 67 

5.875 50 

3,462 00 

7,784 64 

1,849 55 

5,625 66 

371 60 
12 00 

11 10 
18 00 

880 76 
40 00 
15 00 

12 50 
81 18 



162,864 10 

3,792 80 

1.849 55 

2,486,101 19 



12,348.548 76 
206,061 88 



12,554,610 64 



12,554,610 64 



Receipts for the Thirty-nivth Fiscal Year. 



From property tax 

From property tax on railroads 

From state loan to Calaveras County 

Prom Insurance Commissioner - 

From Clerk of Supreme Court 

From Surveyor-General 

From Register of State Land Office 

From Trustees of Home for Feeble-Minded Children 

Trom George A. Johnson, Attorney-General 

From Superintendent of State Printing 

From R. H. Buckingham 

From canceled warrants 

From Secretary of State — sales of ballot paper 

From Secretary of State— sales of Irrigation Development 

Reports 

From Secretary of State— sales of topographical maps 

From Secretary of State— sales of ola carpets 



Totel. 



Disbursements. 

Transfer to Adult Blind Fund 

Warrants issued during fiscal year 

Overdrawn at beginning of fiscal year . 
Balance to credit of fund 



Total. 



$3,178,058 18 

22.936 76 

4,057 00 

31,101 78 

8,119 64 

26.393 50 

4,194 00 

3,911 48 

460 40 

156 06 

110 00 

551 18 

614 27 

107 25 
924 50 
326 90 



1103,500 00 

2,553,879 18 

206,061 88 

418,581 84 



113.282,022 90 



$3,282,022 90 



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14 REPORT OP THE STATE CONTROLLER. 

In my last prior report, referring to the fact that because of the General 
Fund being largely overdrawn, by reason of appropriations being made by 
the Legislature in excess of the amount providea for in the tax levies, I 
used the following language: 

The tinances of the State should under no circumstances be subjected to conditions 
unknown to correct business principles. What the State is obligated to pay should be paid 
promptly. Holders of Controller's warrants should not be expected to wait for tneir 
money. Warrants should be payable on presentation, and the money should be provided 
in the State Treasury so to pay them. And the Legislature in framing the tax-levy bill 
should include every cent covered by the appropriations made. The rule of appropriat- 
.ing right and left, and then, under pretense of economy, of levying less than the amount 
appropriated, cannot be too severely censured. It is not economy. For, no matter how 
little tne tax levy may be, the Controller is required to draw against apvropriationsy and if 
the appropriations be greater than the tax levy and collections, the General Fund will 
be overdrawn, as it has been at various times for years, and the holders of warrants 
must wait for the money justly their due, and which they have a right to expect on de- 
mand. A system which would not be tolerated in commercial or business circles for 
one hour, is certainly one not to be followed vear after year by the Government of this 
State. It should therefore be abolished, and abolished now. Creditors of the State, know- 
ing the lax way it does business, calculate in advance this promise-to-day-and-pay-to- 
morrow policy, and everything sold the State is sold, not for cash prices, but for prices far 
■in advance of what cash customers could buy them for, and thus the cost of running the 
Government is very largely augmented. It is the province of the Legislature elect to 
inaugurate the change that shall run the business affairs of this State on business prin- 
ciples. 

The Legislature, acting on these suggestions, embodied in the last tax 
levy the whole amount appropriated during the session; and the result is 
that at the close of the last fiscal year there remained, as already stated^ 
an unexpended balance of $418,581 84. But this amount is nominal rather 
than real, as there were at that time undrawn appropriations sufficient to 
exhaust that credit balance, most or nearly all of which will be drawn 
during the early part of the fortieth fiscal year. Still, the wise policy of 
the last liCgislature in providing in the tax levy sufficient money to meet 
all the appropriations made, bore fruit in the large cash balance already 
mentionea, thus taking the first efficient step looking to the adoption of a 
strict business policy in connection with State affairs, and one from which 
it is to be hoped no future Legislature will depart. Equally important, too, 
is another step in the same direction, to wit: that new appropriations — ^those 
to meet whicn money has not been paid into the Treasury — shall be made 
not to take effect until on and after the first of July of the following fiscal 
year. As the custom now is, special appropriations are made to take effect 
immediately; and the money used in meeting these special appropriations 
is taken from the purposes for which it was levied by the previous Legisla- 
ture; and this policy is one of the causes that create the overdrafts upon the 
General Fund, against which creditors of the State so justly complain, and 
which it should be the aim of the State to avoid. In illustration of the 
justice and wisdom of this policy, let me suppose: The last Legislature 
appropriated $2,814,000 from the General Fund, for the fortieth fiscal year, 
and provided in the tax-levy bill for collecting that amount of money, to 
cover the expenses of the State Government for that year. When the 
next Legislature shall meet, there will probably be $1,000,000 of this sum 
remaining unexpended, sufficient to meet the expenses of the State up to 
the thirtieth of next June, the close of the fiscal year, as intended by the 
Legislature which appropriated the money. But now suppose that the Leg- 
islature should appropriate $500,000 for special purposes, make the law take 
effect immediately, that warrants are drawn accordingly, and that this 
$500,000 is taken away from the purposes for which the money was appro- 



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REPORT OP THE STATE CONTROLLER. 



15 



priated and provided for bv the Legislature, there will be a deficiency 
created in the General Fund, because the money to pay these later appro- 
priations has not been yet levied, and will not oe collected until the Feb- 
ruary of the following year. The inevitable result is, that parties suppl3dng 
the various institutions of the State — the Insane and other asylums, the 
State Prisons, the Normal Schools, including the salaries of employes, 
etc. — whose claims the original Legislature intended should be paid dur- 
ing the fortieth fiscal year, ending June 30, 1888, would be compelled to 
wait for their money until the February of the following year. 

STATE SCHOOL FUND. 

% 

The revenue for the support of common schools arises from property tax, 
poll tax, interest upon unpaid principal due from sales of lands granted by 
the General Grovernment to the State for educational purposes, known as 
State school lands, from interest on bonds held in trust by the State for the 
support of common schools, and from the sale of Geological Survey reports. 
The money arising from all these sources is known as the State School 
Fund. It is apportioned to the several counties semi-annually, during the 
months of February and August, by the State Superintendent of Public 
Instruction, and is drawn upon Controller's warrants, issued on presenta- 
tion of the Superintendent's drafts, in favor of the several County Treas- 
urers. 

For detailed exhibits showing the amount received from and paid to the 
several counties, see Appendix, Statemente Nos. 8 and 9. 

Thibty-kiohth Fiscal Year. 



Receipts. 

Balance from thirty-seventh fiscal year 

Amounts apportioned in thirty-sixth and thirty-seventh 

fiscal years, bat undrawn 

Property tax 

Polftax 

Interest on 500,000-acre grant 

Interest on sixteenth and thirty-sixth sections grant 

Interest on bonds held in trust 

Taxes on railways 

Sales of Geological Survey Reports 



Total. 



IHsbursementt, 

Amount apportioned to County Treasurers , 

Amount apportioned in thirty-sixth and thirty-seventh fis- 
cal years, out paid in thirty-eiehth fiscal year 

BesUtution of interest, land soldf not property of State 

Balance subject to next semi-annual apportionment 

Total 



$1,373,598 68 

305,643 23 

1,005 12 

49,049 57 

153,614 23 

9,811 99 

15 05 



$2,027,789 40 

19,732 62 

429 60 

180,897 86 



1316,378 99 
19,732 62 



1,892,737 87 



$2,228,849 48 



$2,228.849 48 



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16 



REPORT OP THE STATE CONTROLLER. 



Thirty-ninth Fiscal Ykab. 



ReceipU. 

Balance from thirty -eighth fiscal year 

Amount apportioned in thirty-eighth fiscal year undrawn. 

Property tax 

Poll tax 

Interest on 500,000-acre grant 

Interest on sixteenth and thirty-sixth sections grant 

Interest on bonds held in trust 

Taxes on railways 



Total. 



Disbursements. 

Amount apportioned to County Treasurers 

Amount apportioned in thirty-eighth fiscal year, but paid in 

thirty-mnth fiscal year 

Restitution of interest, land sold not property of State 

Costs of annulment certificates of purchase 

Balance subject to next semi-annual apportionment 



Total . 



$1,679,913 65 

316;744 02 

1,325 95 

45,117 66 

154,629 60 

11.319 44 



12,168,686 08 

65,079 84 

711 33 

15 60 

220,535 27 



$180,897 86 
65,079 84 



2,209,050 32 



$2,455,028 02 



12,455.028 02 



The interest on the bonds, reported in the foregoing statements, is the 
yield from securities held in trust for the State School Fund by the State 
Treasurer, consisting of bonds of the State of California, amounting to 
$1,546,500, together with bonds of various counties of this State, aggregat- 
ing $1,312,400, the whole of which are described as follows, to wit: 



Class or Bonds. 



Amount. 



Total. 



For benefit of State School Fund. 
State- 
State Funded Debt Bonds of 1873, 6 per cent . 

County- 
Sacramento, 4J per cent 

Sacramento, 6 per cent 

Sacramento. 8 per cent 

Humboldt, 9 per cent 

•Fulare, 10 per cent 

Santa Clara, 4 per cent 

Fresno, 6 per cent 

Marin, 5 per cent 

Inyo, 7 per cent 

Stanislaus, 8 per cent 

Yolo, 5 percent 

Tehama, 5 per cent 

Napa, 5 per cent 

San Luis Obispo, 5 per cent 

San Luis Obispo, 8 per cent 

Merced, 5 per cent 

Santa Barbara, 5 per cent 

Mendocino, 4 percent 

Tehama, 5 per cent 

Los Angeles, 4^ percent 

Lake,5 per cent 

Sacramento, 4 percent 

San Diego, 5 per cent 



Total. 



$1,546,500 00 



$100,000 00 
32,100 00 

145,000 00 

25,000 00 

6,000 00 

100,000 00 
51,000 00 
78,000 00 
^,000 00 
1,000 00 
60,000 00 
61,000 00 
53,000 00 
16,0*) 00 
40,000 00 
16,000 00 
18,000 00 
68,000 00 
11,500 00 

165,000 00 
47,800 00 
84,000 00 

100,000 00 



$1,546,500 00 



1,312,400 00 



12,858,900 00 



Since the issuance of my last biennial report. State bonds held in trust 
for the support of common schools have been redeemed or exchanged to 



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REPORT OF THE STATE CONTROLLER. 17 

the amount of $115,000, also county bonds amounting to $62,400, aggregat- 
ing $177,400. Meantime, State and county bonds have been purchased or 
exchanged by the State Board of Examiners, amounting to $486,800, mak- 
ing an increase of bonds held in trust for the support of common schools 
amounting to $309,400. 

This fond, as already stated, is fed by interest on bonds held in trust; 
by poll taxes; by interest on sales from the 500,000-acre land grant; by 
interest on sales from the sixteenth and thirty-sixth sections land grant; 
by sales of geological survey reports; and by a percentage on State and 
railway taxes, fixed from year to year by the State Board of Equalization — 
though the great bulk oi it comes from the percentage on State taxes. 
Hence, if these be largely delin<juent, the School Fund is correspondingly 
diminished. And to this cause is mainly due the lessened apportionments 
to the various counties by the Superintendent of Public Instruction. 

The appropriation for the support of common schools, made by the last 
Legislature, exceeded that made by either of the last two prior Legisla- 
tures by $800,000. For the thirty-ninth fiscal year, ending June 30, 1888, 
the amount appropriated was $1,600,000, and for the fortieth fiscal year, 
ending June 30, 1889, the amount appropriated is $1,800,000, as against 
$1,300,000 for each of the two former fiscal years. 

INTEREST AND SINKING FUND. 

This fund is intended to meet the principal and interest due on the bonds 
issued by the State. During the past two years the State Capitol Bonds 
of 1872, to the amount of $250,000, were redeemed. The last Legislature 
directed a levy which would bring to this fund $200,000 per year for the 
thirty-ninth and fortieth fiscal vears. The only bonds remaining unpaid 
at the present time are the Funded Debt Bonds of i873. They amount to 
♦2,698,000, and fall due July 1, 1893. The following is a statement of the 

Kbcbipts. 

Balance from thirty-seventh fiscal year |139,329 53 

Receipts during thirty-eighth fiscal year 418,582 66 

Receipts during thirty-ninth fiscal year 195,913 30 

Total 1753.826 49 

DlSBUBSEMENTB. 

Warrants issued during thirty-eighth fiscal year - $89,690 00 

Wanrantsissned during thirty-ninth fiscal year 420,630 00 

Balance 243,505 49 

Total $753.825 49 

The actual amount necessary to be raised to meet the interest on the 
outfitandinK State bonds for the forty-first and forty-second fiscal years is 
1316,560 ; but, to be in condition to redeem outstanding bonds in the hands 
of private parties, it would be wise for the Legislature to provide for raising 
for this fond about $200,000 for each fiscal year. 

STATE SCHOOL LAND FUND. 

ReceipU^Thiriy-eighth Fiscal Tear. 

Balance from thirty-seventh fiscal year $94,580 31 

Becelpts daring the thirty-eighth fiscal year 177i722 81 

Total $272,303 12 



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18 



REPORT OF THE STATE CONTROLLER. 



Disbursements. 

.Warrants issned during the thirty-eighth fiscal year .w |96,d50 59 

Balance 176,352 53 

Total 1272^ 12 

Receipts— ThiHy-ninih Fiscal Tear, 

Balance from thirty-eighth fiscal year $176,352 53 

Receipts during the thirty-ninth fiscal year 392,235 62 

Total ^7,588 15 

Disbursements. 

Warrants issued during the thirty-ninth fiscal year |451,821 50 

BaUnce 115,766 65 

Total 1567,588 15 

UNIVERSITY FUND. 



The amount of bonds on deposit in the State Treasury at the end of the 
thirty-ninth fiscal year, under the Act approved March 19, 1878, creating 
the Consolidated Perpetual Endowment Fund of the University of Califor- 
nia, was $1,120,000. The bonds are described as follows: 



state- 



state Funded Debt Bonds of 1873, 6 ^t cent . 



County— 

Tenama, 5 per cent 

San Francisco Park Improvement of 1873, 6 per cent 

San Francisco Park and Avenue Improvement Bonds 

of 1874 

San Francisco School, 6 per cent 

San Francisco Montgoipery Avenue, 6 per cent 

Merced, 6 per cent 

Plumas, 6 per cent 

Marin, 7 percent 

Kern, 7 per cent 

Santa Clara, 7 percent 

Fresno, 7per cent 



Town- 
Town of Alameda, 6 per cent. 

Total 



$817,500 00 



137,000 00 
50,000 00 

1,000 00 
30,000 00 
22,000 00 
63,000 00 

9,000 00 
50,000 00 
15,000 00 

3,000 00 
12,500 00 



110,000 00 



1817,500 00 



292,500 00 



10,000 00 



$1,120,000 OO 



Since my last report. State bonds held in trust for the University Fund 
have been redeemed to the amount of $135,000, and County bonds to the 
amount of $68,500; also, San Francisco County Dupont Street Bonds of 
the amount of $40,000, have, upon order, been turned over to the Board of 
Regents of the University, the whole aggregating a decrease of $243,500 
in the amount of securities held by the State Treasurer for the benefit of 
the University Fund. 

Note.— Under an Act of the Legislature, approved March 7, 1883, the control of this 
fund is practically taken out of the hands of the Controller, as, under that law, the State 
Treasurer may pay out the money belonging to that fund without the agency of a Con- 
troller's warrant. This renders it impossible for the Controller to have official knowled^ 
and supervision of that branch of the State's finances. The wisdom of this legislation is 
open to grave question. 



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REPORT OF THE STATE CONTROLLER. 



19 



THE STATE UNIVERSITY FUND. 

This fund was created by an Act of the Legislature, approved February 
14, 1887. Heretofore considerable sums were appropriated by the Legisla- 
ture for the needs of different departments of the University; but the last 
Legislature determined to change that policy by providing a tax of 1 per 
cent upon all the taxable propeHy of the State, and to place the money 
arising therefrom into this fund, and to be under the control of the Regents 
of the University, to be by them used for the support and permanent 
improvement of that institution. The amount that had been collected 
under this Act, at the close of the thirty-ninth fiscal year, was $81,685 52; 
and the amount likely to be collected for the fortieth fiscal year will approx- 
imate $98,000. 

My understanding of what was intended by this Act is, that it was to 
dispense with the necessity of the usual appropriations by the Legislature 
for University purposes. 

STATE DEBT. 



At the beginning of the thirty-eighth fiscal year, the State debt amounted 
to $2,953,500. Since that time, State Capitol Bonds of 1872, amounting 
to $250,000, have been redeemed, leaving the State debt now $2,703,500, 
classified as follows: 



Sbsxks. 


Amount. 


Rate 
of Interest. 


State Funded Debt Bonds of 1857 


$6,000 00 

600 00 

2.688,000 00 


) Interest 
ceased. 


8tate Funded Debt Bonds of 1860 


State Funded Debt Bonds of 1873 


6 per cent 




Total 


12,703,500 00 









The funded debt is as follows: 



Bonds in priyate hands 

Bonds held in trust for the State School Fund 
Bonds held in trust for the Uniyersity Fund. . 

Total 



$339,600 00 

1,546,500 00 

817,600 00 



$2,703,500 00 



The interest-bearing debt consists of : 



Bonds held in priyate hands 

BoDds held in trust for the State School Fund 
Bonds held in trust for the Uniyersity Fund . 

Total 



$334,000 00 

1,546,500 00 

817,500 00 



$2,608,000 00 



The bonds held in private hands, bearing interest at this date, are: 


SsKias. 


Amoant. 


Rate 
of Interest. 


State Funded Debt Bonds of 1878 


$334,000 00 


6 per cent. 



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20 REPORT OF THE STATE CONTROLLER. 

The Funded Debt Bonds of 1857 were issued under the Act of April 28, 
1857. The amount of bonds issued was $3,900,000, all of which, except 
bonds amounting to $5,000, have been redeemed or refunded, and upon 
these interest has ceased. 

The bonds of 1860, amounting to $198,500, were issued under the Act of 
April 30, 1860. These bonds have all been redeemed or refunded, except^ 
ing bonds amounting to $500. These latter were called in July 31, 1875, 
but have not yet been surrendered, although interest ceased from date of 
notice. 

The State Capitol Bonds of 1872 were issued under the Act of March 
28, 1872, and amount to $250,000. These bonds fell due July 1, 1887, and 

Of the $2,703,500 outstanding bonds of the State, $2,364,000 are held by 
the State for the benefit of the School and University Funds, leaving but 
$339,500 in private hands. Of this amount, $5,500 have been called in, 
there being money in the Treasury to pay them. 

The State Funded Debt Bonds of 1873, falling due July 1, 1893, amount 
to $2,698,000. Of this amount the sum of $60,(XX) has been called in, and 
interest on them has ceased, thus virtually leaving but $2,638,000 outstand- 
ing. 

As will be seen, therefore, the whole amount of outstanding bonds will 
,fall due in 1893. They must of course be refunded or paid. The money 
has not been provided for their payment. Hence it will be the duty of the 
Legislature to provide for this emergency, and prompt action will be nec- 
essary. 

STATE DRAINAGE CONSTRUCTION FUND, AND CONSTRUCTION FUIIP OF 
DRAINAGE DISTRICT No. 1. 

These funds were created by the authority of an Act entitled an Act to 
promote drainage, approved April 23, 1880. 

It was provided tnat for the State Fund a tax at the rate of five cents 
upon each $100 valuation should be levied upon all of the taxable property 
in the State. 

For the District Fund, the same rate of tax, upon all the property in the 
district, with alpo a tax upon all mines washing earth or ores with water 
running into the district oi one half of one cent upon each miner's inch of 
water of each twenty-four hours' run, used during the vear. 

The Legislature, tiirough an Act approved March 10, 1885, appropriated 
the sum of $190,000 to pay outstanding claims against the above funds. 
All of this sum, except $10,000, was for the payment of claims that had 
been ** heretofore audited and allowed by the State Board of Drainage 
Directors." The balance — this $10,000 — was for the payment of claims 
that had not been audited by the State Board of Drainage Directors. The 
Act required that these claims should be presented to the State Board of 
Examiners, whose dutjr it was to ** audit and allow said claims, either in 
whole or in part, or reject the whole, as they may deem just and proper, 
and certify tne amount so allowed to the State Controller, who shall draw 
his warrant for the said amounts upon the State Treasurer." 

In accordance with the views expressed in the last report from this 
office, believine the Act unconstitutional, I declined to draw the warrants 
therein orderea issued, whereupon, under writ of mandate, the Supreme 
Court directed me to draw them, which I accordingly did for such as had 
been "heretofore audited and allowed," to the extent of $167,009 18 
against the appropriation for audited claims, and $11,322 88 against the 



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REPORT OP THE STATE CONTROLLER. 21 

Construction Fund of Drainage District No. 1. The State Board of Exam- 
iners also allowed claims aggregating $9,500 50 against the appropriation 
for audited claims; but I refused to issue warrants therefor, for the reason 
that said claims had not been approved by the Board of Drainage Direct- 
ors. The unaudited claims, aggregating $39,292 42, to pay which but 
110,000 was appropriated, are in the hands of the State Board of Ex- 
aminers. The Supreme Court of the State declared the original Act 
unconstitutional; yet the Legislature, moved by the equities of the case, 
appropriated money for the payment of most of these claims, and they have 
been paid; but in my judgment the unpaid claims are equally as full of 
equities as the paid ones, and I therefore recommend that appropriations 
be made by the Legislature for the pa3rment of all these unpaid demands. 

TRANSPORTATION OF CONVICTS AND INSANE. 

I desire to repeat and emphasize the recommendations made in the last 
report from this office upon this subject, as follows: 

The cost to the State for conveying convicts to the State prisons, and insane patients to 
the asylums, forms no inconsiderable item in the annual expenses of the State: and under 
the present laws, will require an appropriation of about $115,000 for the ensuing two fiscal 
years. 

This cost seems unreasonably laree. If so, it should be lessened. It is, therefore, a sub- 
ject demanding action at the hands of the Legislature. This class of claims presents a 
greater difference in cost to the State than any others reaching this office. Instances 
mi^ht be cited of SherifTs who, in nearly every case, charge for an assistant in conveying 
an msane person to an asylum; others make it next to an invariable rule to convey' but 
one convict at a time to prison ; whilst not a few from certain localities, some of them from 
remote counties, and wherein staging is necessary, convey several prisoners at a time, and 
never charge for an assistant in conveying the one or more. 

I am decidedly of the opinion that if the cost of conveying prisoners and the insane 
were borne by the respective counties, the expense would be very materially lessened. And 
it does seem that this expense is fully as proper a charge against the counties as is that 
attending their trials and convictions. 

RAILROAD TAXES. 

For eight years there has been, and now is, a heavy deficiency in the 
receipts to the General Fund, School Fund, and Interest and Sinking Fund, 
owing to the refusal of the Central and Southern Pacific and other railroad 
companies to pay the taxes levied upon them by the law. " 

The assessed value of all the taxable property in the State for 1880 was 
$666,202,674, of which the assessment against all railroads amounted to 
$31,174,120, being 4.68 per cent of the whole assessment. 

In 1881, after equalization by the State Board, the assessment was 
$658,691,059; and the assessment of railroads was $34,829,668, being 5.29 
per cent of the whole amount. 

^ For 1882 the assessed value of the whole property was fixed at $607,472,- 
762, whilst th0 assessment upon railroads was $27,602,313, being 4.54 per 
cent of the whole. 

In 1883 the entire assessment of property amounted to $764,763,559, 
whilst the value put upon railroads operated in more than one county 
aggregated $40,017,000, which is 5.23 per cent of the whole. 

For 1884 the total assessment of proprt^ amounted to $821,604,703; 
assessment of railroads, $50,746,500, which is 6.1 per cent of the whole. 

For 1885 the total assessment of property was $859,779,423, whilst the 
total for railroads was $49,035,750, which is 5.7 per cent of the whole. 

For 1886 the total assessment of property was $817,445,729; assessment 
of railroads, $48,051,100, which is 5.8 ]jer cent of the whole. 



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22 



REPORT OP THE STATE CONTROI.LER. 



For 1887 the total assessment of property was $956,740,805; railroads, 
$47,673,453, which is 4.9 per cent of the whole. 
Recapitulating, these assessments for the several years are as follows: 



Tbaks. 



Total 
AaseMiuentB. 



Railroad 
AiaessinentB. 



For 1880 
For 1881 
For 1882 
For 1883 
For 1884 
For 1885 
For 1886 
For 1887 



1666.202,674 
658,691,050 
607,472,762 
764,763,650 
821,604.703 
859,779,423 
817,445,729 
956,740,805 



131,174,141 
34,829.668 
27,602,313 
40,017,000 
50,746,500 
49,035,767 
48,051,100 
47,673,453 



The total valuation upon the Central Pacific, the Southern Pacific, and 
branches, the State rate, and the State tax for 1880, 1881, 1882, 1883, 1884, 
1885, 1886, and 1887, are presented here: 



Tbars. 



Valuation. 



Rate on 
each SIOO. 



Total Tax. 



For 1880 
For 1881 
For 1882 
For 1883 
For 1884 
For 1885 
For 1886 
For 1887 



$28,338,265 66 
32.429,519 00 
25,476,751 00 
36,644,000 00 
47,481,000 00 
45,417,250 00 
43,752,000 00 
43,549,099 00 



64 cents. 

65.5 cents. 

69.6 cents. 

49.7 cents. 
45.2 cents. 
54.4 cents. 
56 cents. 

60.8 cents. 



$181,364 90 
212,413 34 
151,871 53 
182,120 07 
214,616 38 
247,069 84 
245,011 20 
264,778 52 



The following tables show the valuation of each railroad in the State, as 
fixed by the State Board of Equalization, for the years 1880, 1881, 1882, 
1883, 1884, 1885, 1886, and 1887: 



1880. 



NaMIS or BAILROADfi. 



Total 
Aaseosment. 



Amador Branch 

California Northern 

California Pacific 

Central Pacific 

Northern Railway 

Sacramento and Placerville 

San Francisco and North Pacific 

San Pablo and Tulare 

Southern Pacific 

Stockton and Copperopolis 

Vaca Valley and Clear Lake 

Nevada Countv Narrow Gauge .. 

North Pacific Coast 

Santa Cruz 

South Pacific Coast 

Total 



$283,500 00 
197,003 00 

1,801,300 00 
12,239,466 00 

1,492,768 00 
539,098 50 

1,274,300 00 
492,800 00 
10,483,518 00 
597,632 00 
249,725 00 
226,230 00 
633,617 25 
158,478 16 
504.826 30 



$31,174,141 21 



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REPORT OP THE STATE CONTROLLER. 
1881. 



23 



Namu or Bail&oam. 



Total 
AaseaBmont. 



Amador Branch 

Califomia Northern 

California Pacific 

Central Pacific 

Northern Railway 

Sacramento and Placeryille 

San Francisco and North Pacific 

San Pablo and Tulare 

Southern Pacific , 

Stockton and Copperopolis 

Vaca Valley and Clear Lake 

Nevada County Narrow Gauge -. 

Korth Pacific Coast 

Santa Cruz 

South Pacific Coast 

Total 



$275,400 00 

159,053 00 

1,856,250 00 

15.055,500 00 

1,543,050.00 

485,048 00 

1,302,000 00 

552,000 00 

11,739,915 00 

580,190 00 

246,925 00 

202.500 00 

419,451 00 

95,241 00 

317,145 00 



$34,829,668 00 



1882. 



Namh or Bailboam. 



Amador Branch 

Califomia NorUiem 

Califomia Pacific 

Central Pacific 

Northern Railway 

Sacramento and Placeryille 

San Francisco and North Pacific 

San Pablo and Tulare 

Southern Pacific 

Stockton and Copperopolis 

Vaca Valley and Clear Lake 

Nevada County Narrow Gauge.. 

North Pacific Coast 

Santa Cruz , 

Sooth Pacific Coast 

Total 



$162,027 00 
119,276 00 

1,462.500 00 
13,010,520 00 

1,143,000 00 
291,048 00 

1,110,000 00 
460,000 00 

8,226,135 00 
379,355 00 
246,925 00 
168,750 00 
419,451 00 
95,241 00 
308,085 00 



$27,602,313 00 



1883. 



Naious or Railboads. 



Total 
Aasennent. 



Amador Branch 

Califomia Northern 

California Pacific 

Centra IPacific 

Northern Railway 

Sacramento and Placeryille 

San Francisco and North Pacific 

San Pablo and Tulare 

Southern Pacific 

Stockton and Copperopolis 

Vaca Valley and Clear Lake 

Nevada County Narrow Gauge.. 

North Pacific Coast 

Santa Cruz 

South Pacific Coast 

San Joa9uin and Sierra Nevada. 

Califomia Southern 

Pacific Coast RaOway 

Total 



$164,000 00 

118,000 00 

1,800,000 00 

18,000,000 00 

2,000,000 00 

290,000 00 

1,115,000 00 

700,000 00 

13,000,000 00. 

400,000 00 

190,000 00 

150,000 00 

425,000 00 

100,000 00 

500,000 00 

125,000 00 

600,000 00 

340,000 00 



$40,017,000 00 



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24 



REPORT OP THE STATE CONTROLLER. 

1884. 



NAMEg or Bailboads. 



ToUI 
AsMasment 



Amador Branch 

California Pacific 

California Southern 

Central Pacific 

Northern California 

Northern Railway 

Banta Cruz 

Sacramento and Placerville 

San Francisco and North Pacific. 

San Pablo and Tulare 

Southern Pacific 

Stockton and Copjperopolis 

Vaca Valley and Clear Lake 

Carson and Colorado 

Nevada County Narrow Gauge -.- 

South Pacific Coast 

North Pacific Coast 

Pacific Coast Railway 

San Joaquin and Sierra Nevada. . 



Total 



$175,500 00 

2,000,000 00 

150,000 00 

24,000,000 00 

95,000 00 

2,300,000 00 

150,000 00 

291,000 00 

1,300,000 00 

950,000 00 

17,000,000 00 

425,000 00 

190,000 00 

215,000 00 

115.000 00 

500,000 00 

425,000 00 

340,000 00 

125,000 00 



$50,746,500 00 



1885. 



Nambs of Bailroam. 



Total 



Amador Branch 

California Pacific 

California Southern 

Central Pacific 

Northern California 

Northern Railway 

Pajaro and Santa Cruz 

Sacramento and Placerville 

San Francisco and North Pacific. 

San Pablo and Tulare 

Stockton and Copperopolis 

Southern Pacific 

Vaca Valley and Clear Lake 

Carson and Colorado 

Nevada and California 

Nevada County Narrow Gauge. .- 

North Pacific Coast 

Pacific Coast Railway 

San Joaquin and Sierra Nevada. . 
South Pacific Coast 



$162,000 00 

2,000,000 00 

450,000 00 

22,000,000 00 

100,000 00 

2^,000 00 

150,000 00 

315,250 00 

1,300,000 00 

900,000 00 

400,000 00 

17,000,000 00 

190,000 00 

215,000 00 

13,500 00 

115,000 00 

390,000 00 

340,000 00 

145,000 00 

550,000 00 



Total . 



$49,035,750 00 



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REPORT OF THE STATE CONTROLLER. 
1886. 



25 



NaMIS or BAILE0AD6. 



Total 



Amador Branch Railroad 

California Pacific Railroad 

California Southern Railroad 

Central Pacific Railroad 

Northern California Railroad 

Northern Railway 

Pajaro and Santa Cruz Railroad 

Sacramento and Placeirilie Railroad 

Ban Francisco and North Pacific Railroad 

San Pablo and Tulare Railroad 

Stockton and Copperopolis Railroad.. .. . 

Soathem Pacific Railroad 

Vaca Valley and Clear Lake Railroad 

Canon and Colorado Railroad 

NeTada and California Railroad 

Neyada Conntv Narrow Gaui^e Railroad.. 

North Pacific Coast Railroad 

Pacific Coast Railway 

San Joaquin and Sierra Nevada Railroad . 

South Pacific Coast Railroad 

Atlantic and Pacific Railroad 

Pullman Palace Car Company 

Total 



$162,000 00 

2,000.000 00 

1,264,800 00 

20,000,000 00 

100,000 00 

2,700,000 00 

150,000 00 

300,000 00 

1,200,000 00 

900.000 00 

350,000 00 

17,000,000 00 

190,000 00 

215,000 00 

13,500 00 

115,000 00 

350.000 00 

300,000 00 

160.800 00 

500,000 00 

50,000 00 

30,000 00 



$48,051,100 00 



1887. 



Namis or Railboaim. 



Total 
Aneonnent. 



Amador Branch Railroad 

California Pacific Railroad 

California Southern Railroad 

Central Pacific Railroad 

Northern California Railroad 

Northern Railway 

Pajaro and Santa Cruz Railroad 

Sacramento and Placerville Railroad 

San Francisco and North Pacific Railroad 

San Pablo and Tulare Railroad 

Sonthem Pacific Railroad 

Southern Pacific Branch Railroad 

Stockton and Copperopolis Railroad 

Vaca Valley and Clear Lake Railroad 

Carson ancf Colorado Railroad 

Nevada and California Railroad 

Nevada County Narrow Gauge Railroad . . 

North Pacific Coast Railroad 

Pacific Coast Railway 

San Joaquin and Sierra Nevada Railroad . 

South Pacific Coast Railroad 

Atlantic and Pacific Railroad 

Southern Pacific Company 

Pullman Palace Car Company 

Total 



$162,000 00 

2,500,000 00 

1,400,000 00 

18,000,000 00 

110,000 00 

3,000,000 00 

160,000 00 

300,000 00 

1,400,000 00 

900.000 00 

16,500,000 00 

850,000 00 

350,000 00 

200,000 00 

230,000 00 

13.500 00 

115,000 00 

350,000 00 

340,000 00 

160,000 00 

750,000 00 

100,000 00 

227.099 00 

69,854 00 



$47,677,453 00 



For all these years, the Central and Southern Pacific Railroad Com- 
panies, and certain branches controlled by them, have refused, and still 
refuse, to pay the taxes levied upon them by law, and the very large 
amounts thus not collected have caused serious disarrangement to the 
finances of the State, and the several counties through which they run. 
The total amount due from these companies representing the face of the 
tax from 1883 to 1887, inclusive, aggregates $2,547,700 61. 
3' 



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26 REPORT OP THE STATE CONTROLLER. 

This statement omits the amount due for 1880, 1881, and 1882, 'as this 
office has not the data for ascertaining the exact unpaid amounts. 

Actions were brought to recover the delinquent taxes for all these years, 
except for 1887. But for this latter year, after advising with the Attomey- 
Greneral, none were begun. The history of these railroad tax suits is one 
presenting deceit, misrepresentation, and false and fraudulent records upon 
the part of the Central and Southern Pacific Companies. In the cases of 
1884 against these companies, the United States Circuit Court findings 
show that the State Board of Equalization assessed to the railroads the 
fences along the lines of the roads, and also the distance across the bay 
of San Francisco, a distance of four miles, as four miles of the railroads. 
No testimony was introduced on the trial to prove any such assessments. 
The State Board of Equalization did not assess either the fences or the dis- 
tance across the bay of San Francisco; and yet, in the face of this fact, 
the then Attorney-General permitted this record to be made a part of the 
findings of the Court. It is a significant fact, in this connection, that the 
decision rendered against the State by the Supreme Court of the United 
States in a similar railroad tax case, was based upon the fact that the find- 
ings showed that the (former) State Board of Equalization had assessed 
the fences along the lines of the roads — ^thus putting these cases in the 
identical condition of those already decided against the State by the Su- 
preme Court of the United States, and rendering it worse than useless to 
appeal them. 

In a letter addressed to the Attorney-General, on the eighteenth day of 
June, 1886, I called his especial attention to the false condition of the 
record. This false and fraudulent record was, by him, allowed to remain 
as part of the record, without any attempt on his part, so far as I am 
aware, to correct it, even after his attention had been called to it by myself 
in a public communication. This false record was presented to the United 
States Supreme Court as a true statement of facts in the case. Of course, 
in view ot the Supreme Court's previous decision, there could be but one 
result to an issue so presented, and the State lost her cases. 

In my last report I predicted this result, in the following language: 

The false findings in the United States Circuit Court must be corrected, or the State wiU 
lose every cent of the taxes shown to be due. This office is powerless to accomplish it. 
The attorney employed by this office, Hon. D. M. Delma8,is powerless to accomplish it, as 
the United States Circuit Court recognizes only the Attorney-General as clothed with the 
right to control the cases. Can it be that a ^eat State vested with all the attributes of 
innerent power and sovereignty can be thus pillaged of her rights without the possibility 
of undoing the outrage? 

It is strange that the great State of California has been debarred by 
these companies from presenting to the Supreme Court of the United 
States for adjudication a correct and truthful record of her railroad assess- 
ments. 

The present head of the law department of these railroad companies has 
time after time given out publicly the statement that he was only too anx- 
ious to submit these cases on their merite to the Court of last resort; and, 
yet, the department over which he presides has resorted to the use of false 
and fraudulent records, to mislead the Court and prevent the cases from 
being heard on their merits. 

The effect of this successful legal chicanery makes itself felt severely in 
the finances of the State and me several interested counties, the total 
amount due for all the named years being the large sum of $2,547,700 61. 
Of this amount, there is due to the State the sum of $946,765 81, of which 
$556,615 44 is due to the General Fund; $316,199 59 to the School Fund; 



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REPORT OF THE STATE CONTROLLER. 27 

169,778 80 to the Interest -and Sinking Fund, and $4,171 98 to the State 
tjaiversity Fund. 

Now let us consider the condition of these funds under their depleted 
situation growing out of the refusal of these railroad companies to pay the 
tribute justly due from them to the State. As shown by the foregoing 
statement, they owe to the General Fund the sum of $566,615 44. Had 
this tax been paid as all other parties in the State are compelled to pay, all 
demands against this fund would be payable at sight, and creditors of the 
State, who are now compelled to wait for months for their money, would . 
receive it on presentation of their Controller's warrants. 

As to the School Fund, there has for some time been loud complaint 
over the fact that the money paid by the State to the counties to aid m the 
support of public schools is inadequate. Teachers are compelled to sub- 
mit to reductions of salaries and to wait for months for what is paid them, 
and various other matters appertaining to the successful running of the 
public schools have been more or less interfered with. The large amount 
due this fund from these railroad companies accounts considerably to the 
people for this deplorable condition of their educational affairs. So, too, 
the amount due from these same sources to the Interest and Sinking Fund 
prevents the payment of State bonds now payable. In like manner, the 
State University Fund will suffer if these companies persist in their pres- 
ent unjustifiable methods. Likewise, the same censurable policy practiced 
against the State has been enacted against the several counties traversed 
by these roads. Notably is this true as to Placer, Tehama, Shasta, Nevada, 
San Joaquin, Stanislaus, Merced, Fresno, Tulare, Sacramento, Kern, Los 
Angeles, San Bernardino, San Diego, Alameda, Santa Clara, and other 
counties. Hence, the funds of each of these counties have suffered, as 
have the State funds, from the same cause. And the taxpayers of these 
counties have thus been compelled to pay, first, their own taxes, and 
second, the taxes levied upon the railroads, but which they refused to pay. 

I recommend that the Legislature pass an Act requiring the State Board 
of Equalization to reassess railroads delinquent for taxes for the years since 
1880, and that the County Auditors and 'Treasurers be required, on the 
settlement with said railroad companies, under this reassessment, to credit 
them with any partial payments already made for those years. 

I earnestly and urgently recommend that the law for the taxation of 
nulroads be so amended as that the same penalty for delinquency of other 
property shall attach to delinquent railroads, and that that class of prop- 
erty be sold for delinquent taxes as all other classes of property are sold, 
and ihat like penalties of redemption be provided. The heavy hand of the 
law is laid upon the house and home of the farmer, and the owner of city 
and town homesteads, for delinquency, and the property is sold at tax sale; 
and is there any good reason whv railroad property should be exempted 
from the severe penalties imposed upon other classes of property for delin- 

Juency ? Is it ot loftier or holier character than the homes and firesides of 
imilies? Let the certainty be established that legal clouds will fall upon 
the title to this class of property through sale on account of delinquency, 
and that redemption profits such as accrue to purchasers of other kinds of 
property will ensue, and railroad delinquency and obstinacy will end 
together. 

I also cheerfullv recommend appropriations suflBcient to properlv com- 
pensate Hon. A. L. Rhodes and Hon. D. L. Delmas for their valuable ser- 
vices in prosecuting these railroad tax cases in the Courts. 



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28 REPOM? OF THE STATE CONTROLLER. 

THE TWO PER CENT INTEREST DUE ON DELINQUENT STATE TAXES. 

On December 23, 1884, an action was brought by the State to require the 
proper oflScers of the City and County of San Francisco to certify and pay 
into the State Treasury the amount of two per cent per month interest, by 
them collected on delinquent State taxes, covering a number of years, and 
involving $44,700 26. The San Francisco Gaslight Company, by leave of 
the Superior Court, wherein the action was pending, filed a complaint in 
intervention, claiming that 139,515 27 of the sum sued for was due to it 
for gas furnished the City and County of San Francisco. 

The extraordinary plea was also made that the State was debarred from 
collecting this $39,515 27, because it had been received prior to the last 
settlement made by the County Treasurer with the State Controller's office, 
and that the discharge received on that settlement from the Controller was 
a discharge in full for all moneys received by the County Treasurer up to 
the date of that settlement, although none of this two per cent money had 
been reported to the Controller as collected. This novel plea was success- 
ful, and the Gas Company secured this amount of the State's money, thus 
making the State pay a demand in nowise chargeable to it, but which, if 
due from anybody, was due from the City and County of San Francisco. 
Though importuned by me to appeal this case to the Supreme Court, the 
then Attorney-General at first refused to do so, but after being by me im- 
portuned on several occasions, he finally consented to allow the employ- 
ment of an attorney to prosecute the appeal ; but when he finally gave his 
consent, it was too late, as no stay of proceedings had been secured, and 
the Gas Company had received the money. The Supreme Court, on final 
adjudication of the question, affirmed the position taken by the State, but, 
owing to the lack of proper attention to the preliminaries of the case men- 
tioned above, the State was debarred from recovering the $39,515 27 paid 
to. the Gaslight Company. The State, however, recovered judgment for 
the balance of the amount, viz.: $5,184 99. 

TAKING THE CENSUS OF SCHOOL CHILDREN. 

The glaring errors and discrepancies in the reports of Census Marshals 
in taking the enumerations of school children, culminating in public scan- 
dal in at least one of the counties, indicating that frauds are committed 
for the purpose of increasing the number of census children, to secure a 
corresponding increase of money to their respective school funds, calls for 
a radical change in the system. In the County of San Francisco for the 
year 1887, seventy-eight thousand two hundred and forty-six census chil- 
dren were reported, and for the year 1888, fifty-nine thousand seven hundred 
and thirteen, showing a decrease of eighteen thousand five hundred and 
thirty-three. This certainly was not a legitimate falling off in the number 
of children in that county, and most unmistakably demonstrates fraud. 

It is evident that the law should be amended; and it would seem that 
an effectual check could be put upon this wrong-doing by placing the 
appointment of Census Marshals in the hands of the State SupJerintendent 
of rublic Instruction. 

STATE LIBRARY. 

The Trustees of the State Library are not required to present itemized 
bills for expenditures before warrants are issued, as other Boards are, and 
their demands are likewise not required to pass the State Board 6f Exami- 
ners, before reaching the office of the Controller. This system calls for a 



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REPORT OP THE STATE CONTROLLER. 29 

change, whereby demands for the support of the library shall be presented 
in itemized form. 

STATE LIBRARY FUND. 

The money that constitutes the State Library Fund arises from the 
fees of the office of Secretary of State, and from sales of statutes. The fees 
during the last fiscal year have averaged about $1,8.00 per month. The 
amount to the credit of the fund on July 1, 1887, was $17,426 06, whilst 
on July 1, 1 888, it reached the sum of $27,831 46, an increase of $10,405 40, 
after aeducting all the drafts made upon it for the support of the library. 
This heavy surplus is unnecessary, and is calculated to invite expenditure. 
Hence, it would seem that the law should be amended so as to provide 
that but a portion of these fees should go to the Library Fund, and the 
balance into some other channel. 

STATE engineer's DEPARTMENT. 

This department was first organized in May, 1878. The amount of 
money expended through its management, from that time until the end of 
the thirty-ninth fiscal year, ending June 30,- 1888, is $259,023 70. Of this 
sum the State Engineer has received as salary the sum of $58,500. Dur- 
ing the month of June, 1887, the State Engineer approved as correct claims 
for lithographing, making maps, etc., although it afterwards transpired 
that much of the service upon these claims had not been performed at the 
date of their approval. This office was thereby deceived into drawing the 
warrants for the pa3rment of this unperformed labor, and I believe the 
deception thus practiced was intentional, as the Engineer knew perfectly 
well that if I was made aware of the facts the warrants would not be drawn. 

In view of this condition of affairs, and in view also of the very large 
amount of money expended in that department, I earnestly recommend 
that the Legislature snail institute a thorough investigation into the meth- 
ods of expenditure practiced by the State Engineer, from the beginning to 
the present time. 

AGED PERSONS IN INDIGENT CIRCUMSTANCES. 

On March 15, 1883, an Act was approved appropriating $100 by the 
State for the support of aged persons in indigent circumstances. Section 
1 of said Act provides: "There is hereby appropriated out of any money 
in the State Treasury not otherwise appropriated, to each and every institu- 
ti(m in this State having not less than ten inmates, conducted for the sup- 
port and maintenance of aged persons in indigent circumstances, and 
either solely for that purpose or in connection with the support and main- 
tenance of minor orpnans, half orphans, and abandoned children, aid as 
follows: For each aged person in indigent circumstances supported and 
maintained in any such institution, the sum of one hundred dollars per 
annum." Section 2 provides: "The aid hereby granted shall commence 
on the first Monday in July, 1883, and shall be paid in semi-annual 
installments, commencing on the first Monday in January, 1884." 

This Act, which was at first supposed to be limited in its character, has 
since been widely enlarged by the decision of the Supreme Court, in the 
case of the City and County of San Francisco vs. myself, and also the late 
case of Yolo County vs. myself, as State Controller, wherein it is held that 
counties contributing to the support of aged persons in indigent circum- 
stances are entitled to the same aid as are private institutions. The effect 



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30 REPORT OF THE STATE CONTROLLER. 

of these decisions was to increase very largely the amount of money paid 
by the State for these purposes. Since the passage of this Act, and up to 
the thirtieth of June of the present year, warrants have been drawn under 
this law, to the amount of $434,937 73. There .were at that time unpre- 
sented and unpaid demands that would probably increase the above amount 
to over $500,000. This law imposes a heavy burden upon the taxpayers of 
the State, and as several of the counties reap no benefit from it, and as 
these unfortunates can be more cheaply provided for by the counties them- 
selves, it would seem that the better thing to do would be to amend the 
Constitution so as to require each county to take care of its own. 

THE STATE BOARD OF EXAMINERS. 

This Board consists of the Gk)vernor, the Secretary of State, and the. 
Attorney-General. In addition to the arduous duties of their own offices, 
these officials are required by law to perform the irksome and very impor- 
tant duties of a State Board of Examiners. The great growth of popula- 
tion and business of the State has so augmented its expenses as to cause 
the demands against it to amount to several million dollars a year. The 
number of warrants issued per year, which formerly reached but from 
seven thousand to eight thousand, now sometimes amounts to over sixteen 
thousand. It is the duty of the Board to scrutinize all demands coming 
before them, and to pass upon them with promptness. It frequently hap- 
pens that two, or all of these officers, are absent on official business that 
detains them for some time; there is no Quorum of the Board to act upon 
demands; delays occur that are unavoidable; and creditors of the State 
justly complain at being kept out of the money due them. But there is 
no help for it. And, at the best, it is physically impossible for the mem- 
bers of the Board to give to these demands the searching scrutiny that 
should be bestowed upon them. This should not be. And I urgently 
recommend that the law be so amended as to relieve these officials from 
the duties and responsibilities of the State Board of Examiners; and that 
a new Board be constituted for that purpose alone. 

VAULT FOR STATE ARCHIVES. 

The heavy accumulations of papers, documents, and books in all the 
departments of the State Government, and the overcrowded deposits now 
existing for their safe keeping, render necessary the providing of a vault, 
fire and burglar proof. This vault should be made of sufficient capacity 
for holding all the records of all the offices, and large enough for the needs 
of all for many years. The large unoccupied space in the basement of the 
Capitol building is especially well adapted for such purpose. 

The following recommendations in my former report I desire to repeat: 

OFFICIAL FKKS. 

Strong safeguards should be thrown over the payment of fees collected by all State offi- 
cials, to the end that they be paid into the State Treasury. A simple, and what would 
seem to be an effectual safeguard, could, in my judgment, oe adopted, by requiring that 
the Controller issue stub certificate books to each office receiving fees, in whicn should be 
entered, by the officer receiving theiu, for any work done or service performed by him, 
the name and residence of the person ordering the work done, the amount paid, the date, 
and the nature of the work, the stub to contain a duplicate of the items written in the 
certificate, the certificate and stub to contain corresponding numbers, the stub books to 
be returned to the Controller, and examined bv him at least once in every three months. 
This system should then be supplemented by tne law requiring the certificates thus issued 
to be attached to all documents issued, and that no document for which fees are charge- 
able should be legal, unless bearing this certificate. 



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R£PORT OF THE STATE CONTROLLER. 31 

MONEYS BECEIYED INTO STATE INSTITUTIOKS SHOULD BE PAID INTO THE STATE TREASURY. 

It is well known that most of the institutions maintained by the State, receive either 
in the way of donations, bequests, trust funds, or otherwise, sums of money that are sub- 
ject only to the control of the Boards governing them. Outside of these Boards, no offi- 
cial knowledge exists, either as to the amounts on hand or of the disposition made of the 
moneys. I see no good reason why these moneys should not be paid into the State Treas- 
ury, and paid out only upon claims properly authenticated and passed upon in itemized 
form by the various Boards and the State Board of Examiners, through the agency of 
Controller's warrants. 

SUPPLIES FOR STATE OFFICES. 

Admonished by the necessity of protecting the State against wrong-doing, 
and impelled by a desire to adopt eftectual means thereto, after consulta- 
tion with the present Secretary of State, I respectfully recommend the 
following change in the manner of supplies furnished to State oflSces: 
That the State Board of Examiners, upon receipt of stationery under con- 
tract, shall, before accepting it, require the Superintendent of State Printing 
to inspect and weigh all stationery so furnished, and to certify to the Board 
of Examiners as to its standard character, based upon the specimen fur- 
nished under contract; and that the Board shall then accept or reject it, as 
to them shall seem proper; that they deliver the accepted supplies to the 
Secretary of State, taking his receipt therefor; that he furnish all other 
State omcials, taking their receipt; that, at the end of each fiscal year, he 
furnish to the Controller a statement, under oath, of the kind, amount, and 
cost of the supplies furnished to each ofiicial; the amount furnished each 
house of the Legislature; the amount on hand; that every such official be 
required to keep a book in which shall be entered all the supplies received 
during each such year; and, finally, that every State official file with the 
Controller, at the end of each fiscal year, a sworn itemized statement of 
the amount and kind received by him from the Secretary of State during 
the year. 

HOTEL AND TRAVELING EXPENSES. 

A large number of State officers, elected and appointed, are, in the dis- 
charge of their duties, required to travel. Appropriations to meet hotel and 
other expenses are made by each Tjcgislature, but no restrictions as to 
amounts per day, and no designation of what shall constitute real traveling 
and actual expenses, are included in the appropriations. The necessity 
for such provisions is made apparent by a comparative examination of the 
difieient bills presented against these several appropriations. The charge 
for a day's expense ranges from $3 to $10. In order to arrive at a sem- 
blance of equality in expending these appropriations, I recommend the 
placing of a limit upon the amount to be expended per day for hotel 
expenses subject to payment by the State. 

RENT OP OFFICES IN SAN FRANCISCO. 

The large amount naid by the State for rent for the various offices located 
in San Francisco will attract public attention. The rent aggregates $32,- 
000 per year, which is six per cent on over $530,000. Many of the rented 
builaings are not fire-proof, and not having fire-proof vaults, the public 
records and property are insecure. Further, the offices are scattered all 
over the city, rendering much inconvenience to persons having business to 
transact at more than one of them, whereas, if they were all located in one 
building, the public would know just where to find them, and great con- 
venience would thereby be effected. The records of the Courts, the valu- 



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32 REPORT OF THE STATE CONTROLLER. 

able collections of the Mining Bureau, the armories for the National Guard, 
the offices of the Railroad, Bank, Insurance, Harbor, Horticulture, Silk 
Culture, Viticulture, and other Commissions, would thus be brought to- 
gether under one roof, and the present innumerable annoyances growing 
out of the things as they exist would be abated. 

FEEBLE-MINDED CHILDREN. 

In the General Appropriation Bill, the last Legislature embodied an item 
of $63,100 for the care and training of feeble-minded children, of which it 
was intended by the Trustees of the Home there should be $9,500 applied 
to the payment of demands arising before the close of the thirty-eighth 
fiscal year. But as the money appropriated was appropriated for the thirty- 
ninth and fortieth fiscal years only, none of it could be used for the pay- 
ment of claims arising during the thirty-eighth fiscal year; and a deficiency 
was thereby created, which should be provided for by the next Legislature. 
From the amounts thus far expended by the Trustees, it seems probable 
that there will be fully this much money left unused oi the appropriations 
made for the last and present fiscal years. 

NEW FUNDS. 

The Legislature at its last session created several funds, one of which is 
the Insurance Commissioner's Special Fund, consisting of $2,000 per year, 
taken from the receipts of the Insurance Commissioner, to defray the ex- 
penses of the office for rent and incidentals. 

Another was the State University Fund, in contradistinction from the 
University Fund. This is more fully explained under the head of State 
University Fund. 

And yet another one is the Bank Commissioners Fund, consisting of 
moneys collected by them as licenses from incorporated banks. 

ADULT blind FUND, UNAVAILABLE. 

The Legislature of 1885 created a fund known as the Adult Blind Fund. 
And the Legislature of 1887, besides other appropriations for the benefit of 
the Home, appropriated the sum of $65,000 for its support. Acting imder 
the advice of the Attorney-General, who held that the receipts of the Home 
could not be used for current expenses, I decided to open a new account 
which I called the Adult Blind Fund, Unavailable, and to credit that 
fund with all moneys paid into the State Treasury by the Directors of the 
Home. The total of these receipts up to the close of the thirty-ninth fiscal 
year, June 30, 1888, was the sum of $11,278 62. The law should be so 
amended as that all these receipts would be appropriated to the support of 
the Home, and the regular appropriations be diminished to that extent, as 
all the money now paid into this fund lies there unused. 

PAYMENT OF EMPLOYES STATE PRINTING OFFICE. 

During the last few months of the thirty-eighth fiscal year, the appropri- 
ation for the support of the State Printing Office became exhausted. The 
important work of that department either had to stop, or else it must go on 
with the chance of pay being made through appropriation by the next Leg- 
islature. The Legislature remained in session several days longer than 
provided for, the printing done during that time used the money from the 



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REPORT OF THE STATE CONTROLLER. 33 

appropriation, and thereby caused this deficiency. The money is due the 
employes of that department; and I cheerfully recommend an appropria- 
tion amounting to $9,675 25 for their payment. 

GENERAL FUND DISCREPANCY. 

Under the Act of the Legislature, approved March 10, 1885, providing 
for the payment of what is known as the drainage claims, it was provided 
that, after paying out on these claims the amount of money then remain- 
ing to the credit of the Drainage Funds, the remaining demands should 
be paid out of the Greneral Fund, and warrants were so paid by the State 
Treasurer, amounting to $3,306 72. These warrants were not issued 
against that fund; and, consequently, they constituted no charge on the 
books of this office against the General Fund. But the Treasurer, in com- 
pliance with the law, paid them out of the Greneral Fund, and on his books 
they were properly so charged. But, as will thus be seen, at the end of 
that month a discrepancy appeared between the books of the two offices to 
that amount, the books of this office showing $3,306 72 more money to the 
credit of the General Fund than was shown by the books of the Treasurer, 
and they have so remained ever since. I therefore recommend such legis- 
lation as will permit the books of the Treasurer's office to be made to cor- 
respond with those of the Controller. 

DEFALCATIONS, 

In the last biennial report from this office, I called attention to a large 
number of defalcations upon the part of State officials. Since then, some 
of the civil actions, brought by the State for the recovery of the money mis- 
appropriated, have been decided. Unfortunately for the State, the statute 
of Umitations has played a most potent part for the benefit of the derelict 
officials. Mr. T. C. Van Ness, ex-Commissioner of Immigration, against 
whom judgment for $2,382 87 was obtained in the Superior Court, invoked 
the aia of this statute, and the Supreme Court sustained his view. At 
present, an action on his bond is pending. Mr. Drury Melone, ex-Secre- 
tary of State, also took advantage of the mendly nature of this law, and 
wiUiout having a chance to prove the charge of $11,107 50 against Mr. 
Melone, the State was thrown out of Court on demurrer. The bondsmen 
of D. M. Bums, ex-Secretary of State, from whom the State tried to 
recover the amount of his bonds, $10,000, realizing the crippled position of 
the State in its endeavor to recover its monej^, also appealed to the limita- 
tion act, and it worked successfully for them in the lower Court, in fact the 
jury gave a verdict against the State, notwithstanding that no evidence 
whatever was introduced by the defendant. The Court, realizing the 
parody of justice, reversed the decision to the extent of giving the State 
mdgment for $1,492 79, which sum has been paid into the State Treasury. 
Meanwhile, the State has appealed from the balance of the judgment, and 
the case is now pending in Supreme Court for the residue. In the case of 
John W. McCarthy, ex-Clerk of the Supreme Court, the defendant was 
convicted and received a sentence of five years, which on appeal to the 
Supreme Court was affirmed. But McCarthy has sued out of the Supreme 
C<Hirt of the United States a writ of error against this judgment. The 
State also recovered judgment of $10,000 against McCarthy's bondsmen. 
The case of Grant I. Taggart, ex-Clerk of the Supreme Court, contains the 
same features as those of Van Ness and Melone, and the result can well 
be surmised. The case against Frank W. Gross is still pending. 



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34 BEPORT OP THE STATE CONTROLLER. 

This law under which officials may embezzle public moneys, cover up 
the theft for four years, and thereby escape punishment for their stealings, 
cannot be repealed too soon, and I ask the Legislature to act upon it at 
once, 

A most remarkable state of affairs seems to hedge around the cases 
against the ex-Harbor Commissioners and their bondsmen. Although five 
years have elapsed since these actions were instituted, to-day they remain 
undetermined. The State was met at every step with all manner of tech- 
nicalities, which were brushed aside by the Court, but still the cases have 
never been tried on their merits. 

THE REPAIRS TO THE STATE CAPITOL BUILDING. 

The appropriation for the repairs to the State Capitol Building, etc., for 
the thirty-eighth fiscal year, was inadequate for the labor to be performed, 
and a deficiency was thereby created in the amount of $5,898 22, of which 
amount $3,700 was mainly incurred by the fitting up of the halls for the 
meeting of the last Legislature. I recommend an appropriation to meet 
this obligation. 

STATE CAPITOL COMMISSIONERS. 

The State Capitol Commissioners entered into a contract with Mr. C. M. 
Bumbaugh for cleaning out the rubbish from the basement of the Capitol 
Building, the accumulation qf years. No appropriation existed for this 
work, yet sanitary and other considerations made the work necessary, and I 
recommend an appropriation of $1,200 to cover the expense of the contract. 

THE CHICO NORMAL SCHOOL. 

On March 9, 1887, an Act was passed to establish a branch Normal 
School in Northern California, which was by the proper authorities located 
at Chico. There was appropriated for the erection of the building the sum 
of $50,000. I have no knowledge as to when the building will be ready 
for occupancy; neither have I any knowledge of the needs it will have for 
support, and therefore can present no estimates for it. 

INSURANCE OF PUBLIC BUILDINGS. 

A large sum of money is annually expended for the insurance of build- 
ings owned by the State. Who is better able to be the insurer of its own 
propertv than is the State? It seems to me that the payment of this con- 
siderable sum of money for this purpose is at least questionable policy. 
And, at any rate, if this policv is to be continued, it is the province of the 
Legislature to appropriate a definite sum of money that may be expended 
by any institution insuring for the State. 

PURE WINE LABELS. 

The last Legislature passed an Act to prohibit the sophistication and 
adulteration of wine, and to prevent fraud in the manufacture and sale 
thereof, approved March 7, 1887. Said Act provided that the Controller 
of State should have charge of the printing and sale of the labels, which 
were to be printed from engraved plates provided by him. Semi-annual 
statements under oath are required from purchasers, setting forth the num- 
ber used and the number remaining on hand. Said labels to be of two 



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REPORT OF THE STATE CONTROLLER. 35 

forms: one a narrow strip to cap over the corks of bottles, the other, a 
square one, to cover the bungs of packages; each form bearing a fac simile 
of the signature of the Controller, under th5 inscription, "Pure California 
Wine." These labels, as provided by the Act, are sold to purchasers at 
cost price, which is $1 50 per thousand for each form. 

The names of purchasers of labels, with number purchased by them, 
number used each half year, total number used to end of thirty-ninth fiscal 
year, and number remaining on hand, will be found in Statement No. 29, 
in Appendix. 

The Supreme Court of this State decided on November 3, 1887, in 
ex parte Kohler, on habeas corpus, that Section 8, of the Act of March 7, 
1887 (the pure wine law), providing that "it is desired and required that 
all and every grower, manufacturer, trader, holder, or bottler, of California, 
when selling, or putting up for sale any California wine * * * shiJl 
plainly stencil, brand, or have printed, where it will be plainly seen — ^first, 
'Pure California Wine;' and, secondly, his name or the firm's name, as the 
case may be, both on label of bottle or package," etc., was merely directory, 
and no punishment could be inflicted for selling pure California wine with- 
out such label or brand, or the label furnished in lieu thereof by the State. 

Since the rendering of this opinion, the demand for labels has materi- 
ally decreased, especially among the small dealers. Some of the large 
firms and growers are, however, continuing their demands, the labels 
being used by them in large shipments, as the best guarantee of the purity 
of their respective brands. 

The Act imposes a hardship on the applicants for small quantities of 
labels, inasmuch as it requires expenditure in notarjr fees on every appli- 
cation or order, and in each semi-annual report, which they are required 
to make, in addition to the express or mailing charges incurred by them in 
the receipt of labels — all of wnich expenditure exceeds the value of their 
orders. 

In view of these facts,,and in the event of the continuance of the Act, 
I recommend that the law be so amended that these objectionable features 
may be remedied. If the law is allowed to remain upon the statute books, 
appropriation should be made to cover expenses of printing the labels, as 
no such appropriation was made at the last Legislature. It is also very 
necessary that an appropriation be made to reimburse the printers and 
lithographers — Messrs. E. Bosqui & Co., of San Francisco — for labels sup- 
plied by them and remaining unsold in this office. It has been the cus- 
tom to make remittances, from time to time, to Messrs. Bosqui & Co., of 
the proceeds realized from the sale of labels, and there being a large num- 
ber of labels remaining unsold, no reimbursement has been made the firm 
supplying them. 

During the existence of the law, and down to the end of the thirty-ninth 
fiscal year, the total number of labels issued (including both forms) was 
seven hundred and fifty-two thousand four nundred and four. Semi- 
annual reports were made upon the distribution of this number issued, to 
the extent of six hundred and sixty-eight thousand two hundred and four, 
there being no reports made upon the remaining eighty-four thousand two 
himdred. Of this number (six hundred and sixty-eight thousand two hun- 
dred and four), the number upon which reports have been received, the 
total number used by purchasers amounts to three hundred and thirty- 
one thousand three hundred and sixty-five, the number remaining in the 
hands of the purchasers being three hundred and thirty-six thousand eight 
hundred and fifty-nine. 



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36 BKPORT OF THE STATE CONTROLLER. 

In the cases of the parties named above as failing to report, urgent cir- 
culars requesting a prompt statement, accompanied by blanks for the pur- 
pose, were mailed on two occasions, some weeks intervening between the 
two requests. Yet nothing has been heard from them to date. The decis- 
ion of the Supreme Court already quoted, no doubt influenced the action 
or inaction of the parties appealed to. 

FINANCIAL CONDITION OF COUNTIES. 

Section 4083 of the Political Code requires that the Controller shall 
include in his biennial report a digest and synopsis, in tabular form, of the 
financial condition of the several counties in the State. 

In addition to this statement will be found an exhibit of the financial 

condition of each county, prepared from reports from the various County 

Auditors, closing June 30, 1888. See first page of exhibits showing the 

assessed value of property and the indebtedness of the counties of the State. 

Respectfully yours, 

JOHN P. DUNN, 

Controller. 



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REPORT OP THE STATE CONTROLLER. 37 

DETAILED STATEMENT 

Of the manyter in which the Appropriations for Pottage, Expressftge^ and Telegraphing in the 
office of Controller of States toere depended fir the Thtrty-eighth Fiscal Tear^ ending June SO, 

July 13, 1886— Post Office box rent $8 00 

Aiigast4, l886~Postage stamps 20 00 

Augrust 13, 1886— Telephone, $6 ; telegraphing, |3 70 ; expressage, |0 26 9 96 

September 28, 1886 —Telegraphing, $0 96; telephone, $6 6 95 

October 8, 1886— Telegraphing, |2 40; P. O. box rent, $3; telephone, |5; express- 
age, 11 70 12 10 

October 29, 1886— Postage stamps 30 00 

November 12, 1886— Telegraphing, |11 ; expressage, |2 60 ; telephone, $6 60 20 00 

January 26, 1887— Postage stamps, |60; P. O. box rent, $3; telegraphing, $4 76; 

telephone, 121 66 79 30 

February 12, 1887— Telephone, $6 60; telegraphing, |7 93; expressage, |27 06 40 48 

March 15, 1887— Expressage, 13 79; telegraphing, |7 46 ... 11 24 

March 22, 1887— Telephone 6 60 

April 14, 1887— p. O. box rent, $3; telegraphing, |4 40; telephone, $6 26; express- 
age, $6 45 19 10 

April 26, 1887— Telephone, $1; postage stamps, |60 51 00 

May 13, 1887— Telegraphing, $4 35; expressage, 10 44 ; telephone, |5 9 79 

Jane 14, 1887— Telegraphing, $7 62; expressage, |0 79; telephone, |6 60 14 81 

$g2 22 

The following bills accrued during the thirty-seventh fiscal year, and were paid 
in the thirty-eighth fiscal year: 

July 13, 1886~Tel^raphlng, |4 99; expressage, $1 16; telephone, |8 26 |14 3 9 

For Thirty-ninth Fiscal Year, 

August 17,1887— Telephone, 16; Aug. 18, telegraphing, |6 16; Aug. 19, expressage, 

$2 85 $15 00 

September 14, 1887— Telephone, $6 60; Oct. 1, telegraphing, $1 06 6 55 

October 26, 1887— P. O. box rent, $3 ; telegraphing, $1 65 ; telephone, $7 11 65 

November 12, 1887— Telegraphing, $4 12; telephone, $6; Nov. 18, postage stamps, 

$20 30 12 

December 14, 1887^Telephone, $6 60; telegraphing, $2 70; Dec. 30, postage stamps, 

$20 28 20 

January 25, 1888— Expressage, $7 07; P. O. box rent, $3; telegraphing, $0 25; tele- 
phone, $6 60 , 16 82 

February 14, 1888— Telegraphing, $8 03; telephone, $5 60 13 53 

March 17, 1888— Telegraphing, $7 83; telephone, $6 75: postage stamps, $12 43 27 01 

AprUl2, 1888— Postage stamps, $20; telephone, $5; telegraphmg, $2 14; P. O. box 

rent, $3 30 14 

May 2, 1888— Postage stamps, $30; May 8, telegraphing, $3 11; telephone, $6 60..- 38 61 

J ane 8, 1888— Telegraphing, $4 12; telephone, $5 60 9 62 

$227 2 5 

The following bills accrued during the thirty-eighth fiscal year, and were paid 
in the thirty-nmth fiscal year: 

July 16, 1887— Telephone, $0 60: P. O. box rent, $3; telegraphing, $8 60 $12 10 

July 19, 1887— Telephone, $7 60; expressage, $6 13 50 

$25 60 



I, John P. Dunn, Controller of State, do solemnly swear that the fore- 
going is a true and correct statement in detail of the manner in which 
the appropriations for this department were expended, vouchers for all of 
which are now on file in this office. 

JOHN P. DUNN. 

Subscribed and sworn to before me this twenty-ninth day of September, 
A. D. 1888. 

J. S. WILLIAMS, 
Deputy Clerk Supreme Court. 



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38 BBPOBT OP THE STATE CONTROLLER. 

DETAILED STATEMENT 

Of the manner in which the Appropriations for Gontitufent Expenses in the office of Controller of 
State were Expended during the Thirty-eighth Fiscal Year, ending June SO, 1887. 

August 13, 1886— Ice, $4 05; rubber stamps, |6 75 $10 80 

October 8, 1886— Ice, $7 80; rubber stamps, $5 12 80 

February 2, 1887— Ice, $3 90; February 7, document tiles, f4 50 8 40 

March 15, 1887— Document tiles, $12; March 22, rubber stamps, $46 25 57 25 

April8, 1887— Erasers, $4; ice, $5 35 9 35 

April 26, 1887— Washing towels, $9; May 13, Sacramento directory, $3; June 29, 

rubber stamp, $3 15 00 

$ 113 60 

The following bills accrued during the thirty-seventh fiscal year, and were paid 
in the thirty-eighth fiscal year: 

July 13, 1886— Ice, $4 80; San Francisco directory, $6; April 26, washing towels, 



$14 80 



Traveling and Contingent Expenses Thirty-ninth Fiscal Tear. 

July 8, 1887— Postal Index, $1 50; July 29, rubber stamps, $3; traveling expenses, 
""^ 75 $11 25 



August 19, 1887— San Francisco directory, $5; September 1, ice, $3 20; September 
14, rubber stamps, $2 76 

November 12, 1887- --Ice, $12 40; December 30, washing towels, $6; traveling ex- 



rubber stamps, $2 76 10 95 

imber 12, 1887- -Ice, $12 40; December 30. washing towels, $5; traveling ex- 

penses,$36 25 53 65 

April 2, 1888— Traveling expenses, $7 70 ; May 2. traveling expenses, $25 32 70 

May 8, 1888— Incandescent pens. $26; May 28, Annual Statistician, $4 3000 

$138 5 5 

The following bills for contingent expnenses accrued during the thirty-eighth 
fiscal year, and were paid in the thirty-ninth fiscal year: 

July 29, 1887— Ice, $6 35 ; December 30, washing towels, $2 75 $9 10 



I, John P. Dunn, Controller of State, do solemnly swear that the fore- 
going is a true and correct statement in detail of the manner in which 
the appropriations for this Department were expended, vouchers for all of 
which are now on file in this oflSce. 

JOHN P. DUNN. 

Subscribed and sworn to before me this twenty-ninth day of September, 
A. D. 1888. 

J. S. WILLIAMS, 
Deputy Clerk Supreme Court. 



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APPENDIX. 



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state Loan to Gala- 
Toraa County 



Drainage Dtetrict No. 
1, Tax 



Swamp and Orer- 
flowed Lands, Dis- 
trict No. 18 



CoetB of Annulment 
Certlflcateeof Pur- 



EHtatee of Deceased 
Persons 



State School Lands— 
600,000- Acre Grant 
— Interest 



State School 
600,000-Acre Grant 
—Principal 



State School Lands— 
16th and 36th Sec- 
tions — Interest 



State School Lands — 
16th and 36th Sec- 
tions—Principal 




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BEPORT OF THE STATE CONTROLLER. 



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42 



REPORT OF THE STATE CONTROLLER. 
Receipts fob Thibtt-eighth Fiscal Yeabt— Continued. 



Sources. 



Amount. 



Total. 



Total from counties brought forward 

From Other Sources, 

Railway taxes, State's portion 

Railway taxes, counties' portion 

Interest on bonds held in trust for School Fund 

Interest on bonds held in trust for University Fund 

Redemption of bonds held in trust for School Fund 

Redemption of bonds held in trust for University Fund 

Fees from Secretary of State 

From sales of Statutes, Secretary of State 

From sales of ballot paper, Secretary of State 

From sales of irrigation reports, Secretary of State 

From sales of topographical map. Secretary of State 

From sales of old paper, Secretary of State.. 

Fees from Clerk Supreme Court 

Fees from Surveyor-General 

Fees from Register Land Office 

Fees from Insurance Commissioner 

Fees from Immigration Commissioner 

From rent of wharves, etc.. State Board Harbor Commis- 
sioners - 

From rents and privileges, Yosemite Valley 

From Bank Commissioners 

From receipts Home Adult Blind 

From O. J. Meade, Sherifl" Fresno County (estate of Charles 
8. McKeown, deceased) 

From ten-cent stock certificate tax 

From sales of jute fabrics (Jute Revolving Fund) 

From receipts of San Quentin Prison 

From receipts of Folsom Prison 

From sales of State text-books 

From fishing licenses 

From fines for violating fish laws 

From interest on James Saultry relief bonds 

From Attorney-General, attesting land warrants 

From sales geological reports 

From P. L. Shoaff, sale of horse _ 

From J. J. Ayers, sale of paper shavings 

From J. J. Ayers, rebate on insurance 

From J. J. Avers, electrotyping 

From Chas. H. Alien, for Los Angeles Normal School Library. 

From Hon. H. T. Hazard, return of per diem 



Total actual receipts 

From canceled warrants 

From transfer to Bank Commissioners Fund ..- 

From transfer to State School Fund 

From transfer to State School Text-Book Fund. 



$30,526 16 

61,450 67 

153,217 38 

78.233 24 

43,000 00 

68,500 00 

17,992 10 

186 00 

6,250 69 

371 60 

12 00 

11 10 
9,730 80 
5,875 50 
3,462 00 

14,432 67 
424 00 

258,527 18 

4,679 58 

14,143 40 

8.592 55 

324 95 

4,246 65 

67,309 43 

47,725 78 

1,000 00 

3,330 15 

2,100 00 

183 66 

1,223 45 

15 00 

15 05 

30 00 

38 18 

10 00 

3 00 

12 50 
40 00 



$880 76 

3,792 80 

396 85 

1,849 56 



14,561.155 35 



887,225 42 



$5,448,380 77 



6,919 96 



Total net receipts. 



$6,455,300 73 



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REPORT OF THE STATE CONTBOLLER. 



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27,301 83 

102,087 13 

29,626 17 

133,848 61 

90,070 29 

10,966 87 

24,918 92 

138,842 83 




13,611 51 

526,186 53 

69,020 43 

11,831 60 

68,419 06 

67,216 26 

20,449 78 

6,445 94 

83,986 76 

79,990 19 

37,393 13 

43,637 40 

20,768 04 

187,496 41 


Railway Tax Re- 
tumeid 






























































State Loan to Gala- 
reraa County 










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State School Lands— 
16th and 36th Sec- 
tions—Interest 


114 53 

20 23 

327 92 

652 41 

653 84 
838 67 

15 66 
213 51 
829 55 

4,672 21 
962 42 
277 87 

6,142 02 
780 29 
453 75 

2,246 22 


359 13 

1,786 36 

652 98 

698 09 

31 09 

2,064 07 

440 69 

340 11 

389 22 

479 12 

60 96 


State School Landa— 
16th and 36th Sec- 
tiona-Principal._. 


178 40 

58 80 

1,097 60 

2,667 46 

663 03 
1,617 00 

161 45 

784 00 
3,026 07 
29,632 96 
6,733 32 
1,631 48 
26,50108 
6,284 00 

921 20 
8.926 61 


1,668 00 

8,036 18 

2,920 99 

2,624 71 

246 00 

6,666 21 

3,137 39 

601 82 

627 20 

5,017 60 




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REPORT* OF THE STATE CONTROIXER. 









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REPORT OF THE BTATE CONTROLLER. 
Rkceipts fob Thibtt-ninth Fiscal Ybab— Continued. 



45 



SOUBCIB. 



Amonnt. 



Total. 



Total from counties brought forward 

From Other Sources. 

Railway taxes, State's portion 

Railway taxes, counties* portion 

Interest on bonds held in trust for School Fund 

Interest on bonds held in trust for University Fund 

Redemption of bonds held in trust for School Fund 

Redemption of bonds held in trust for University Fund 

Feesfrom Secretary of State 

Prom sales of Statutes, Secretary of State 

From sales of ballot paper, Secretary of State 

From sales of irrigation reports, Secretarv of State 

From sales of topographical maps. Secretary of State 

Prom sales of ola carpets, Secretary of State 

Fees from Clerk of Supreme Court 

Feesfrom Surveyor-General 

Feesfrom Register State Land Office 

Feesfrom Insurance Commissioner 

Feesfrom Immigration Commissioner 

From rent of wharves, etc., State Board of Harbor Commis- 
sioners 

From rents and privileges, Yosemite Valley 

From Bank Commissioners 

From receipts Home Adult Blind 

From receipts Home Feeble-Minded Children 

From ten-cent stock certificate tax 

From sales of jute fabrics (Jute Revolving Fund) 

From receipts of San Quentin Prison 

From receipts of Folsom Prison 

Prom sales of State text-books 

Prom fishing licenses 

Prom fines violating fishing laws 

From Attorney-General, attesting land warrants 

Prom Attorney-General, money not used in tax cases at 
Washington 

From Attorney-General, escheated estate, John Waxen, de- 
ceased 

From judgment against D. M. Bums' bondsmen 

Prom T, Lu Shoaf^State Printer, sale of waste paper 

From J. D. Youn^, State Printer, sale of old horses 

From R. H. Buckingham, return of money overdrawn 

Prom interest on James Saultry relief bonds 

From certified check used by State Board of Examiners as 
an earnest on bid 



Total actual receipts 

Canceled warrants 

Transfer to San Quentin State Prison Fund. . 

Transfer to Folsom State Prison Fund 

Transfer to Adult Blind Fund 

Transfer to Adult Blind Fund, Unavailable . 
Transfer to State University Fund 



$36,222 20 

54,110 32 

154,629 60 

71,040 00 

134,400 00 

135,000 00 

23,052 75 

94 00 

682 50 

107 26 

924 50 

326 90 

10,149 55 

26,393 50 

4,194 00 

33,101 78 

141 00 

274,819 91 

3,236 64 

15,300 00 

10,152 66 

3,911 48 

6,366 60 

90,278 40 

137,974 08 

9,254 54 

40,225 21 

2,708 70 

1,751 98 

17 00 

443 40 

674 65 

1,431 54 

28 87 

127 19 

110 00 

1,223 45 

25,000 00 



1551 18 

32,866 03 

1,000 00 

103,500 00 

7,244 93 

213 64 



$5,740,262 84 



1,309,606 15 



$7,049,868 90 



145,375 78 



Total net receipts. 



$7,195,244 77 



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61 



RECAPITULATION 
Of Expenditures for Thirty-eighth Fiecal Year, ending June SO, 1887. 



Fob What Purposx Expkmdso. 



Amoant. 



L^islative Department 

Jaoicial Department 

Executiye Department 

Secretary of State's oflace 

Controller's office 

Treasurer's office 

Attorney-General's office 

Surveyor-General's office 

Office Superintendent Public Instruction 

State Library 

State Printing Office 

State Board of Health 

State Board of Equalization 

Bank Commissioners, from Bank Commissioners Fund 

Bank Commissioners 

Insurance Commissioner 

Railroad Commissioners. 

Expenses National Guard of California 

State En^neer's Department 

Commissioners Yosemite Valley and Mariposa Big Tree Grove 

Fish Commissioners 

Commissioner of Immigration 

San Francisco Harbor improvements 

State Mining Bureau 

Bureau of Labor Statistics , 

State Board of Horticulture 

State Board of Viticulture 

State Board of Silk Culture 

Asylum for the Deaf, Dumb, and Blind 

Adult blind 

Home for Feeble-Minded Children 

Insane Asylum at Stockton 

Insane Asylum at Napa 

Asylum for Chronic Insane - 

Transportation of insane 

State Prison at San Quentin 

State Prison at Folsom X 

Transportation of prisoners 

Lake Bigler Forestry Commission i 

Orphans, half orphans, and abandoned children 

Aged in indigent circumstances...' 

Veterans Home 

Agricultural societies 

State Board of Education 

State University 

State Normal School, San Jos6 

State Normal School, Los Angeles 

Support of common schools 

Purchase of bonds for State School Fund 

Amendment of certificate of purchase of State school lands 

Restitution of principal and interest for lands sold, not property of the State 

State Capitol building and grounds 

Official advertising 

Payment of rewards 

Payment of annual interest on bonds 

Purchase of bonds for Con. Perpetual Endowment Fund, State University 



County portion of railroad taxes. 
Belief of Ja 



I of James Saultry 

Indian War Bonds 

Estates of deceased persons 

Violating election laws 

Miscellaneous purposes, as per preceding pages , 



Total. 



$215,675 87 

228,178 35 

15,124 22 

12,551 67 

13,908 31 

9,853 98 

11,505 35 

11,311 76 

8,262 50 

22,634 71 

168,380 32 

4,845 39 

17.007 74 

4.445 10 
9,885 70 
6,602 48 

17,563 58 

69,121 20 

16,020 41 

26,080 28 

9,366 71 

424 00 

130,912 88 

15,557 76 

5,100 00 

7,024 11 

21,463 46 

4,347 79 

63,987 36 

24,486 93 

7,860 66 

199,824 86 

174,432 64 

164,412 78 

32,120 11 

214,491 99 

135,636 49 

28,699 36 

3.446 67 
231,266 44 
173,148 89 

9,668 96 

32,900 00 

367 00 

135,746 35 

36,797 07 

24,526 77 

1,982,442 18 

96,047 00 

208 69 

1,124 60 

45,967 21 

11,324 66 

10,168 07 

89,690 00 

64,000 00 

145,762 21 

1,223 46 

34 32 

11,370 38 

200 00 

25,024 82 



15.240,379 20 



Non.— In thla sum 1b included S366, drawn daring the thirtyHBeTenth fiscal year against the wrong appropria- 
tion, and corrected In the thirty-eighth flacal year. 



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REPORT OF THE STATE CONTROLLER. 



76 



RECAPITULATION 
Of Expetiditures for Hie Thirty-ninth Fiscal Year, ending June 30, 1888. 



For What Pubfoab Expbndbd. 



Judicial Department 

Executive Department 

Secretary of State's office 

Controller's office -^ 

Treasurer's office 

Attorney-General's office 

Surveyor-General's office 

Office of Superintendent of Public Instruction 

State Library 

Expenses of the National Guard of California 

State Printing Office 

State Engineer's Department 

State Board of Health 

State Board of Equalization 

Railroad Commissioners 

Bank Commissioners 

Insurance Commissioner 

Commissioners of Yosemite Valley and Mariposa Big Tree Grove 

Fish Commissioners 

Forestry Commissioners 

San Francisco Harbor improvements 

State Mining Bureau 

Bureau of Labor Statistics 

State Board of Horticulture 

State Board of Viticulture 

State Board *if Silk Culture 

Asylum for the Deaf, Dumb, and Blind 

Adult Blind 

Asylums for Insane- 
Insane Asylum at Stockton 

Insane Asylum at Napa 

Hospital for Chronic Insane...: 

Feeble- Minded Children 

Transportation of insane 

State Prisons — 

State Prison at San Quentin 

State Prison at Folsom 

Transportation of prisoners 

Orphan Asj'lums 

Aged and Indigent Persons 

Veterans Home 

Agricultural Societies 

State Board of Education 

State University 

State Normal School at San Jos^ 

State Normal School at Los Angeles 

Establishing Branch Normal School of Northern California 

Support of common schools 

State Capitol building and grounds 

Official advertising 

Payment of rewards 

Purchase of bonds for the State School Fund 

Pavment of annual interest on bonds and redemption of bonds 

Relief of James Saultry 

Payment of county portion of railroad taxes 

Estates of Deceased Persons 

Restitution of principal and interest and annulment of certificates of 

purchase 

Pavment of claims under Act to promote drainage, out of Drainage Dis- 
trict No. 1 

Payment of claims under Act to promote drainage, out of General Fund . 
Miscellaneous 



Totel 



$229,()97 13 
16,490 12 
12,073 42 
1H,100 50 
9.834 14 
12,477 54 
11,889 17 

9,104 no 

21,f^5 79 
127,491 34 
210,230 49 

19,940 08 
4,972 57 

17,972 12 

17,144 27 

15.209 86 
6,033 35 

47,203 57 
8,666 45 

14,771 92 
237,989 29 

35,746 84 
5,000 00 
9,702 70 
9,841 13 
4,123 07 

52,585 16 

79,445 23 

200,588 23 

210,526 39 

80,102 19 

40,013 57 

26,094 30 

420.478 06 

107.920 32 

20.528 71 

230,914 75 

142,908 03 

27,271 21 

51,089 40 

262 00 

320,813 34 

43.00(5 (i5 

19,0f:0 75 

10,7a5 16 

2,180,1W 27 

46,274 69 

528 95 

4,463 40 

449,941 18 

420,fi30 00 

1,223 45 

56,342 48 

858 44 

2,607 15 

11,322 88 

167,009 18 

41.842 07 



16,599,066 07 



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REPORT OF THE STATE CONTROLLER. 



STATEMENT No. 5. 



Annual Statement of Stale Controller, »howing the condition of the several Funds at the close of 
the Thirty-eighth Fiscal Year, ending June SOy 18S7. 



FCTNDS. 


Balance on 
Hand. 


Orerdrawn. 


Warrants 


Balance in State 
Treaaury. 


General Fund 




$206,061 88 


$281,093 57 
21,465 74 


$75,081 69 
267,433 44 
468,222 19 


School Fund 


1245,977 70 
468,222 19 
175,352 53 

150,171 78 
904 07 

4,500 00 

918 48 

17,426 Of> 

166 70 

5,347 71 

4,217 56 

3,602 97 

11,600 00 

70,617 70 

8 26 

1,455 95 

149 04 

562 74 

8,114 43 

11,326 12 

142 49 

883 30 

800 

860 41 

44 

986 

5 24 

18 70 

34 08 

27 29 

3.330 15 

98 10 

33,866 03 

106 45 


I n terest and Sinking Fund 

State School Land Fund 








175,352 63 

X50,171 78 
904 07 


San Francisco Harbor Improvement 
Fund 






University Fund 






Consolidated Perpetual Endowment 
Fund of University 






4,500 00 
918 48 


Mining Bureau Fund 






State Library Fund 




970 75 


18,396 81 
156 70 


Supreme Court Library Fund 


War Bond Fund 






6,^7 71 
4 217 66 


Yosemite Valley Fund 






Adult Blind Fund 




5,603 02 


2,000 05 

11 r^x) 00 


Revolving Jut« Fund 




Estates or Deceased Persons Fund.. 






70,617 70 


Interest and Sinking Fund, Levee 
District No. 5 






8 26 


Election Reward Fund 






1,455 95 
180 09 


RailwayTax Fund 




31 65 


Railway Tax Contingent Fund 




562 74 


State Drainage Construction Fund.. 




104 00 
1,067 24 


8,218 43 


Construction Fund, Drainage Dis- 
trict No. 1 




12,393 36 
142 49 


Swamp Land District No. 1 Fund... 




Swamp Land District No. 2 Fund... 
Swamp Land District No. 17 Fnnd.. 
Swamp Land District No. 18 Fund.. 
Swamp Land District No. 41 Fund.. 






883 30 






8 00 






850 41 






44 


Swamp Land District No. 45 Fund.. 
Swamp Land District No. 46 Fund.. 
Swamp Land District No. 49 Fund.. 
Swamp Land District No. 51 Fund.. 
Swamp Land District No. 59 Fund.. 
State School Book Fund 






9 85 






5 24 






18 70 






34 08 






27 29 






3,330 15 
998 10 


Bank Commissioners Fund .. 




900 00 


State Prison Fund 




33,866 03 
112 45 


Fish Commissioners Fund 




600 








Total amount in State Treasury, 
exclusive of coupon accounts 

Total amount in several coupon 
accounts 


11,216,409 55 


$209,664 85 


$311,231 97 


$1,317,976 67 
2,020 00 













EECAPITULATION. 

Controller's ledger balance $1,216,409 55 

Less debt balance (fund overdrawn) 209,(364 86 

Balance $1,006,744 70 

Warrants outstanding 311,231 97 

Total cash in State Treasury, June 30, 1887 $1,317,976 67 

Total amount in several coupon accounts $2,020 00 

Total cash in State Treasury, June 30. 1886 1,106,987 59 

Total cash in State Treasury, June 30,*18S7 1,317,976 67 

Increase of cash in State Treasury in thirty-eighth as against thirty-seventh 

fiscal year 210,989 08 



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REPORT OP THE STATE CONTROLLER. 



STATEMENT No. 6. 

Annual Statement of State Controller, shounng the coTidilioyi of the eeveral Funds €U the cloee of 
the Thirty-ninth Fiscal Year, ending June SO, 1888, 



FUKM. 


Balance on 
Hand. 


Overdrawn. 


Wan-anbj 
OtttstaudiQg. 


Balance in 
State Treasury. 


General Fand. 


^18,681 84 
274,140 92 
243,605 49 
116,766 65 

187,002 40 

2,663 67 

488 98 

27,831 46 

297 41 

141 00 
6,347 71 

670 40 
19,325 84 
74,101 17 

8 26 

1,624 18 

149 04 

562 74 

8,136 81 

324 

142 49 

883 30 
8 00 

1,029 83 

44 

985 

6 24 

18 70 

34 08 

27 29 

2,253 82 

35,679 79 

6,662 51 

13,461 49 

188 24 

884 66 
5,581 46 

11,278 62 




$84,537 68 
3,80103 


$603,119 52 


School Fund 




277,941 95 


Interest and Sinking Fund . 




243,6a5 49 
116,970 52 


State School Land Fund 




203 87 


San Francisco Harbor Improvement 
Fund 




187.002 40 


University Fund 






2,563 57 


Mining Bureau Fund 




106 00 


693 98 


State Library Fund 




27,831 46 
297 41 


Supreme Court Library Fund 

Leprosy Fund 










141 00 


War Bond Fund 






5,347 71 
670 40 


Yosemite Valley Fund 

Adult Blind Fund 








235 99 


19,561 83 


Estates of Deceased Persons Fund.. 




74,101 17 
8 26 


Interest and Sinking Fund, Levee 
District No. 5 






Election Reward Fund 






1,524 18 
299 32 


Railway Tax Fund 




150 28 


Railway Tax Contingent Fund 

State Drainage Construction Fund.. 
Construction Fund, Drainage Dis- 
trict No. 1 




662 74 




70 06 
1,634 02 


8«206 86 




1,637 26 
142 49 


Swamp Land District No. 1 Fund 




Swamp Land District No. 2 Fund 






883 30 


Swamp Land District No. 17 Fund... 
Swamp Land District No. 18 Fund... 
Swamp Land District No. 41 Fund... 






8 00 






1,029 83 
44 






Swamp Land District No. 46 Fund . 






9 85 


Swamp Land District No. 46 Fund . . . 
Swamp Land District No. 49 Fund... 






5 24 






18 70 


Swamp Land District No. 51 Fund. 






34 08 


Swamp Land District No. 69 Fund... 
Fish Commissioners Fund - . . 






27 29 




4 25 


2,258 07 
36,679 79 

6,662 51 
13,461 49 

1,088 24 

884 65 


San (^uentin State Prison Fund 




Folsom State Prison Fund 






State School Book Fund 






Bank Commissioners Fund 




900 00 


Insurance Commissioner's Special 
Fund 




State University Fund 

Adult Blind Fund, unavailable 






5,681 46 
11,278 62 












Total amount in State Treasury, 
exclusive of coupon accounts... 

Total amount in several coupon 
accounts \ 


$1,468,098 80 




$91,e«2 17 


$1,649,740 97 
$1.560 00 













BECAPITDLATION. 

Controller's ledger balance $1,458,098 80 

Warrants outstanding 91,642 17 

Total cash in State Treasury, June 30, 1888 $1,549,7 40 97 

Total amount in several coupon accounts $1,660 00 

Total cash in State Treasurv, June 30, 1887 1,817,976 67 

Total cash in State Treasury. June 30, 1888 1,549,740 97 

Increase of cash in State Treasury in thirty-ninth as against the thirty- 
eighth fiscal year 231,764 30 



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126 



REPORT OF THE STATE CONTROLLER. 



STATEMENT No. 20. 

Amountg of State Tax Levied^ Amounts Collected j and Amounts Delinauent in the several Cotm- 
ties for and on account of Property Tax ( Tax of 1886), oti the thirtieth day of June, 1888. 



Ck>niiTm. 



Amoanta Levied. 



Amounts Collected. 



Amounts 
Delinquent. 



Alameda 

Alpine 

Amador 

Butte 

Calaveras 

Colusa 

Contra Costa — 

Del Norte 

El Dorado 

Fresno 

Humboldt 

Inyo 

Kern 

Lake 

Lassen 

Los Angeles 

Marin.. 1 

Mariposa 

Mendocino 

Merced 

Modoc 

Mono 

Monterey 

Napa 

Nevada 

Placer 

Plumas 

Sacramento 

San Benito 

San Bernardino . 

San Diego 

San Francisco.. 

San Joaquin 

San Luis Obispo, 

San Mateo 

Santa Barbara. . 

Santa Clara 

Santa Cruz 

Shasta 

Sierra 

Siskiyou 

Solano 

Sonoma 

Stanislaus 

Sutter 

Tehama^ 

Trinity 

Tulare 

Tuolumne 

Ventura 

Yolo 

Yuba 

Totals 



1313.186 90 

1,594 36 

21.016 13 

84,665 99 

16,501 02 

117,716 81 
79,822 45 
6,957 85 
17,469 62 
79,128 66 
57,084 36 
6,345 73 
30,072 94 
16,136 95 
11,799 43 

212,569 14 
55,181 71 
9,072 41 
48,453 03 
60,362 35 
13,810 13 
6,250 28 
58,389 15 
66,538 28 
29,047 73 
34,236 47 
11,726 67 

134,241 88 

29,131 14 

46,300 10 

65,779 69 

1,288,845 65 

180,711 10 
64,840 45 
61,781 96 
48,118 59 

212,432 61 
44,092 07 
20,092 47 
9,a')2 13 
22,505 20 
93,682 82 

143,398 66 
82,418 26 
43,221 22 
47,183 36 
6,109 15 
63.231 m 
14,006 08 
26.284 71 
94.869 44 
31,187 65 



$313,040 81 

l,46fJ 50 

20,740 70 

♦84,738 72 

15,797 77 

117,404 10 

77,239 28 

6.922 27 

17,394 48 

77.008 87 
56,437 52 

6,218 16 
29,845 57 
15,977 09 
11,686 48 

205,895 52 

♦ 55,247 76 
8,734 46 
48,1(56 27 
69,693 09 
13,468 35 
6,102 42 
67,516 03 
66,362 12 
28,827 37 
33,701 13 
11,161 65 

134.124 62 

28,912 14 

44,421 23 

53,647 42 

1,248,528 18 

179,351 40 
54,662 66 
51,577 75 
47,a'>l 28 

212,278 14 
43,989 29 
19,523 44 
9.624 48 
22,292 66 
93,a30 06 

141,566 25 
82,208 40 
43,111 41 

47.009 56 
6,027 30 

61,548 87 
13,(558 61 
2fJ,228 16 
94,752 61 
31,103 14 



$4,308,524 77 



$4,238,081 31 



$146 09 
137 86 
276 43 



703 25 
312 71 

2,583 17 
36 58 
75 14 

2,119 79 
646 84 
127 57 
227 37 
159 86 
212 95 

6,663 62 



337 96 
286 76 
659 26 
341 78 
147 86 
874 12 
It^ 16 
220 36 
536 ai 
5(yi 92 
117 34 
219 00 
878 87 

2,132 27 
40,317 47 

l,a59 70 
187 89 
204 21 
167 31 
1&4 47 
102 78 
569 03 
327 65 
212 65 
352 77 

1,842 41 

209 86 

110 81 

173 80 

81 85 

1,683 08 

347 47 

56 65 

106 83 

84 51 



$70,582 23 



*It will be seen from the foregoing statement that the Counties of Butte and Marin luire each collected more 
property tax than was originally due. I account for it by reason of the excess collected by the Assessor, and 
that in some instances property tax of other years has been reported as property tax of this year. 



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REPORT OF THE STATE CONTROLLER. 



127 



STATEMENT No. 21. 

Amount of State Tax Levied. Amounts Collected^ and Amounts Delinquent in the several Counties 
for and on account of Property Tax {Tax of 1887)^ on the thirtieth day of June, 1888. 



COUNTIKS. 



Alameda. 

Alpine 

Amador... 

Butte 

Calaveras 

Colusa 

Contra Costa — 

Del Norte 

£1 Dorado 

Fresno 

Humboldt 

Inyo 

Kern 

Lake 

Lassen 

Los Angeles 

Marin 

Mariposa 

Menaocino 

Merced 

Modoc 

Mono , 

Monterey 

Napa 

Nevada 

Placer 

Plumas 

Sacramento 

San Benito 

San Bernardino 

San Diego 

San Francisco... 

San Joaquifi 

San Luis Obispo 

San Mateo 

Santa Barbara.. 

Santa Clara 

Santa Cruz 

Shasta 

Sierra 

Siskiyou , 

Solano 

Sonoma 

Stanislaus 

Sutter 

Tehama 

Trinity 

Tulare 

Tuolumne 

Ventura 

Yolo 

Yuba 

Totals , 



Amounts Leried. 



Amounts Collected. 



1353,927 22 

1,753 68 

25,971 37 

97,290 32 

25,251 99 

131,426 11 

93,118 96 

8,031 68 

20,122 70 

102,889 32 
88,567 69 
7,546 43 
44,420 51 
19,976 79 
14.446 81 

531,662 58 
60,215 21 
9,879 19 
58,105 39 
65,668 83 
17,467 38 
6,149 84 
77,923 31 
76,820 99 
33,279 21 
40,337 14 
13,713 77 

179,392 60 
33,708 43 
9f3,982 56 

118,820 61 
1,530,616 35 

193,830 11 
69,240 14 
69,666 93 
91,389 96 

254,642 13 
50,674 63 
22,168 09 
10.790 91 
26,457 17 

107,fWl 28 

159,691 93 
88,991 86 
46,285 79 
65,828 00 
6,668 43 
84,283 26 
16,409 18 
39,004 17 

111.666 00 
37,366 98 



Amounts 
Delinquent. 



1363,164 78 

1,332 36 

25,470 33 

96,960 78 

24,510 20 

131,156 06 

90,946 20 

8,907 93 

20,004 84 

• 103,488 60 

84,741 32 

6,602 76 

43,^42 70 

19,729 19 

12,772 35 

514,902 19 

59,810 76 

9,519 70 

54,103 72 

65,623 66 

16,910 80 

6,021 04 

77,136 32 

75,744 36 

32,883 48 

40,076 73 

12,927 97 

•179,642 28 

32,()66 89 

95,355 52 

98,038 53 

1,452,232 63 

191,446 44 
68,940 91 
69,467 67 
91,027 17 

254,060 21 
60,()46 09 
21,822 17 
10,440 20 
25,989 41 

106,8W 78 

169,478 77 
88,893 28 
46,207 55 
66,648 38 
6,346 79 
82,187 51 
13,7(59 94 
38,231 88 

111,386 11 
36,475 49 



$6,627,091 80 $6,376,984 59 



$762 44 
421 33 

.501 04 
329 54 
741 79 
270 05 

2,173 76 

43 75 

117 86 



3,828 37 
943 68 

1,077 81 
247 60 

1,674 46 

16,760 39 

404 46 

359 49 

4,001 67 
36 18 

.656 58 
128 80 
786 99 
76 64 
395 73 
260 41 
785 80 



1,041 54 

1,627 04 

20,782 08 

78,383 72 

2,383 67 

299 23 

199 26 

362 79 

581 92 

29 44 

345 92 

350 71 

467 76 

766 60 

213 16 

98 57 

78 24 

179 62 

312 64 

2,095 74 

1,639 24 

772 29 

279 89 

891 49 



$161,866 07 



* It will be seen from the foregoine statement that the Gounties of Fresno and Sacramento have each collected 
■lore property tax than was originally due. I account for it by reason of the excess collected by the Anoesor, 
and that in some Instances property tax of other years has been reported as property tax of this year. 



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129 



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REPORT OP THE STATE CONTROLLER. 



138 



STATEMENT No. 24. 

Oomminions and Mileage for Assessifigf Auditing. Collecting ^ and Payitig in State Taxes for the 
Thirty-eighth Fueal Tear^ commencing July 1, 1SS6, afid ending June SO^ 18if7. 



COUMTIU. 



Aawssor's 
Gommiflalons. 



Auditor's 
CommfflBiona. 



Treasurer' ei 
GommiBeions 
aud Mileage. 



Tax 

Gollector'g 

Commlasions. 



Aatesaor'B 
Commis- 
sions as Col- 
lector on 
Personal 
Property. 



Total. 



Alameda 

Alpine 

Amador 

Butte 

Calaveras 

Colasa 

Contra Costa 

Del Norte 

El Dorado 

Fresno, 

Humboldt 

Inyo 

Kern 

Lake 

Lassen 

Los Angeles 

Marin 

Mariposa 

Mendocino 

Merced 

Modoc 

Mono 

Monterey 

Napa 

Nevada 

Placer 

Plumas 

Sacramento 

San Benito 

San Bernardino . 

San Diego 

San Francisco... 

San Joaquin 

San Luis Obispo. 

San Mateo 

Santa Barbara . . 

Santa Clara 

Santa Cruz 

Shasta 

Sierra 

Siskiyou 

Solano 

Sonoma 

Stanislaus 

Sutter 

Tehama 

Trinity 

Tulare 

Tuolumne 

Ventura 

Yolo 

Yuba 



12,944 46 
41 89 

529 43 
1.263 70 

411 97 
1,495 82 
1,206 93 

179 68 

AM 61 
1,209 94 

1.012 96 

163 10 
696 56 
499 81 
301 05 

2,089 34 
996 90 
227 43 
929 71 

1,W9 07 
349 54 

164 97 
1,019 65 
1,130 38 

459 46 
746 10 
296 07 

1,624 85 
717 02 

' 898 44 

1.013 23 
31,631 18 

1,873 66 

1,021 13 

965 33 

918 82 

2,138 35 

881 55 

485 41 

251 19 

540 96 

1,435 03 

1.657 60 

1,281 62 

872 50 

916 22 

157 33 

1,061 97 

348 47 

615 07 

1325 76 

713 27 



Totals. 



177,199 39 



$2,776 07 
31 47 
368 44 
903 53 
282 34 
1,154 80 
837 54 
134 29 
301 34 
843 24 
692 53 

122 31 
445 41 
349 65 
220 21 

1,820 44 
681 69 
160 19 
625 23 
730 16 
245 81 

123 34 
698 26 
780 50 
661 81 
698 75 
215 74 

l,2r>4 13 

458 81 

563 77 

804 17 

7,242 37 

1.582 14 

701 M 

658 09 

624 22 

1,865 60 

582 30 

337 26 

187 28 

370 62 

1,101 08 

1337 05 

910 00 

576 18 

742 89 

117 61 

717 18 

244 86 

406 58 

972 12 

456 73 



$6,880 11 

121 42 

500 23 

1,753 50 

370 38 

2,451 44 

1,657 62 

234 69 

383 41 

1,666 05 

1,226 93 

322 68 

794 88 

562 01 

374 44 

4,346 36 

1,170 63 

295 38 

1,123 43 

1,290 40 

362 16 

226 06 

1,664 68 

1,383 09 

669 41 

481 79 

330 85 

2,696 45 

833 04 

1,089 31 

1307 50 

10,258 52 

3,597 80 

1,303 93 

1,109 61 

1,156 48 

4,468 67 

1,036 33 

527 05 

283 59 

629 36 

2,253 17 

2,986 60 

1,724 44 

894 92 

1,040 47 

204 80 

1,393 31 

301 35 

615 08 

1,887 27 

640 27 



$4,448 96 

62 40 

465 87 

1,314 53 

^41 99 



1.191 36 
207 55 
667 57 

1,210 32 
822 39 
167 58 
533 70 
391 99 
287 30 

2,958 78 
934 00 
261 29 
800 47 
928 27 
348 73 
177 27 

1,002 44 

1,082 79 



444 68 

251 40 

928 93 

624 67 

829 62 

506 90 

11,490 62 

2,706 61 

1,012 88 

887 a4 

872 95 



756 27 
402 67 
218 49 
474 95 

1,233 71 
956 29 

1,307 32 
879 52 
800 04 
175 43 
997 84 
324 38 
527 86 

1,508 82 
511 97 



$41,728 37 



$76,880 23 



$52,239 49 



$267 64 

2 01 
6 05 

131 '43 

3 60 
61 60 

239 22 



6 53 

53 07 

20 37 
153 79 

12 94 

21 OB 
425 09 

94 15 

14 01 

26 70 

143 69 

13 81 
6 41 

59 99 

36 09 

42 64 

6 75 

9 19 

236 07 

69 92 

104 19 

110 77 



120 79 

146 79 

39 39 

51 81 

209 90 

43 78 

17 77 

12 91 
33 71 
95 52 
66 23 

153 99 

13 14 

18 78 
2 42 

62 64 
5 40 
20 44 
38 27 
11 10 



$17317 23 

259 19 
1,870 02 
6,366 69 
1,410 18 
5,163 66 
5,132 66 

766 11 
1,793 46 
4,929 11 
3,806 88 

796 04 
2,624 34 
1,816 40 
1,207 06 
11,640 01 
3,877 37 

958 30 
3,5a5 54 
4,141 59 
1,320 04 

697 04 
4,445 02 
4,412 85 
1.&33 32 
2378 07 
1,103 26 
6,760 43 
2,693 46 
3,485 23 
3,742 67 
60,622 59 
9,881 00 
4,186 07 
3,659 68 
3,624 28 
8,682 42 
3,300 23 
1,770 16 

953 46 
2,049 60 
6,118 51 
7,002 77 
5,377 37 
3,236 26 
3,518 40 

<i57 59 
4.232 94 
1,224 46 
2,184 08 
6,732 24 
2333 34 



$3,533 02 



$251,580 50 



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134 



REPORT OP THE STATE CONTROLLER. 



STATEMENT No. 25. 

CommUaions and Mileage fw Assessing, Audithw^ Collecting, and Paying in State Taxes for the 
Thirty-ninth Fiscal Year^ coimniencing July 1, 1887, and ending June SO, 1888. 



C!0t7NTIK8. 



Aflseasor's 
Con 



A.aditor*8 
GommiBBioDs. 



Treasurer's 
CommLssioiis 
and Mileage. 



Alaraeda 

Alpine 

Amador 

Butte 

Calaveras 

Colusa 

Contra Costa 

Del Norte 

El Dorado 

Fresno 

Humboldt 

Inyo 

Kern 

Lake 

Lassen 

Los Angeles 

Marin 

Mariposa 

Mendocino 

Merced 

Modoc 

Mono --- 

Monterey 

Napa 

Nevada 

Placer 

Plumas 

Sacramento 

San Benito 

San Bernardino _ . 

San Diego 

San Francisco 

San Joaquin 

San Luis Obispo.. 

San Mateo 

Santa Barbara ... 

Santa Clara 

Santa Cruz 

Shasta 

Sierra 

Siskiyou i 

Solano 

Sonoma 

Stanislaus 

Sutter 

Tehama 

Trinity 

Tulare 

Tuolumne 

Ventura 

Yolo 

Yuba 



$3,066 62 

34 57 

608 19 

1,350 41 

592 34 

1,600 93 

1,310 52 

234 64 

490 33 

1,404 14 

1,287 41 

169 92 

845 26 

511 46 

332 87 

4,106 27 

1,049 10 

261 01 

993 35 

1,081 70 

442 54 

160 85 

1,217 02 

1,053 15 

760 63 

838 15 

345 40 

1,921 37 

707 40 

1,308 39 

1,367 80 

24,466 11 

1,999 81 

1,120 90 

1,141 99 

1,312 36 

2,444 11 

9(^2 e© 

543 43 

280 53 

618 40 

1,419 48 

1,784 18 

1,243 62 

909 76 

1,008 27 

172 63 

1,257 51 

382 59 

817 37 

1,447 54 

795 62 



Totals I $77,652 50 



$2,875 14 

25 64 

399 50 

990 25 

391 11 

1,257 81 
948 64 
172 99 
389 00 

1,051 26 
913 62 
125 40 
648 49 
345 50 
233 90 

4,061 63 
714 73 
285 27 
673 49 
737 37 
300 83 
118 72 
843 79 
827 25 
476 33 
545 05 
294 79 

1,635 99 
463 68 
959 92 

1,006 38 

6,702 34 

l,6a3 05 
767 15 
782 12 
950 25 

2,377 68 
650 93 
3(« 75 
205 33 
504 21 

1,065 44 

l,4f)l 99 
894 60 
601 61 
(J84 54 
127 22 
882 64 
2')4 29 
629 68 

1.09fJ 65 
613 66 



$47,647 50 



$7,246 59 

115 92 

555 39 

2,011 64 

850 74 

2,766 77 

1,965 16 

275 98 

439 13 
2,247 m 
1.944 41 

227 41 
1,055 06 

666 21 

322 85 

10,719 17 

1,236 60 

250 66 
1,168 74 
1,394 34 

440 62 
220 63 

2,224 89 

1,555 18 

761 42 

837 55 

3(J8 49 

3,664 18 

715 05 

2,126 98 

2,103 40 

11,877 43 

3,976 29 

1,629 52 

1,480 49 

2,0a5 48 

5,385 62 

1,189 32 

685 03 

306 58 

718 23 

2,206 46 

3,3f^ 3fJ 

1,830 16 

967 47 

1,224 48 

216 25 

1,853 69 

32() 94 

876 07 

2,268 63 

785 04 



Tax 

Collector's 
CommiasionB. 



Aaaeaaor'a 
Commla- 
sloaa as Col« 
lector on 
Personal 
Property. 



$5,042 47 

54 96 

666 79 

1,611 92 

625 38 



1,293 87 

258 20 

746 73 

1,604 55 

1,261 21 

185 35 

720 98 

454 98 

343 73 

7,227 62 

1,027 39 

282 44 

903 85 

l,a36 63 

448 79 

188 21 

1,301 26 

1,216 81 



723 14 

302 37 
1,046 00 

642 98, 
1,560 53 

827 22 
13,109 43 
2,917 09 
1,107 17 
1,180 76 
1,478 69 



879 13 

454 53 

242 71 

581 94 

1,390 89 

1,077 26 

1,474 87 

920 39 

961 11 

176 14 

l,a30 26 

330 89 

670 45 

1,764 26 

665 50 



$97,180 24 $66,999 82 



$477 58 
34 

16 m 

161 62 

13 22 

166 26 

628 68 



7 32 
113 11 
102 93 

16 32 
101 79 

38 47 

25 42 
699 12 
152 31 

28 05 

70 86 
142 60 

27 01 

9 92 

95 68 

94 07 

71 21 
19 66 
13 86 

431 36 
71 31 

197 69 
99 26 



227 70 

233 18 

66 90 

107 27 

367 61 

96 25 

32 67 

21 22 

54 87 

190 91 

167 28 

203 66 

68 53 

90 94 

1 58 

152 71 

24 21 

57 58 

62 11 

10 92 



$6,220 47 



Total. 



$18,707 

231 
2,146 
6,025 
2,072 
6,791 
6,146 

941 

2,072 

•6,420 

5,509 

723 
3,271 
1,915 
1,258 
26,713 
4,180 
1,097 
3,810 
4,392 
1.659 

698 
6,682 
4,746 
2,059 
2,963 
1,324 
8,698 
2,600 
6,143 
5,404 
5(?,145 
10,723 
4,857 
4,652 
6,884 
10,575 
3,778 
1.984 
1,055 
2,477 
6,273 
7,856 
5,646 
3,457 
3,959 

693 
5.476 
1,328 
2,951 
6,639 
2,770 



40 
43 
43 

74 
79 
77 
87 
81 
51 
72 
58 
40 
58 
62 
77 
81 
13 
42 
28 
64 
79 
33 
64 
46 
59 
65 
90 
90 
42 
51 
06 
31 
94 
92 
26 
05 
02 
28 
31 
37 
65 
17 
06 
81 
76 
34 
82 
71 
92 
15 
19 
64 



$2^,600 53 



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REPORT OP THE STATE CONTROLLER. 



135 



STATEMENT No. 26. 

The Valuation of Real and Personal Property, and the Pate of Taxation on each One Hundred 
Dollars, from the Organization of the State Qovemment to the Year 1887 , inclusive. 



Ykae. 



1850 
1851 
1852 
1853 
1854 
1855 
1856. 
1857. 
1858 
1859. 
1860. 
1861. 
1882 
1863 
1^4. 
1865 
1886. 
1867. 
1868. 
1869. 
1870. 
1871 
1872 
1873 
1874. 
1875 
1876, 
1877. 
1878 
1879 
1880. 
1881 
1882 
1883 
1884 
1885 
1886 
1887. 



Total Anessed 

Yalne of Property 

in California. 



157,670.689 00 
49,231.052 00 
64,579,375 00 
95,335,646 00 
111,191.030 00 
103,887,ia3 00 
115,007,440 00 
126,059,461 00 
125,95.5,877 00 
131,0rX),279 00 
148,193,540 00 
147,811,617 00 
160,369,071 00 
174,104,955 00 
179,lf>4,730 00 
183,534,312 00 
200.368,826 00 
212,205.339 00 
237,483,175 00 
260,563,879 00 
277,538,134 00 
267,868.12(J 00 
637,232,823 00 
528,747,013 00 
611,495,197 00 
618,083,315 00 
595,073,177 00 
586.953,022 00 
5at,578,036 00 
549,220,968 00 
666,399,985 00 
669,835.7«2 00 
608,642.036 00 
765,729,430 00 
821,078,767 00 
859,512,384 00 | 
816,446,700 00 . 
956,740,805 00 



Value of Peraonal 
Property. 



$13,9^)8,797 00 
20.935.116 00 
24,213,395 00 
33,674,000 00 
39,040,428 00 
34,858,319 00 i 
40,942,699 00 
59,149,630 00 , 
54,185.728 00 
56,580,344 00 , 
68,369,383 00 ! 
73,350,591 00 , 
74,014,666 00 
80,496,645 00 I 
78,117,375 00 I 
79,782,436 00 
92,490,635 00 i 
100.105,600 00 
105,112,083 00 
101,723,592 00 
108,001,588 00 
8(5,174,230 00 
219,942,323 00 
118,425,520 00 
210,779,127 00 
199.243,292 00 
140,431,866 00 
128,780,824 00 
118,304,451 00 
112,325,850 00 
174,514.906 00 
160,058,309 00 
134,048,419 00 
167,338,644 00 
166,394,997 00 
172,760,681 00 
151,937,132 00 
165,663,387 00 



Per Cent 
of Personal 
Property of 
Seal Estate. 



State Bate 
ofTUcation. 



24.22 


.50 


42.52 


.65 


37.49 


.65 


35.32 


.60 


35.11 


.60 


33.56 


.60 


35.60 


.70 


46.92 


.70 


43.01 


.60 


43.17 


.60 


4(5.06 


.60 


49.6'2 


.60 


46.15 


.77 


46.23 


.92 


43.60 


1.25 


43.47 


1.16 


46.15 


1.13 


47.17 


1.13 


44.26 


1.00 


40.19 


.97 


38.90 


.865 


32.17 


.865 


30.40 


.50 


22.20 


.50 


34.46 


.649 


32.07 


.605 


25.27 


.735 


21.77 


.63 


20.23 


.56 


20.45 


.625 


26.18 


.64 


24.24 


.656 


22.02 


.596 


21.86 


.497 


20.26 


.452 


27.90 


.544 


18.60 


.66 


17.31 


.608 



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136 



REPORT OF THE STATE CONTROLLER. 









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REPORT OF THE STATE CONTROLLER. 



137 



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138 



REPORT OF THE STATE CONTROLLER. 



STATEMENT No. 29. 



Nakb and Location of Pubghabbb. 



Total Nnm- 
ber of La- 
bels IsBued 
toPur- 
chaaen. 



Number Usso bt Pur- 
cha8eb8 to junb 30, 1888. 



First half 
Year. 



Second half 
Year. 



Total Num- 
ber Used 
to Jane 30, 
1888. 



Balance in 

. Haiids of 

Purchasers 

Jane 30, 



Adamson, C. P., Rutherford 

Aguillon, Cy Sonoma 

Alford, C. H., Los Angeles 

Barovich, N., San .lose 

Beaudry, P., Los Angeles 

Beck, Adolph, San Francisco 

Bomer, Ro oert, Cozzen s 

Brigden, Albert, Lamanda Park 

BrockhoflF. C. H., San Francisco 

Buckner Bros. <fe Requa, Santa Rosa. . . 

Bulotti <fc Perini, Lawrence Station 

Burdge, 8. D., Lincoln 

Cappelmann, C, Santa Cruz 

Carpy, C. & Co., San Francisco 

Chauche, A. G., San Francisco 

Cordelia Wine Co., Cordelia 

Cozzens, D., Cozzens 

Cucamonga Vineyard Co., Cucamonga. 

Davisson, D. D., Sonoma 

Dotta, L., Healdsburg 

Dreyfus, B. & Co., San Francisco 

Duquesne, D., Fresno 

Edge Hill Vineyard, St. Helena 

Eggers & Co., Fresno 

Ehlers, B., St Helena 

Erz, A., Anaheim 

Est^e, M. M., Napa Citv 

Ewer <fc Atkinson, Rutherford 

Farr. Henry, Gubserville 

Favarel, Louis, San Francisco 

Finlayson, Jas., Healdsburg. 

FrapoUi, Berges & Co., San Francisco. 
Friedlander, Behneman <& Co., San 

Francisco - 

Giselman, Wm. (Agent S. C. Hastings), 

San Francisco 

Gobbi, P. & J. J., Healdsburg 

Goddini, J., Healdsburg 

Goldberg, Bowen & Co., San Francisco. 
Greenebaum, A. <fc Co., San Francisco. . 

Groezinger, G., Yountville 

Gundlach, J. & Co.^San Francisco 

Gunn, J. O'B., San Francisco 

Haehl, C, Cloverdale . 

Hannon, Mrs. Catherine, Los Angeles. 
Haraszthy, A. & Co., San Francisco... 

Hassett, A., Healdsburg 

Hirschler Bros. & Co., San Francisco. . 

Hoist, Peter, Healdsburg 

Hooper, G. F., Sonoma 

Kerr, Geo. H., Elk Grove 

Kohler <fe Frohling, San Francisco 

Eohler <fc Van Bergen, San Francisco. . 

Kroeger, H., Anaheim 

Krug, Caroline, St. Helena 

Lachman & Jacobi, San Francisco 

Lancel <fc Co., Sonoma 

Lerame, R. W., St. Helena 

Levingston, M. A., San Francisco 

Lilienthal & Co., San Francisco 

Los Angeles Vintage Co., Los Angeles. 

Martin, FeusierA Co.. San Francisco.. 

Maurer, George, Visalia 

McCutchan, W. C, Windsor 

Meredith, G., Napa 

Merithew, J. C.,San 3os4 



2,000 
1.000 
1,000 
1,500 

19,400 
2,500 
250 
6,000 
1,000 
1,000 
2,000 
1,000 
1,000 

15,000 
6,000 
5,000 
500 
4,000 
200 
1,000 

15,000 

1,200 

4,000 

1,000 

200 

700 

11,000 
1,000 
1,000 
3,000 
1,000 
7,000 

1,300 

1,000 

2,000 

500 

37,225 

95,000 
1,200 

35,000 
1,000 
1,000 
1,000 

32,000 
2,000 

15,600 
1,000 
1,033 
1,000 

37,600 

16,600 

100 

1,000 

16,000 
1,000 
1,000 
1,000 

21,000 

5,000 

2,500 

3,000 

166 

500 

1,000 



370 

None. 

None. 

196 

15,000 

2,050 

25 

2,036 

126 

12 

94 

800 

None. 

16,000 

None. 

1,428 

150 

1,200 

88 

10 

25 

All mispl 

2,885 

99 

2 

155 

8,250 

715 

5 

30 

20 

2,408 



830 

443 

27 

5 

15.000 

63,000 

181 

21,200 

72 

196 

None. 

252 

476 

12,200 

76 

316 

80 

122 

60 

60 

167 

29 

None. 

411 

1,000 

6,400 

4,475 

175 

1,146 

19 

None. 

160 



4 
None. 
No rept. 
1.304 
No rept. 
No rept. 
26 
No rept 
No rept 
None. 
None. 
No rept. 
No rept. 
No rept 
No rept 
1,103 
None. 

560 

No rept 

No rept 

None. 

cd or lost 

1,115 

156 

1 

No rept. 

No rept 

No rept 

100 

10 

No rept 

877 

No rept 

No rept. 

No rept 

21 

10,600 

27,990 

19 

770 

None. 

160 

No rept. 

300 

No rept. 

No rept 

None. 

6 

70 

6,000 

None. 

30 

None. 

13 

None. 

160 

No rept 

4,400 

No rept 

(defunct.) 

No rept 

1,076 

15 

13 

No rept 



374 

None. 

None. 

1,500 

15,000 

2,050 

50 

2,035 

125 

12 

94 

800 

None. 

15,000 

None. 

2,531 

150 

1,750 

88 

10 

25 

None. 

4,000 

254 

3 



716 

105 

40 

20 

3,286 

830 

443 

27 

26 

26,600 

90,990 

200 

21,970 

72 

346 

None. 

552 

476 

12,200 

76 

322 

160 

6,122 

50 

90 

167 

42 

None. 

561 

1,000 

9,800 

4,475 

175 

2.221 

34 

13 

160 



1,626 

1,000 

1,000 
None. 

4,400 
460 
200 

3,966 
876 
988 

1,906 
200 

1,000 
None. 

6,000 

2,469 
350 

2,250 

112 

990 

H976 

1,200 

None. 

746 

197 

645 

7,750 
285 
895 

2,960 
980 

3,715 

470 

557 

1,973 

474 

11,625 

4,010 

1,000 

13,030 

928 

664 

1,000 

31,448 

1,624 

3,300 

924 

711 

850 

31,378 

16,460 

10 

833 

14,958 

1,000 

438 

None. 

11,200 

525 

2,325 
779 
132 

487 
840 



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REPORT OP THE STAtE CONTROLLER. 
Statement No. 29— Continued. 



139 



Name and Location op Pubchabjsr. 



Total Num- 
ber of La- 
bels Issued 
to Piir- 
cba»en. 



Number Used by Pce- 

CHA8EB8 TO JUNESO, 1888. 



First Iialf 
Year. 



Second half 
Year. 



Total Num- 
ber Used 
to June 30, 
1888. 



Balance in 

Hands of 

Purchasers 

to Juno 30, 

1888. 



Mette, Henry, Mormon Island 

Meyer, Cm Geyaerville 

Meyers, D. P., Windsor 

Michaelsen Bros., Healdsburg 

Mieling, F. E.. Napa 

Napa Valley Wine Co., San Francisco. 

Palmer, H. <fe Co.. San Francisco 

Palmtak, W., Hollister 

Paris, Eugene, Li vermore 

Poppe, Mrs. J. A., Sonoma 

Portol, J. B. J., San Jos4 

Putzman & Walsh. San Francisco 

Reiser, Theodore, Anaheim 

Roney, J. M., Sonoma 

Rose, L. J. <fe Co. (limited), San Gabriel. 

Rossez, P., Fresno 

Roth & Co., San Francisco 

Rothenberg, S. B., Oakland 

Sabatie, P. G. & Co.. San Francisco 

Santa Clara College, Santa Clara .. 

Sar^nnson, C, Sonoma 

Schilling, C. & Co., San Francisco 

Schirmer, E., Sebastopol 

Schneider, Julia, Anaheim 

Scott, Julius, Healdsburg 

Simi, P. AG., San Francisco 

Skinner, Gegrge M., Green Valley 

Smith, C. E.. Rutherford 

St. Hubert, J. Ch.de, Fresno 

Tbacher, George & Co., San Francisco. 

Thomann, 3., St Helena 

Thomson, E. P., Aqua Caliente 

Tobin, T. and M. E. <s Co., San Francisco 

Toumier, Philip <fc Co., Mayfield 

Tubbs, W. B., Calistoga 

Turk, 1. de, Santa Rosa 

Upham & Co., San Francisco 

Wccener, Julius, Glen EUen 

Weil Bros. & Co., San Francisco 

West, George & Co., Stockton 

Williams, J, D., Cupertino 

WooUacott, H. J ., Los Angeles 

Yaeger & Armbuster, Anaheim 



1,000 
1,000 
1,000 
1,000 
1,000 

61,000 
1,000 
2,330 
1,000 
600 
2,000 
5,000 
500 
1,000 

21,000 
1,000 
4,000 
5,000 
4,000 
1,000 
1,000 

36,000 

500 

1,000 

1,000 

1,000 

1,000 

500 

1,500 

1,000 

3.000 

300 

5,000 

1,000 

2,000 

10,000 

23,500 
1,000 
1,500 
2,500 
1,000 
5,000 
1,000 



285 

222 

None. 

46 

360 

10,752 

None. 

11 

36 

11 

No rept. 

55 

114 

376 

4.850 

350 

800 

260 

93 

95 

45 

32,562 

7 

19 

175 

200 

50 

56 

None. 

185 

160 

25 

3,500 

15 

420 

1,800 

12,390 

50 

None. 

165 

None. 

915 

25 



No rept 

None. 

No rept 

No rept. 

9,566 

No rept 

^6 

No rept. 

None. 

2,000 

Bal. Mis. 

91 

No rept 

No rept. 

No rept. 

3,200 

No rept 

None. 

26 

No rept 

2,438 

No rept 

No rept 

Bal. dest 

No rept 

250 

None. 

Ac. dest 

No rept 

No rept 

No rept. 

No rept. 

113 

None. 

No rept 

8,300 

950 

No rept 

No rept 

None. 

No rept 

No rept 



285 

222 

None. 

47 

360 

20,318 

None. 

347 

38 

11 

2,000 

55 

208 

376 

4,850 

350 

•4,000 

260 

93 

121 

45 

35,000 

7 

19 

176 

200 

300 

56 

None. 

186 

160 

25 

3,500 

128 

420 

1,800 

20,690 

1,000 

None. 

165 

None. 

915 

25 



715 

778 

1,000 

953 

640 

40,682 

1,000 

1,983 

964 

589 

None. 

4,915 

292 

624 

16,150 

650 

None. 

4,740 

3,907 

879 

955 

None. 

493 

981 

825 

800 

700 

444 

1,500 

815 

2,840 

275 

1.500 

872 

1,580 

8,200 

2,810 

None. 

1,600 

2,336 

1.000 

4,086 

976 



In addition the following purchasers have, after repeated requests to do so, failed to 
report at alL (In the case of Schmitz Bros., Santa Ana, notices from this office were 
returned by the Postmaster as undelivered matter. 



Naxv AMD Location or Pubchaseb. 



Total Num- 
ber of La- 
bels Pur* 
chased. 



Bamberger & Kaempfer, San Francisco 

Paul O. Bums Wine Co^San Jos6 

S. Lachman & Co., San Francisco 

F. B. Weis, Downey 

F. Conrad, Anaheim 

W. Degen, Fresno 

Schmitz Bros., Santa Ana 

Total 



6,000 

3^5,000 

35,000 

3,000 

1,000 

3,000 

200 



W,200 



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140 



REPORT OP THft STATE CONTROLLER. 



STATEMENT No. 30. 

Estimate of Expetvditures for the Forty-first and Forty-second Fiscal Years^ ending June 90^1890 

and 1891. 



For What Pubposv. 



Total. 



Legislative Department. 

Per diem and mileage of Lieutenant-Governor and Senators .. 

Per diem and mileage of Assemblymen 

Pay of officers and Clerks of the Senate 

Pay of officers and Clerks of the Assembly 

Contingent expenses of the Senate 

Contingent expenses of the Assembly 



Judicial Department. 



Salaries of Justices of the Supreme Court 

State's portion of salaries of Judges of Superior Courts 

Salary of Clerk of the Supreme Court -..- 

Salaries of Deputy Clerks of the Supreme Court 

Salary of Reporter of the Decisions of the Supreme Court .-. 

Salaries of Secretaries of the Supreme Court 

Salary of Bailiff and performing the work of Porters of Su- 
preme Court 

Pay of Porter for office of Clerk of Supreme Court 

Postage and contingent expenses of Supreme Court 

Postage and contingent expenses of Clerk of the Supreme 
Court 

Expenses of Supreme Court, under Section 47, Code of Civil 
Procedure 

Salary of Stenographer 



For Qovemor's Office. 

Salary of Governor 

Salary of Private Secretary to Governor 

Salary of Executive Secretary to Governor .. 

Pay of Porter to Governor 

Special contingent expenses (secret service) . 
Postage, expressage, and telegraphing 



State Board of Examiners. 

Salary of Secretary of State Board of Examiners... 
Postage and expressage, State Board of Examiners. 

For Secretary of State's Office. 

Salary of Secretary of State 

Salary of Deputy Secretary of State 

Salary of Bookkeeper 

Salaries of Clerks 

Pay of Porter 

Postage, expresdage, and telegraphing 

Contingent and traveling expenses 

For Controller's Office. 

Salary of Controller 

Salary of Deputy 

Salary of Bookkeeper ^ 

Salaries of Clerks ^ 

Pay of Porter 

Postage, expressage, and telegraphing 

Traveling and contingent expenses 

For Treasurer's Office. 

Salary of Treasurer 

Salary of Deputy 

Salary of Clerk 

Salaries of Watchmen 

Pay of Porter 

Postage, expressage, and contingent expenses 



121,000 00 

40,700 00 

6,000 00 

6,200 00 

12,000 00 

18,000 00 



$84,000 00 

242,000 00 

6,000 00 

18.000 00 

5,000 00 

9,600 00 

3,000 00 
600 00 
300 00 

500 00 

32,000 00 
6,000 00 



112,000 00 
6,000 00 
4,000 00 
1,200 00 
5,000 00 
1,000 00 



|3,«)0 00 
200 00 



$6,000 00 
4,800 00 
4,000 00 
7,400 00 

600 00 
1,500 00 

500 00 



$6,000 00 
4,800 00 
4,000 00 

16,000 00 

f)00 00 

1,000 00 

1,600 00 



$6,000 00. 

4,800 00 

3,200 00 

4,800 00 

600 00 

450 00 



Amount carried forward 



$103,900 00 



403^ 00 

29,200 00 
3,800 00 



24,800 00 



33,900 00 



19,860 00 



$618,650 OO 



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REPORT OF THE STATE CONTROLLER. 
Statkmbnt No. 30— Continued. 



141 



Fob What Purfosk. 



Amount. 



Total. 



Amount brought forward 

For Attomey-Oenerars Office. 

Salary of Attorney-General 

Salary of Deputy 

Pay of Porter 

Postage, expressage, and contingent expenses 

TraveTing expenses 

Costs and expenses of suits wherein the State is a party in 
interest 



For Survey or-QeneraVs Office. 

Salary of Surveyor-General 

Salary of Deputy 

Salaries of Clerks 

Pay of Porter 

Postage and expressage 

Contingent expenses 

Purchase of and copying maps 



Traveling expenses of Surveyor-General and Attorney -Gen- 
eral, when engaged in contests between the State and the 
United States, m relation to public lands 

For Office of Superintendent of P\iblic Instruction. 

Salary of Superi n tendent of Public I nstruction 

Salary of Deputy - 

Salary of Clerk 

Salary of clerical assistance in distributing State school books. 

Pay of Porter 

Postage and expressage 

Contingent expenses 

Travehng expenses 

For State Library. 

Salary of State Librarian 

Salaries of two Deputies 

Pay of Porter 

Postage and expressage 

For Milfiary Purposes, 

Salary of Adjutant-General 

Salary of Assistant Adjutant-General 

Fay of Porter 

Postage, expressage, and telegraphing 

Care of State Armory, cleaning and transportation of arms, 

and traveling and contingent expenses 

For armory rents and other expenses of the National Guard . 

For State Printing Office. 

Salary of Superintendent of State Printing 

Support of State Printing Office, including pay of employes... 

For School Text-Book Department. 

Fay of employ^ and for stock and material 

For StcUe Board of Health. 

Salary of Secretary of State Board of Health 

Traveling and contingent expenses 

For Office of Insurance Commissioner. 

Salary of Insurance Commissioner 

Salary of Deputy 



16,000 00 

4.800 00 

000 00 

600 00 

1,000 00 

7,000 00 



16,000 00 
4,800 00 
9,600 00 
600 00 
600 00 
200 00 
800 00 



16,000 00 
4,800 00 
3,200 00 
3,200 00 

600 00 
1,800 00 

200 00 
3,000 00 



16,000 00 

7,200 00 

1,800 00 

400 00 



$6,000 00 

3,600 00 

600 00 

500 00 

1,500 00 
175,000 00 



Amount carried forward . 



16,000 00 
200,000 00 



$6,000 00 
3,000 00 



$6,000 00 
3,600 00 



$618,650 00 



19,900 00 



22,600 00 
1,000 00 



22,800 00 



15,400 00 



187,200 00 

206,000 00 
35,000 00 

8,000 00 

.9,600 00 
$1,146,150 00 



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142 



REPORT OF THE STATE CONTROLLER. 
Statembnt No. 30— Continued. 



Fob What Purpose. 



Amount. 



Total. 



Amount brought forward 

For Board of Railroad Oommissioners. 

Salaries of Railroad Commisaioners 

Salary of Secretary 

Salary of Bailiff 

Office rent 

Fuel, lights, postage, esmressage, and incidental expenses 

Traveling expenses of Railroad Coramissioners, and other per- 
sons in their employ, when traveling in the performance of 
official duties 



$24,000 00 
4,800 00 
2,400 00 
1,800 00 
1,000 00 



500 00 



For the State Board of EqualizcUion, 

Salaries of members of the State Board of Equalization 

Salary of Clerk 

Pay of Porter 

Traveling expenses and contingent clerical assistance 

Postage, expressage, telegraphing, and contingent expenses . . . 

Pay of employes of State Capitol building and grounds 

Salary of Guardian of Yosemite Valley- 

Traveling expenses of State Board of education 

Education and care of deaf, dumb, and blind 

Adult Blind Home 



$24,000 00 

4,800 00 

tiOOOO 

10.000 00 

2,000 00 



For Insane Asylums. 

Support of Insane Asylum at Stockton 

Support of Insane Asylum at Napa 

Home for Feeble-Minded Children. 

Support of Chronic Insane Asylum 

Transportation of insane 

For State Prisons. 

Support of State Prison at San Quentin -* 

Support of State Prison at Folsom 

Transportation of prisoners 

For State Normal Schools. 

Support of State Normal School at San Jos6 

Support of State Normal School at Los Angeles 

For Office of the Bureau of Labor Statistics. 

Salary of Commissioner 

Salary of Deputy 

Stationery and contingent expenses 

Office rent 



$380,000 00 

400,000 00 

55,000 00 

140,000 00 

00,000 00 



$280,000 00 

220,000 00 

66,000 00 



$70,000 00 
30,000 00 



$4,800 00 
3,000 00 
1,000 00 
1,200 00 



Office of the State Board of Horticulture. 
For uses of the State Board of Horticulture 



Office of the State Board of Viticulture. 
For uses of the State Board of Viticulture 



Miscellaneous. 

Payments of rewards offered by the Governor 

Rewards for the arrest and conviction of highway robbers 

Arresting criminals without the limits of the State 

Water for irrigation, purchase of hose and implements to be 

used on the State Capitol grounds 

Forestry Commission 

Mining Bureau 

Water to be used in the Capitol building 

Repairs to Capitol building and furniture, and the purchase of 

carpets 



$5,000 00 
5,000 00 
6,000 00 

3,000 00 
20,000 00 
30,000 00 

1,200 00 

20,000 00 



$1,146,150 00 



34,500 00 



41,400 00 
37,800 00 
3,000 00 
700 00 
85,000 00 
60,000 00 



1.035,000 00 

555,000 00 
100,000 00 



10,000 00 
20,000 00 

20,000 00 



Amount carried forward $90,200 00 



$3,138,550 00 



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REPORT OP THE STATE CONTROLIiER. 
Statbmicnt No. 30— Continued. 



143 



Fob What Purpose. 



Amount. 



Total. 



Amount brought forward 

Stationery, fuel, and lights for Legislature and State officers... 

Purchase of ballot paper 

Official advertising 

Payment of interest on $100,000 to Hastings College of Law... 

Annual reimbursement of the University of California 

Restoration and preservation of fish in tne waters of the State. 
Rent of rooms for Hastings College of Law 

Care of State Burial Grounds 

Pay of Presidential Electors 



$90,200 00 
20.000 00 

4,000 00 

1,500 00 
14,000 00 

9,570 00 
10,000 00 

2,400 00 



$200 00 
500 00 



Aid to State Agricultural Society 

Aid to District Agricultural Society, No. 1 . . 
Aid to District Agricultural Society, No. 2.. 
Aid to District Agricultural Society, No. 3 . . 
Aid to District Agricultural Society, No. 4 . . 
Aid to District Agricultural Society, No. 6 . . 
Aid to District Agricultural Society, No. 6 . . 
Aid to District Agrioultural Society, No. 7 . , 
Aid to District Agricultural Society, No. 8 . . 
Aid to District Agricultural Society, No. 9 . . 
Aid to District Agricultural Society, No. 10 . 
Aid to District Agricultural Society, No. 11 - 
Aid to District Agricultural Society, No. 12 . 
Aid to District Agricultural Society, No. 13 . 
Aid to District Agricultural Society, No. 14 . 
Aid to District Agricultural Society, No. 15 . 
Aid to District Agricultural Society, No. 16 . 
Aid to District Agricultural Society, No. 17 . 
Aid to District Agricultural Society, No. 18 . 
Aid to District Agricultural Society, No. i9 . 
Aid to District Agricultural Society, No. 21 . 
Aid to District Agricultural Society, No. 25 . 
Aid to District Agricultural Society, No. 26 . 



$25,000 00 
4,000 00 
3,000 00 
3,000 00 
3,000 00 
2,400 00 
3,000 00 
2,400 00 
2,000 00 
2,000 00 
2,000 00 
2,400 00 
2,400 00 
3,000 00 
1,500 00 
2,000 00 
1,500 00 
3,000 00 
2,000 00 
2,000 00 
2,600 00 
2,500 00 
2,000 00 



For orphans, half orphans, abandoned children, and foundlings. 

Aged persons in inaigent circumstances 

Inmates of Veterans' Home 



$445,000 00 

300,000 00 

30,000 00 



Total Oeneral Fund estimates 

Total School Fund estimates. 

Total Interest and Sinking Fund estimates. 



Total estimates of the cost of the State government for the 
forty -first and forty-second fiscal years 



$3,138,650 00 



151,670 00 
700 00 



78,600 00 



775,000 00 



$4,144,520 00 

3,200,000 00 

400,000 00 



$7,744,620 00 



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EXHIBITS 



8H0WIKO THB 



ASSESSED VALUE OF PROPERTY 



AS RETURNED BY AUDITORS FOR THB YEAR 1888, 



INDEBTEDNESS OF THE COUNTIES OF THE STATE. 



1887-88. 



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REPORT 



ATTORNEY-GENERAL 



STATE OF CALrB^ORNIA, 



FOR THE YEARS 1887 AND 1888. 



Sacramento: 

STATE OFFICE, : : : : J. D. YOUNG, 8UPT. STATE [PBDJTING. 

1888. 



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REPORT. 



Attorney-General's Office, ) 

Sacramento, September 29, 1888. j 

To Mb Excellency R. W. Waterman, Governor of California : 

Sir: In compliance with law, I herewith respectfully submit my biennial 
report of the condition of affairs of this department, 'accompanying the 
same with a copy of my docket, and have taken the liberty to make such 
suggestions as seem to me advisable. 

The copy of my docket contains a concise statement of the condition of 
all cases in which the State has been interested since the commencement 
of my term of oflSce. 

RAILROAD taxes. 

When I took charge of this department, I found several cases pending 
in the Supreme Court of the United States, on writs of error to the Circuit 
Court for this district, involving taxes levied on the different railroads for 
the years 1883 and 1885. The Circuit Court had rendered judgments in 
favor of the railroads, hence the writs of error sued out by the people. 
Finding that the judgments in the same Court against the State, in suits 
for the recovery of similar taxes for the year 1884, had not been appealed, 
I sued out a writ of error in one of these cases, stipulating with tne oppo- 
site counsel that the judgment in this case should be decisive of the other 
cases for that year. 

Inasmuch as the questions involved were vital questions, greatly affect- 
ing the finance of the State, and in which a very general interest was 
deservedly taken by our people, I made an application to the Court to have 
the cases advanced on the calendar, and although this application was 
opposed by the railroad people, it was successful, and the cases were set 
down for hearing in the Supreme Court for January 9, 1888. 
The cases advanced were as follows: 

The People of the State of California vs. The Central Pacific Railroad 
Company. (No. 660.) 

Same vs. The Southern Pacific Railroad Company. (No. 661.) 
Same vs. The Northern Railway Company. (No. 662.) 
Same vs. The California Pacific Railroad Company. (No. 663.) 
Same vs. The Central Pacific Railroad Company, f No. 664.) 
Same vs. The Central Pacific Railroad Company. (No. 1157.) 
Had these cases not been advanced, they could not have been reached 
on regular call until two years later or thereabout. All of these cases were 
tried, and the findings of fact and law settled, in the Circuit Court, long 
before the commencement of my term of oflBce. 

I had hoped that the cases were in such a condition that the great federal 
questions, whether or not the railroads were allowed due process of law, in 
respect to an opportunity to be heard as to the assessments, and whether or 
not the classification of railroad property for the purposes of assessment 
and taxation, without a deduction of their mortgages, under our Constitu- 
tion and laws, were in harmony with the fourteenth article of amendment 



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4 REPORT OF THE ATTORNEY-GENERAL. 

to the Constitution of the United States, could be definitely and finally 
settled. 

I accordingly went on to Washington the last of December, 1887, and 
in connection with my learned associates, Messrs. Shellabarger & Wilson, 
attorneys at law, Washington, D. C, argued the cases on behalf of the peo- 
ple, and Hon. George E. Edmunds, Hon. W. M. Evarts, and Hon. Creed 
Haymond on behalf of the railroads — ^the argument occupying four hours 
on each side. 

The Court decided in eflfect, that the findings in some of the cases 
included steamers and fences in the assessment, and in other cases in- 
cluded certain federal franchises which could not be assessed. 1" hey held, 
therefore, that the assessments were void. 

Although I am assured by some of the State officers who had this matter 
of assessment in charge, that the findings in the respective cases do not 
express the facts, yet, as the findings of the lower Court were conclusive, 
I could not get a decision on the paramount federal questions above referred 
to, and the judgments of affirmance were based on minor issues. There 
was great neglieence by some one in fespect to these findings, and the 
people were hanaicapped by records thus gotten up long before I came into 
office. 

I hope to have some new cases ready for the October term, 1889, of the 
Supreme Court of the United States, if I can get them advanced on the 
calendar. In that event an early decision of the paramount federal 
questions hereinbefore referred to may be expected. I am in favor of no 
amendment to our State Constitution, unless such a decision renders it 
necessary, which I do not at all apprehend. 

I have been informed, unofficially, however, that the railroads which have 
franchises from the government of the United States, are *' minded " to pay 
60 per cent of their taxes for the years 1886 and 1887, to be in full for those 
years. I deem it proper to make this communication to your Excellency 
for such action on your part as you may deem best in your biennial mes- 
sage to the Legislature; but will add that without a distinct authorization 
from the Leeislature to so settle, I could not entertain the proposition if 
officially made to me. In the event of such an authorization, if I conclude 
that it is constitutional, I would act on it provided the oflTer is made. 

I would advise that a law be passed by the next Legislature, authorizing 
the reassessment of the railroads for those years where the assessments 
have proven void under the decisions of the Supreme Court of the United 
States. 

I would also advise that a law be passed declaring forfeited the charters 
of such corporations as shall fail to pay their taxes within a designated 
time after they shall become due. Section 3669 of the Political Code 
should be amended so as to declare a forfeiture if this is not done. 

A law should also be passed authorizing the Tax Collector to sell railroad 
property for the payment of their delinquent taxes the same as any other 
property, and the prosecution of suits for the recovery of such taxes should 
only be a cumulative remedy. In order to have an efficient financial 
regime in this matter, no suit for the purpose of restraining the assessment 
or collection of any tax should be permitted by our laws in any Court, but 
they should provide that before the validity of any tax can be in any way 
questioned, the tax must be first paid to the proper officer or officers, with 
a reservation to the party paying of all his rights, by a suit to recover back 
the amount so paid or any part thereof, on ietccount of such tax being 
invalid. 

The Legislature of 1887 appropriated the sum of $5,000 for expenses to 



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REPORT OP THE ATTORNEY-GENERAL. 5 

be incurred in the cases at Washington, which I argued as before stated, in 
connection with Messrs. Shellabarger & Wilson. I paid those gentlemen 
for their services $3,500 in the six cases, which was a very reasonable fee. 
After paying traveling expenses, cost of printing briefs, and costs of Court, 
there is still to the credit of that fund in the State Treasury a surplus of a 
few hundred dollars, as shown by " Exhibit A" appended hereto. I would 
further advise that an additional appropriation be made to carry on any 
litigation with the railroads, or other litigation of the State, that may be 
taken to the Supreme Court of the United States. Section 3665 of the 
Political Code, and other cognate sections, should be amended so as to 
authorize the State Board of Equalization to assess only the franchise, 
roadway, roadbed, rails, and rolling stock of all railroads operated in more 
than one county in the State, eUminating steamers and other objectionable 
specifications, and authorizing the County Assessor to assess all of their 
other property which does not unquestionably come within the five cata- 
logues of franchise, roadway, roadbed, rails, and rolling stock. Too much 
attention cannot be given to this subject, as the railroad corporations made 
a persistent and stereotjrped effort to escape from taxation, because certain 
species of railroad propertv are assessed by the State Board of Equaliza- 
tion, which they claimed should be assessed by the County Assessors. 

As far as due process of law is concerned, it is unquestionably accorded 
to the railroad corporations by our present Constitution and laws, and it is 
not necessary to make any change m our present law in that regard. 

As far as the deduction of their mortgages from the assessed value of 
their property is concerned, I believe our present system is in harmony 
with the fourteenth article of amendment, and gives them the equal pro- 
tection of the laws, even if that article has any reference to this subject- 
matter. 

It is claimed, however, by some persons whose opinions are entitled to 
respect, that if a law were passed giving these railroad corporations the 
right where they pay the whole tax to recover from their mortgagees or bond- 
holders the proportional part which the latter would equitably bear if they 
were dealing with private persons, and not with quasi-public corporations, 
the railroad corporations would then be *' minded " to pay their taxes. I 
see no objection to the passage of such a law to compass this result, as 
from the railroad standpoint, it would be constitutional, even if the law 
should prove to be a dead letter on the statute books. I here reiterate, 
however, that our present constitutional provision on this subject is in 
entire harmony with the Federal Constitution. 

It is confidently believed that such additional legislation as herein pro- 
-pOBed should insure the faithful collection of the revenues of the State, 
and in the elaboration of any bills to effectuate these suggestions, this 
office will give the proper legislative committee or committees all the 
assistance in its power. 

CRIBilNAL BUSINESS. 

Your Excellency will see from the accompanying transcript of my 
docket that a very large percentage of the cases, as is always the case, is 
of a criminal character. The length of the criminal calendar is not 
attributable to any moral retrogression of our people, but to the fact 
above stated, combined with the large influx of new people into the State, 
and the building up of fresh centers of trade, with all their incidental and 
concomitant conflicts. I think it will be seen, however, from the numer- 
ous judgments of affirmance, that the guilty do not escape. 

It would facilitate the performance of the duties of this office very 



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6 REPORT OF THE ATTORNEY-GENERAL. 

much if a law were passed requiring appellants to file and serve their 
points and authorities on the Attorney-General, at least five days before 
the cause is called for trial in the Supreme Court; otherwise, the appeal to 
be dismissed in the discretion of the Supreme Court, and if the appeal is 
not dismissed, the Attorney-General to have not less than twenty chys to 
reply to appellant's points when filed. As it is now this olSice has fre- 
quently no Knowledge of the points which the appellant will make until 
the oral argument is had. 

It would be a proper step in the same direction to require District 
Attorneys, by proper legislation, to furnish the Attorney-General with a 
concise statement of the facts of any case, and the points and authorities 
made and cited in the Court below, within ten days after the appeal is 
taken. As it is now this is seldom done, throwing the burden upon this 
office of reading over numerous volumes of manuscript, and arriving at 
the points in issue from a confused mass of material. 

It should also be made a county charge to print all criminal records on 
appeal, within a given number of days after trie appeal is taken, and also 
to print within a specified time all bills of exceptions settled after the 
appeal. As it now is, many manuscripts are often almost illegible, and 
require a great waste of time in this office in deciphering them. 

ATTACHES. 

I respectfully submit also that the Legislature should allow a clerk for 
this office. There is not another State officer who has not this- help. In 
the State of Texas there are four employes in the Attorney-General's office, 
and Texas has no such metropolitan center as San Francisco to flood the 
calendars with civil and criminal business in which the people are inter- 
ested. 

The writing of opinions and letters in answer to inquiries from all parts 
of the State consumes a great deal of time, and with the copying of the 
same entails a great deal of labor. 

One of my predecessors, in his report 1881-82, states that during the 
three years of his incumbency opinions were given by him " covering over 
twelve hundred pages of ordinary letter-book." The letter-books of this 
office during mv incumbency, a period of one year and nine months, show 
fifteen hundrea pages of official letters and opinions, being at the rate of 
about eight hundred and fifty pages a year. AH this and other work has 
been done with the assistance of only one deputy. Some of the Attorney- 
Generals of other States accompany their reports with copies of their 
opinions. Should I follow this precedent, this report, instead of making a 
common sized pamphlet, would become a bulky volume. 

STATE BOARD OF EXAMINERS, BOARD OF MILITARY AUDITORS, ETC. 

Besides the other duties devolved upon this office are those incident to a 
membership of the above named Boards. The law should be changed in 
this regard. If it is desirable to consult the Attorney-General on any such 
claims, it can be done without his being a member of either Board. In- 
deed, for obvious reasons he should not be a member, as in the event of 
the Controller's defending against any such claims, he naturally expects 
the assistance of this office in making his defense. Besides, it entails a 
great deal of routine labor which should be imposed elsewhere. 

The same may be said as to the required assistance of this office in 
counting the money monthly in the State Treasury; also, in awarding con- 



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REPORT OF THE ATTORNEY-GENERAL. 7 

tracts on bids for material to be used in the State Printing Office. The 
Attorney-General, with his other manifold duties, should be free from any 
Buch complication, as no legal question for his solution is involved. I 
would respectfullv suggest, therefore, that a law be passed to the effect 
that he shall not be a member of any Board or Commission. 

THE JAMES HOPE CASE. 

Your predecessor, Grovemor Bartlett, at the suggestion of the Governor 
of New York, requested me to assist the other counsel for the people in the 
extradition of this criminal to the State of New York to answer there cer- 
tain indictments against him for burglary, including an escape from the 
State Prison at Auburn. He applied for a writ of nabeas corpus on one 
set of papers, and was discharged; but was immediately rearrested on 
another set, which had been kept in abeyance and readiness, and on which 
he was finally held. The Governor of New York complained very much 
of his having to keep his agents here for so long a time, awaiting the result 
of these habeas corpus cases. 

As far as Governor Bartlett was concerned, and this office, no pains were 
spared to effect and expedite the extradition of Hope, who was a notorious 
burglar, with an unsavory reputation in several States. His extradition 
was finally accomplished, and he was safely landed in the Auburn prison. 
I desire also to thank my associate counsel for their able efforts in bring- 
ing about this consummation. 

THE EMBRACERY GASES. 

These were cases out of the usual line of my duties, but to which I gave 
such personal attention as I could. Your Excellency deeming it proper 
that the prosecution should be assisted, especially in view of my contem- 
plated departure to Washington to argue the tax cases, signified your desire 
that there should be assistant counsel. I accordingly employed Greorge 
R. B. Hayes, Esq., attorney at law, San Francisco, to assist the District 
Attorney of that city, his fees to be contingent on such allowance as the 
Legislature should see proper to make, except a cash payment of $750, 
which was approved by me, and paid him out of the appropriation for 
costs and expenses of suits. 

About the time of the conclusion of the argument in the tax cases, I 
received a dispatch that the Morrow case would be called for trial in about 
a week; so I had to leave Washington without delay, arriving at Santa 
Rosa, the place of trial, the evening before the day the case was called for 
trial. 

A postponement, however, was had for a week, and then the case was 
tried, resulting in an acquittal. The prosecution labored under a great 
many disadvantages, chief of which was that many of the witnesses were 
scattered, and unable to be had. Northey, however, on a separate trial 
at San Francisco, was convicted, and I have recently argued the case in 
the Supreme Court on appeal. No decision has as yet been rendered. 

On account of the character of the alleged crimes, the cases attracted 
very general interest, and justified the efforts that were made for convic- 
tions. Mr. Haves should be allowed a reasonable fee for his services in 
such of the embracery cases as he attended to under the said employment, 
less the amount already paid him. 

I suggest that the appropriations for the support of this department be 
continued for the next two years without change, except as to the item for 



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» REPORT OF THE ATTORNEY-GENERAL. 

costs and expenses of suits, which should be larger, as it is used for this 
purpose both by this office and the Controller's office, and which was larger 
ten or twelve years ago, when there was not near so much State litigation; 
except, also, as to the item for postage and contingent expenses, which was 
not sufficient the first year to pay the expenditures for this purpose. It 
should be $500 for the next two fiscal years, which would enable this office 
to get such law books and current legal literature as are absolutely nec- 
essary. 

•Hoping that the suggestions embodied herein will meet with your Ex- 
cellency's approval, I have the honor to be, 

Very respectfully, your obedient servant, 

G. A. JOHNSON, 

Attomey-Gteneral. 



"Exhibit A." 

Statement of Expenditures. 

I hereby certify that when I came into office the appropriations made 
for this department were exhausted, except tiie sum of $185 45 to the credit 
of the appropriation for postage, expressage, and contingent expenses, and 
except the sum of $359 60 to the credit of the appropriation for traveling 
expenses. 

Between that date and the commencement of the next fiscal year, July 
1, 1887 (the thirty-ninth fiscal year), I expended of the first named sum, 
$185 30, which included the purchase of necessary books and current legal 
literature for this office, which are on hand, and of the last named sum, 
$141 50, the balance, $218 10, lapsing into the treasury. 

The Legislature of 1887 appropriated for the thirty-ninth and fortieth 
fiscal years, as follows: 

For postage, expressage, and contingent expenses $200 

For traveling expenses 2,000 

For costs and expanses of suits, when the State is a party in interest 5,000 

One half of which was for the thirty-ninth fiscal year, to wit, from July 
1, 1887, to July 1, 1888. 

The appropriation of $100 for postage, expressage, and contingent 
expenses for tne thirty-ninth fiscal year, was entirely exhausted by moneys 
expended by me, the appropriation not covering the expenditures. 

Of the appropriation for traveling expenses for the same fiscal year, the 
sum of $671 60 was expended by this office, but this sum includes part of 
my traveling expenses to Washington, to wit, $300. 

Of the appropriation for costs and expenses of suits for the same fiscal 
year, the sum of $1,300 37 was expended, part of which, however, was for 
costs and expenses of suits on behalf of the Controller of Statis. This 
appropriation is to cover costs and expenses of suits of the State Controller 
and Attorney-General. 

The Legislature of 1887 made an appropriation of $5,000 for any expenses 
or disbursements to be incurred by me in the litigation in the Supreme 
Court of the United States, already referred to in this report. 

Of this amount there has been drawn by me the sum of $4,656 18. In 
this sum of $4,656 18 are included $3,500 paid to Messrs. Shellabarger & 



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REPORT OP THE ATTORNEY-GENERAL. 9 

Wilson, also costs of Court, printing, telegraphing, and balance of traveling 
and other expenses paid out by me in connection with the tax cases, and 
also the sum of $443 40, which was returned by me to the State Treasury 
as unexpended money, and which was placed to the credit of this appro- 
priation. 

Part of this sum of $443 60 was for an unused deposit in the tax cases 
to the credit of the people, and which was accordingly returned to me by 
the Clerk of 'the Supreme Court of the United States, and part was for 
money which I had no occasion to use in connection with that litigation. 
Thus it will be seen that there is still to the credit of the United States 
Supreme Court appropriation the sum of $787 22. The expenditures for 
the fortieth fiscal year, ending July 1, 1889, are only partly incurred, and 
will be embraced in my next biennial report. 



State of California, ) 
County of Sacramento, j ®®* 

G. A. Johnson, Attorney-General of the State of California, being duly 
sworn, deposes and says, that the above and foregoing contains a true and 
correct statement of the manner in which appropriations for the support 
of the office of Attorney-General, except salaries, have been expended by 
him for the periods named herein. 

G. A. JOHNSON. 

Subscribed and sworn to before me this twenty-ninth day of September, 
A. D. 1888. 

S. P. Maslin, 
Secretary of the State Board of Examiners. 



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Judgment reversed, 
with directions to 
lower Court to enter 
ludgment in favor of 
Plaintiff as prayed 
for. 


Transcript filed No- 
vember 13, 1884. 
Judgment affirmed 
ApiS 30, 1888. 


Judgment and order 
affirmed May 16, 
1888. 


Cause submitted on agreed set- 
tlement, and judgment for 
Defendant January 28, 1884. 
NoUce of appeal tiled Feb- 
ruary 25, 1884. 


Complaint filed February 28, 
1883. Demurrer to com- 
plaint filed July 21, 1883. 
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ary 11, 1884. Notice of ap- 
peal filed October 1, 1884. 


Complaint filed November 8, 
1883. Judgment for Defend- 
ants February 25. 1884. 
Notice of appeal served and 
filed January 30, 1884. 

• 


By petition to prevent 
Defendant from declar- 
ing dividend from un- 
collected interest 


By complaint to recover 
damages for breach of 
contract 


Complaint to prevent 
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tering a park in the 
City and Cfounty of San 
Francisco. 


1 


Civil. 




Superior Court 
of Ban Fran- 
cisco. 


Superior Court 
of San Fran- 
cisco. 


Superior Court 
of San Fran- 
cisco. 


9106— People, etc., ex rel. 
Bank Commissioners, 
Appellant, vs. San 
Francisco Savings 
Union, Respondent 
Attorney-General for 
Appellant, Jarboe, 
Harrison A Goodfel- 
low for Respondent 


9791— People, etc., ex rel. 
E. C. Marshall, Attor- 
ney-General. Appel- 
lant vs. The Central 
Pacific Railway Com- 
pany, Respondent 
Wm. M. Pierson for 
Appellant, Garber, 
Thornton & Bishop 
for Respondent 


9738— The People, etc., 
ex rel. J. Britton, 
Appellant vs. Park, 
Ocean Railroad Com- 
pany, and Pacific Im- 
provement Company, 
City and County of 
San Francisco, Inter- 
venors. Taylor A 
Haight, attorneys for 
Appellant McAllister 
& Bergin for Respond- 
ent, Wm. Craig for In- 
tervenor. 



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RKPORT 



SUEYEYOK-GENEEAL 



STATE OF CALIFORNIA, 



From Auqusx i, 1886, to AUQUST l, 1888. 



SACRAMENTO: 
STATE OFFICE : : : : J. D. yodnq, supt. state PRIWnNQ. 

1888. 



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REPORT. 



State of California, Office of Surveyor-General, | 
Sacramento, August 1, 1888. ) 

To his Excellency R. W. Waterman, Governor of California: 

Dear Sir: In accordance with the requirements of the law relating to 
the duties of the Surveyor-General, I have the honor to submit the follow- 
ing report of the transactions of this office from August 1, 1886, to August 

THEO. REICHERT, 
Surveyor-Greneral and ex officio Register of the State Land Office. 



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REPORT OF THE SURVEYOR-GENERAL. 
AREA OF THE ETTATE OF CALIFORNIA. 



The following statement, the latest procurable, furnished by the United 
States Surveyor-General for California in 1882, shows that the estimated 
area of the State of California is 100,500,000 acres, apportioned as follows: 



Subdivision. 



Aro^r— Acres. 



Agricultural and mineral lands surveyed to June 30, 1882 

Agricultural and mineral lands unsurveyed 

Private grants patented •. 

Private grants not settled 

Indian military reservations 

Lakes, islands, bavs, and navigable rivers 

Swamp and overflowed lands surveyed 

Swamp and overflowed lands unsurveyed 

Salt marsh and tide lands around San Francisco Bay 

Salt marsh and tide lands around Humboldt Bay 

Total 



61,887,392 

26,211,501 

8,383,375 

341,650 

318,631 

1,631,700 

1,635,227 

85,524 

lOOiOOO 

6,000 



100,500,000 



GENERAL OFFICE BUSINESS. 

Applications to purchase school lands have been received and filed as 
follows : 



DlOTRICTO. 


From 
Ang.l.lSSO.to 
Aug. 1, 1882. 


From 
Aug. 1,1882, to 
Aug. 1, 1884. 


From 
Aug. 1,1884, to 
Aug. 1, 1886. 


From 
Aug. 1,1886, to 
Aug. 1, 1888. 




Acres. 


Acres. 


Acres. 


Acres. 


In the Los Angeles District - 


18,346.24 

9,900.00 

14,023.17 

40,137.15 

4,563.88 

6,398.18 

11,843.54 

15,676.83 

3,763.30 

4,736.29 

28,138.80 


64,059.36 
16,200.00 
13,500.37 
84,906.64 
17,968.98 

9,119.92 
13,614.29 

9,027.84 

33,303.36 

30,398.50 

196,677.58 


118,575.92 

122,992.68 
29,024.04 

118,575.92 
29,228.56 
11,569.90 
12,8?5.42 
36,794.43 
38,354.05 
36,203.36 

153,361.79 


983,510.31 
285,325.28 
127,466.11 
403,400.52 


In the Visalia District 


In the Stockton District 


In the San Francisco District 


In the Sacramento District ........._._ 


77,936.92 


In the Bodie District, now Independence 
In the Marysville District 


370,299.31 

58,301.22 

457,540.52 

331,102.83 

68,480.02 


In the Susan ville District 


In the Shasta District 


In the Humboldt District 


For swamp and overflowed lands 


148,543.64 


Totals 


157,527.38 


488,776.^4 


707,565.97 


3312,406.68 





Approvals of applications have been made as follows: 





From 

Aug. 1,1880, to 

Aug. 1, 1882. 


From 
Aug. 1,1882, to 
Aug. 1,1884. 


From 
Aug. 1,1884, to 
Aug. 1, 1886. 


From 
Aug. 1,1 886, to 
Aug. 1, 1888. 




Acres. 


Acres. 


Acres. 


Acres. 


For school lands, covering 

For swamp and overflowed lands, cover- 
ing ____.>-_.. ..-.-.....-...-. 


75,503.36 
21,046.39 


210,865.63 
71,423.73 


350,881.11 
154,^75.37 


781,395.17 
34,186.43 






Totals 


96,649.75 


282,289.26 


505,256.48 


815,581.60 







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REPORT OF THE SURVEYOR-GENERAL. 



LANDS LISTED TO THE STATE. 



From August 1, 1886, to August 1, 1888, the following amounts of land 
have been listed to the State of California by the United States: 



Lands Listed. 



Swamp land grant 

A^cultural College grant . 
Liea grant 



3,053.19 
4.780.55 
2,703.96 



CONTESTED CASES. 



From the office of Surveyor-General two hundred and one orders of refer- 
ence to the Superior Courts were issued from August 1, 1886, to August 1, 
1888. 

CERTIFICATES OP PURCHASE ISSUED. 



From August 1, 1880, to August 1, 1882: 



Gbamt. 



Number of 
Certiflcatea. 



Sixteenth and Thirty-sixth Sections. 

Five Hundred Thousand Acres 

Swamp and Overflowed Lands 



Totals. 



256 

7 

41 



304 



51,645.17 

2.800.00 

10.812.59 



65,257.76 



From August 1, 1882, to August 1, 1884: 



Orakt. 



Number of 
Gertiflcatefl. 



Sixteenth and Thirty-sixth Sections. 

Five Hundred Thousand Acres 

Swamp and Overflowed Lands 



Totals . 



881 

22 

131 



1.034 



179,295.36 

6,646.42 

56,458.05 



242,399.83 



From August 1, 1884, to August 1, 1886: 



Gbant. 



Number of 
Certificatefl. 




Acres. 



Sixteenth and Thirty -sixth Sections . 

Kive Hundred Thousand Acres 

Swamp and Overflowed Lands 

Tide Lands 



ToUls . 



274,530.91 

360.00 

129,893.69 

4,217.78 



409,002.38 



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6 REPORT OP THE SURVEYOR-GENERAL. 

Prom August 1, 1886, to August 1, 1888: 



GiLAKT. 



Namber of 
Oertiflcatoa. 



Acres. 



Sixteenth and Thirty-sixth Sections 

Swamp and Overflowed Lands 

Tide Lands '- 

Totals 



1373 
131 

18 



1,622 



487,523.44 

37,987.91 

2.411.11 



527,922.46 



PATENTS ISSUED. 

Prom August 1, 1880, to August 1, 1882: 

Gramt. 

Sixteenth and Thirty-sixth Sections 

Five Hundred Thousand Acres 

Seventy-two Sections (Seminary) 

Swamp and Overflowed Lands 

Tide Lands 

Totals 




Acref. 



114,447.29 

16,804.57 

160.00 

72,689.12 

546.63 



204,647.61 



Prom August 1, 1882, to August 1, 1884: 



Grant. 




Sixteenth and Thirty-sixth Sections 

Five Hundred Thousand Acres 

Swamp and Overflowed Lands 

Salt Marsh and Tide Lands 

Totals 



219,852.22 

35,790.11 

82,124.58 

1,769.58 



Prom August 1, 1884, to August 1, 1886 

Grant. 

Sixteenth and Thirty -sixth Sections 

Five Hundred Thousand Acres 

Swamp and Overflowed Lands 

Tide Lands 

Totals 




117,567.00 

9,544.51 

78,028.78 

968.12 



206,108.41 



Prom August 1, 1886, to August 1, 1888 

Grant. 

Sixteenth and Thirty-sixth Sections 

Five Hundred Thousand Acres 

Seventy-two Sections (Seminary) 

Ten Sections (Public Buildings) 

Swamp and Overflowed Lands 

Tide Lands 

Totals 



Number of 
Patents. 



701 

35 

1 

1 

270 

12 



1,020 



220,825.87 

9,319.89 

320.00 

160.00 

95,934.96 

(J26.84 



327,187.56 



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REPORT OP THE SURVEYOR-GENERAL. 



Since August 1, 1886, the date of the last report from this office, Swamp 
Land Distncts have been organized and reported to this office, as follows: 



Number of 
District. 



Goanty. 



Date of FiUng. 



490 
491 
492 
493 
491 
496. 
496 
497. 
496 
499 
500. 
501. 
602. 
503. 
5(M. 
506. 
506. 
607. 
508. 
509. 
510. 
611. 
512. 
513. 
614 



Lassen . . 
Colusa .. 
Lassen.. 
Tulare -. 
Tulare .. 
Shasta .. 
Tulare .. 
Lassen.. 
Shasta .. 
Lassen . . 
Lassen.. 
Solano.. 
Modoc.. 
Solano.. 
Tulare .. 
Plumas . 
Plumas . 
Modoc .. 
Modoc.. 
Tulare .. 
Lassen.. 
Modoc -. 
Modoc -. 
Modoc .. 
Modoc .. 



August 6, 1886. 

August 19. 1886. 

....October 11, 1886. 
-November 11, 1886. 
- December 27, 1886. 
..-January 26, 1887. 
...January 26, 1887. 

March 22, 1887. 

March 25, 1887. 

AprU15, 1887. 

May 21, 1887. 

June 16, 1887. 

July 16, 1887. 

-September 30, 1887. 
... October 18, 1887. 
...October 21, 1887. 
December 17, 1887. 
...January 20, 1888. 
...January 20, 1888. 
...January 20, 1888. 

March 22, 1888. 

July 21, 1888. 

July 21, 1888. 

July 21, 1888. 

July 21, 1888. 



Since August 1, 1886, and up to August 1, 1888, evidence of complete 
reclamation, or the expenditure of two dollars per acre on works of reclama- 
tion, have been received from County Boards of Supervisors for the fol- 
lowing described Swamp Land Districts, and the proper statements in 
relation thereto have been sent to the County Treasurers: 



Number of 
Difftrict. 



Gotmty. 



Ar oft Acreg. 



Amount of Pur- 
chaM Money re- 
ported to Coan^y 
Treaaaren. 



Bemarkfl. 



490. 
492. 
483. 
279. 
853. 
496. 
494. 
496. 
497. 
486. 
499. 
500. 
502. 
408. 
503. 
276. 
504. 
484. 
487. 
470. 
506. 
fi07. 
506. 
509 
510 



Modoc — 

Lassen 

Tulare .— 
Tulare ..- 
Tulare ._.- 

Shasta 

Tulare 

Tulare 

Lassen — 

Lassen 

Lassen — 

Lassen 

Modoc 

Shasta .... 

Solano 

Solano 

Tulare 

Tulare 

Humboldt 

Modoc 

Plumas ... 

Modoc 

Modoc — 

Tulare 

Lassen — 

Totals... 



160.00 
276.95 
760.00 

6^1.32 

1^280.00 
400.00 
633.60 

1,269.53 

531.00 

240.00 

40.00 

2,949.54 
640.00 
560.00 
533.71 

1,167.20 
640.00 

5,167.10 
648.14 

1,280.00 
120.00 
160.00 
164.92 

1,832.83 
218.38 



^36 

68 

183 

14,067 

463 

114 

176 

541 

123 

81 

9 

684 

157 

144 

593 

682 

195 

1,166 

1,178 

276 

28 

40 

39 

384 

75 



Complete. 

Complete. 

.Complete. 

Complete. 

Complete. 

Complete. 

%2 per acre expended. 

Complete. 

- Complete. 

1 Complete. 

Complete. 

Complete. 

Comi)lete. 

Complete. 

^2 per acre expended. 
$2 per acre expended. 

Complete. 

Complete. 

^2 per acre expended. 

Complete. 

Complete. 

Complete. 

Complete. 

Complete. 

Complete. 



28,203.22 



^21,515 42 



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REPORT OP THE SURVEYOR-GENERAL. 



FEES. 





From 
Auguirt 1,1880, to 
August 1, 1882. 


From 
August 1,1882, to 
August 1, 1884. 


From 
Angnstl, 1884, to 
August 1, 1886. 


Amount collected as Sarveyor-General, and 
paid into the State Treasury 


$4,554 25 
4,742 05 


$9,730 00 
6,451 00 


$13,116 25 


Amount collected as Register of State Land 
Office, and paid into the State Treasury 


7,150 00 


Total amount collected 


$9,296 30 


$16,181 00 


$20,266 25 







Amount collected as Surveyor-General, and paid into the State Treasury, 
ftom August 1, 1886, to August 1, 1888: 

1886— August $414 00 

September 372 00 

October 304 50 

November 387 50 

December 561 00 

1887— January 43100 

February 440 00 

March 946 60 

AprU 638 50 

May 703 00 

June 1,405 50 

July 1.349 00 

Au^st 2,625 50 

September 2,100 50 

October — :-. 2.040 50 

November 2,206 00 

December 2,732 00 

1888-January 2,040 00 

February 3,060 60 

March 3.160 00 

April 2,151 00 

May .. 1,523 00 

June 1,609 00 

July 1.276 00 

Total $34^75 60 

Amount of fees collected by Register State Land OflBce, and paid to the 
State Treasurer, from August 1, 1886, to August 1, 1888: 

1886— August $82 60 

September 121 00 

October 81 00 

November 109 60 

December 189 60 

1887— January 1,047 00 

February 161 50 

March..-.- 1 105 00 

April 410 50 

May 114 00 

June 767 00 

July 129 00 

August 150 00 

September 120 00 

October 287 00 

November 100 00 

December 174 00 

1888— January 1,139 00 

February 667 00 

March 162 50 

April 369 00 

May 170 60 

June 1.088 60 

July 279 00 

Total $7,983 00 



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REPORT OF THE SURVEYOR-GENERAL. 9 

Amount of fees collected for attesting patents and paid to Secretary of 
State, from August 1, 1886, to August 1, 1888: 

ISSe-August |«2 00 

September 83 00 

October 60 00 

November 116 00 

December 81 00 

1887— January 70 00 

February 83 00 

March 53 00 

April 186 00 

May 61 00 

June Ill 00 

July 71 00 

August 128 00 

September 76 00 

October 163 00 

November 128 00 

December 132 00 

1888— January 72 00 

February 145 00 

March 81 00 

April 140 00 

May 102 00 

June 1 71 00 

July 72 00 

Total : 12,320 00 

Amount collected as Surveyor-General 134,375 60 

Amount collected as Raster State Land Office 7,983 00 

Amount collected for Secretary of State 2,320 00 

Total 144,678 60 

From August 1, 1886, to August 1, 1888, three thousand one hundred 
and eighty rejected applications and nearly $16,000 have been returned to 
applicants or their attorneys. During the same period over nine thousand 
letters have been received and answered. 

In May of this year complete delinquent lists were sent to the District 
Attorneys of each county in the State where there were delinquent pur- 
chasers of State School Lands. 

DELINQUENT INTEBEST ON STATE LANDS. 

Suits in foreclosure, instituted because of the non-payment of the annual 
interest due on State lands, are extremely expensive legal proceedings; 
and long experience has demonstrated that such suits invariably result in 
loss rather tnan benefit to the interest of the State. If the lands are of 
value the delinquent interest is always paid, even though it often amounts 
to as much as the principal. On the other hand, when the lands revert to 
the State they are found to be of no value whatever, and the State suflfers 
the loss of the expense of the suit in foreclosure. During the last eighteen 
years the Registers have sent out the delinquent hsts only seven times, 
though required to do so annually. 

I concur with the expressed opinion of my predecessor, that the law 
should be changed so as not to require the issuance of delinquent lists 
oftener than once in four years, or else fix a limit to the cost of foreclosure 
so as not to absorb all the money received by the State. The law of 1863 
fixed a limit to the amount payable in such suits; but the costs now 
demanded are generally much greater than the amount collected by the 
State. 



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10 REPORT OF THE SURVEYORS-GENERAL. 

STATE SCHOOL LANDS. 

I would also recommend an examination, by such methods as the Leg- 
islature may prescribe, of the remaining unsold State School Lands, with 
a view of discovering their quality and grading their value, in order that 
the lands may be sold at an approximation to their true value, and the 
School Fimd thereby be increased by a much larger amount than it would 
be if the land were sold at the present price of $1 26 an acre. 

FIVE HUNDRED THOUSAND-ACRE GRANT. 

I would also recommend the adoption of a concurrent resolution request- 
ing OUT delegates in Congress to use their best endeavors before the Depart- 
ment of the Interior to secure the final settlement between the State and 
the United States of the five hundred thousand-acre grant, believing that 
there is still a balance due the State of California of some ten thousand 
acres. 

A close inspection of the foregoing tabulated statements, showing the 
number of patents and certificates issued, and amount of acreage entered, 
will indicate the largely increased sale of lands (far in excess of that under 
any former administration), and the consequent increase in the volume of 
labor devolving upon the Surveyor-General and his assistants during the 
present incumbency. In order to keep pace with the lai^e accumulation 
of work incident to this great volume of business, the clerical force of my 
office has been steadily employed early and late. The large increase of 
fees received shows conclusively that never before in the history of this 
office has such an unprecedented amount of business been transacted. 

The office during the past two years has not only been self-sustaining, 
but has paid into the Treasury of the State a large surplus. 

The indexing and transcribing of the lieu books are now some six 
months in arrears, owing to the small clerical force not having the time to 
devote to this work. The completion of this work is a matter of importance 
to the pubUc, and will be finished as soon as time is found. 

The last Legislature appropriated $2,000 for the purchase of maps and 
copying the same for the two fiscal years ending July 1, 1889 — $1,000 of 
which was judiciously expended during the fiscal year ending July 1, 1888, 
in copying and transcribing the old and mutilated tract books into new 
ones, which had already been purchased. The work is being prosecuted 
and will be completed at no distant day. 

With the consent of the honorable Board of Examiners, this office 
employed an extra clerk for the period of four months, in order to assist 
the regular force in the prosecution of the pubhc business, incurring an 
expense of $532, and I respectfully ask that the payment of this claim be 
recommended to the honorable Legislature for passage. 

I take this opportunity to extend my thanks to my assistants, who have 
labored day and night to cope with the unexpected and unprecedented 
volume of business, without a complaint or expectation of reward. 

In conclusion, I would suggest that this office be allowed two extra clerks, 
to be employed whenever — ^in the discretion of the Surveyor-Greneral— their 
services may be required; also, that the appropriation for postage and ex- 
pressage be increased, as the present amount is found to be inadequate for 
the requirements of the business of this office. 

Inasmuch as by Section 483 of the Political Code the State Surveyor- 
Greneral is required to report to the Governor ^* all facts in his opinion cat- 
cvlated to promote the development of the resources of the State, ^^ 1 deem it 



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REPORT OF THE SURVEYOR-GENERAL. 11 

my dutjr to make some suggestions to your Excellency, relative to matters 
which I consider to be, at present, of the most vital importance to the inter- 
ests of the State. 

Since man receives from the soil and the use of water all things neces- 
sary for the support of his body, the laws regulating the distribution and 
use of these elements are of the highest importance in the economy of civ- 
ilized life, and should seriously occupy the attention of those officers of the 
Government whose duty it is to frame such laws as may be required for 
the protection of property and for the equitable adjustment of the right to 
use such elements as are inseparable from the necessities of human 
existence. 

Fortunately for the prosperity of the State, the recent decisions of the 
highest tribunals of the country have done much toward settling forever 
all questions with respect to Spanish land grants in California, which for 
more than thirty years have harrassed the people, occupied the Courts, and 
retarded the prosperity of the country. 

The report of my predecessor of 1886 shows, that of the eight hundred 
and thirteen claims of Spanish and Mexican land grants presented to the 
Land Commission, under the Act of the tKird of March, 1851, only a few 
remain to be patented, and most of these are small lots forming parts of 
grants, sold in small parcels to individuals; so that the vexatious questions 
relative to Spanish and Mexican land grants in California may be consid- 
ered as practically settled. 

There is, however, another question, which is now agitating the i)eople of 
the State, which is, perhaps, of quite as much importance to the well-being 
and prosperity of the country as the settlement of questions relative to the 
titles ana locations of Spanish land grants; and this is the question rela- 
tive to the use of flowing water for purposes of irrigation. 

The water of flowing streams is to the earth what the blood in the veins 
and arteries is to the animal system: one giving life and energy to the 
body, and the other fruitfulness to the earth. 

In England, where the earth is watered by frequent summer showers, 
and the soil moistened by ocean fogs, water for the public use is not a 
thing of so much importance as it is in those arid regions of the earth 
where it seldom rains, and where, without irrigation, the earth would be a 
barren desert without human habitation. 

Therefore, the framers of the common law of England, not being taught 
by necemty the importance of providing for the common use of the flowing 
waters of the country, gave the same to the owners of the land bordering 
the streaifi. 

For the reasons above stated, this law has for centuries, perhaps, worked 
no hardship or injustice to the inhabitants of that country; but, from the 
nature of things, it is manifest that laws, which in one country might be 
beneficial or harmless, in another, surrounded by diflFerent conditions, 
would be utterly ruinous. 

The inhabitants of all arid countries being impelled by their needs have, 
from time immemorial, given much attention to the laws regulating the 
public or common use of flowing waters. 

Spain and large portions of Spanish America being naturally arid and 
subject to protractea droughts, it has been found necessary to make very 
stringent laws and regulations relative to the distribution and common use 
of flowing waters. Hence, many laws on this subject are found recorded 
in the " Partidas," and " Recopilacion de Indias,*' and, besides, learned 
essays and reports on the same subject. 

The jealous care with which the Spanish laws have from the earliest 



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12 REPORT OF THE SURVEYOR-GENERAL. 

times granted such common rights as pertain to the use of waters, is shown 
by the " Partidas," which declare: " That the *ribero del mar ' (sea beach), 
the space between high and low tide, cannot be granted to any person, nor 
can the exclusive right to the use thereof be conceded to any one whom- 
soever; but, that all shall have a right to use the same" — ^in other words, 
that it should be reserved for public use. 

In view of this ancient law, the Territorial Deputation (legislative) of 
California passed a resolution in 1835 authorizing grants of one hundred 
vara lots to be made in Yerba Buena (now San Francisco) two hundred 
varas back from the shores of the bay; thus reserving for public use the 
*' ribero," or sea beach, as required by the laws of the " Partidas." 

The '^ General Regulations," published in the City of Mexico in 1761, 
declare that " la regalia " is a certain " derecho de imperio " (imperial right) 
which pertains to the sovereign in certain things, among which are 
waters, lands, and mines; that only to the Prince, and to no one else, 
belongs the power to distribute the waters. That with respect to New 
Spain, His Majesty has conceded the most ample authority to the Viceroys 
and Presidents of the Royal Audience, to the end, that in gonformity with 
the laws and regulations relatiVe thereto, they should make grants of lands 
and water as of things pertaining to the royal crown. 

Prom the foregoing extracts it is seen that to the king alone, or to his 
delegates, belongs the power to grant and distribute lands and the use of 
flowing waters in the countries of New Spain. 

The customs of the inhabitants of New Spain induced them to live in 
pueblos, or villages, around and in the neighborhood of which were located 
their small plantations, on which were produced their cereals, fruits, and 
vegetables. 

These pueblos were located on lands bordering on flowing streams fur- 
nishing suflBcient water for irrigating the lands occupied and cultivated by 
the inhabitants of the pueblo, the stock farms being on lands that were 
not susceptible of irrigation, and were only fit for grazing. 

Pueblos were established under the laws of the Indies, and to the 
AjruntamientoB (town council) thereof were delegated certain powers, such 
as the granting of " suertes " (planting grounds) and " solares " (house lots) 
to settlers, and the establishing of regulations for the distribution of the 
flowing water required for irrigating the sowing lands of the pueblo. 

There being no cultivation on the stock farms, no irrigation was required, 
the only water needed on such establishment being what was required for 
the use of the stock occupying the same; hence, such lands were called 
" de abrevadero" (a watering place for sto<3k). 

Had the territory of Spanish-America been divided into small farms, as 
is the prevailing custom among English-speaking people who carry on 
agriculture and stock raising in the same rural establishment, then the 
same laws and regulations relative to the use of flowing waters which con- 
trol the government of pueblos would doubtless have been enforced with 
regard to the use of water on farms or ranches. 

The municipal laws and regulations of pueblos, relative to the distribu- 
tion and use of water, were exceedingly stringent, the doctrine being that 
the water belonged to the land, and that it should be so used as that the 
soil should be forced to yield the greatest possible product of what is 
required for the support of man. 

Under these laws, an oflBcer was appointed by the Town Council, whose 
duty it was to attend to the distribution of water on the irrigable lands, 
and to see that no portion thereof, which was under cultivation, should 
lack its needed supply. 



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REPORT OF THE SURVEYOR-GENERAL. 13 

So strictly were these laws enforced, that if the owner of a lot in cultiva- 
tion shoula fail, from neglect or inability, to irrigate his land when his 
growing crop required water, the officer in charge of the distribution of the 
water was required to employ some one to attend to the matter, in which 
case the owner of the lot and crop was charged with the expense of irriga- 
tion; the principle established beifig that in any event productive land 
should receive the amount of water to which it was entitled, so that it 
might yield the fruits in which all the inhabitants of the pueblo had a 
common interest. 

The eleventh section of the Act of Congress of March 3, 1851, "to ascer- 
tain and settle the private land claims in th^ State of California," provides: 
"That the Commissioners therein provided for, and the DisMct and 
Supreme Courts, in deciding upon any claim brought before them under 
the provisions of that Act, shall be governed by the treaty of Guadalupe 
Hidalgo; the laws of nations; the laws, usages, and customs of the Gov- 
ernment from which the claim is derived; the principles of equity, and 
the decisions of the Supreme Court of the United States, as far as they are 
applicable." (Fremont vs. United States, 17 How. 553.) 

In the same case, on page 557, the United States Supreme Court says: 
" It is proper to remark that the laws of these territories under which titles 
were claimed were never treated by the Court as foreign laws, to be decided 
as a question of fact. It was always held that the Court was bound judi- 
cially to notice them as much as the laws of a State or Union. In doing 
this, however, it was undoubtedly often necessary to inquire into official 
customs, and forms of usages. They constitute what may be called the 
common or unwritten law of every civilized country." 

The following is the language of the late learned Caleb Cushing: " By 
the laws of Spain and of the Mexican Republic, grants of land on the 
banks of a river extend to the jUum aquse (edge of the stream), if it be 
navigable, or to the middle of the river bed {alveo), if it be innavigable." 

Thus, in the case of two properties, situated on opposite sides of the 
river, each proprietor is entitled to the ordinary riparian rights of use and 
improvement on his side, and to the use and take of water for the purpose 
of irrigation or for mills. 

If the river be innavigable, the opposite riparian proprietors own to the 
middle of the river bed, according to the extent lengthwise of the river, of 
their respective properties on the river bank; and if it dry up — as hap- 
pens to many rivers, either temporarily or pnermanently — ^they may occupy 
the river bed as appertinent to their respective riparian properties. 

(See "Escriche,^' under the words "Rio Agua," "Aluvion," "Isla," 
" Ribero Lago." See also the " Partidas," No. 5, Title 28.) 

Under the regulations of 1761, there was what was called " La servi- 
dumbre del aquaducto," that is, the right of a person to conduct water 
over the property belonging to some one else to irrigate his own land. 

(See "Ordinanzas de Tierras y Agua," page 159^ 

All laws originate from the necessities of man, and from the conditions 
and circumstances of the country which they are intended to govern. 

England being a country with a naturally moist climate, and abundantly 
supplied with rain, the common law made no provision for watering the 
earth by irrigation, because it was never required. 

A large portion of Spanish-America being arid, in order that the earth 
might produce the fruits required for the support of its inhabitants, it was 
fouud necessary, in framing laws for the government of the country, to 
make provisions for supplying the soil with the needed water; hence, the 
doctrine of these laws, that the waters of flowing streams belonged to the 



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14 REPORT OF THE SURVEYOR-GENERAL. 

sovereign of the country, and not exclusively to the owners of the lands 
bordering the streams, the sovereign authority distributing the usufruct of 
these waters in such a manner as that all fruitful soil might receive its 
equitable share, to the end that the earth might be made to produce food 
suflScient for the inhabitants thereof. 

Since all law springs from the requil^ments of man, the more universal 
and urgent the need of the law the greater will be the attention given to, 
and the labor bestowed in the framing thereof. 

For this reason we find that the Spanish laws of the Indies, and the 
regulations established in Spanish-America, with respect to the use of 
water, are, like the Spanish mining laws, far more perfect than are the 
common laws of England with regard to the same matters, since they are 
the result of centuries of such experience as springs from necessity. 

Prom the foregoing it is seen what were the laws, usages, and customs of 
the Spanish and Mexican Government, with regard to ttie use of water for 
purposes of irrigation. It is also shown that the Act of Congress of March 
3, 1851, declares that the Commissioners appointed under said Act, in 
determining the rights of claimants under tne Grovemment, shall be gov- 
erned by the treaty of Guadalupe Hidalgo; the law of nations; the laws, 
usages, and customs of the Government from which the claim is derived; 
the principles of equity and decisions of the Supreme Court of the United 
States — and that the Supreme Court says, in the Fremont case, that " the 
laws of these territories under which titles were claimed were never treated 
by the Court; as foreign laws, and, also, that the Court was bound judicially 
to notice them as much as the laws of a State or Union; " and that they 
constitute what may be called the common or unwritten law of every civ- 
ilized country. 

It is manifest, therefore, that under the foregoing provisions and decisions, 
all water rights which had accrued to lands granted by the governments 
of Spain and Mexico are bound to be protected by the laws and the Courts 
of the United States. 

And since it has been shown, that wherever lands were used for agricult- 
ural purposes under the former governments, these laws were enforced, it 
is but fair to presume that if the same agricultural habits and customs 
had prevailed among the inhabitants of California under the former gov- 
ernment, these laws or usages would have been observed in the rural dis- 
tricts of the country the same as in the pueblo establishments, in which it 
was the custom of the inhabitants of the country to reside, as has been 
shown. 

If it be determined by the Courts of California that the wise and judi- 
cious laws of the former governments of the country relative to the use of 
water are only applicable to rights which accrued under grants given by 
said governments, and do not affect those portions of the State in which at 
the date of the treaty of cession no grants had been made, and that, there- 
fore, these portions with respect to nparian rights are now to be controlled 
by the principles of the common law, it is manifest that for the well being 
and prosperity of the agricultural interests of the country the law be so 
modified as to give such encouragement and protection to agriculture as 
was given by the laws of the former governments of the country, or such 
as may be better fitted to our civilization and modes of life and progressive 
knowledge in agriculture. 

Respectfully submitted. 

THEO. REICHERT, 
Surveyor-General and Register State Land Ofiice. 



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REPORT OF THE SURVEYOR-GENERAL. 



15 



STATEMENT 

Of Expenditures, other than Salaries, for the thirty-eighth and thirty-ninth fiscal years, com- 
mencing July i, 1886, and ending June SO, 1888. 



Fob What Pu&pobe Expbmdsd. 



Amount of 
Appropriation. 



Purchase of and Copying Maps. 

Appropriation for thirty-eighth and thirty-ninth fiscal years 

Amount expended, thirty-eighth fiscal year $398 50 

Amount expended, thirtj'-ninth fiscal year 993 87 

Balance unexpended of thirty-eighth and thirty-ninth fiscal years. 7 63 



$1,400 00 



$1.400 00 



$1,400 00 



Traveling Expenses of Surveyor-Qeneral and Attomey-Oeneral. 



Appropriation for thirty-eighth and thirty-ninth fiscal years 

Amonnt expended, thirty-eighth fiscal year 

Amount expended, thirty-ninth fiscal year 

Balance unexpended of thirty-eighth and thirty-ninth fiscal years . $1,000 00 



$1,000 00 



Postage and Expressage, Survey or-OeneraVs Office, 

Appropriation for thirty eighth and thirty-ninth fiscal years 

Amount expended, thirty-eighth fiscal year $276 01 

Amount expended, thirty-ninth fiscal year 300 00 

Balance unexpended of thirty-eighth and thirty-ninth fiscal years.. 23 99 



$600 00 



Contingent Expenses. 

Appropriation for thirty -eighth and thirty-ninth fiscal years , 

Amount expended, thirty-eighth fiscal year $78 77 

Amount expended, thirty-ninth fiscal year 100 00 

Balance unexpended of thirty -eighth and thirty-ninth fiscal years. 21 23 



$200 00 



$1,000 00 



$1.000 00 



$600 00 



$600 00 



$200 00 



$200 00 



EXPSITDITUBU TOK SaLABIBS. 



Amount. 



Surrey or-General and Register of State Land Office 

Deputjr Surveyor-General 

Glerka in office of Surveyor-General and Register of State Land Office 
Porter 



$6,000 00 

4,800 00 

9.600 00 

600 00 



$21,000 00 



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Corrected Report of Spanisli and Mexican Grants in California, 

COMPLETE TO FEBRUARY 25, 1886. 



PBEPABED BY 



STATE SURVEYOR-GENERAL. 

Published as Supplement to OiBcial Report of 1886-88. 



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BIENNIAL REPORT 



ADJUTANT-GENERAL 



STATE OF CALIFORNIA 



1887-1888. 



SACRAMENTO : 

STATE OFFICE, : : : : J. D. YOUNG, 8UPT. STATE PRINTING. 

1888. 



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REPORT. 



State op California, Adjutant-General's Office, ) 
Sacramento, July 20, 1888. j 

To his Excellency R. W. Waterman, Governor and Commander-in-Chief: 

Sir: In compliance with law, I have the honor to submit my report of 
the transactions of this oiSBce, and of matters appertaining thereto, for the 
thirty-eighth and thirty-ninth fiscal years, ending Jime 30, 1888. This 
report is made to cover the whole of the above mentioned period, although 
I was honored by the appointment to this ojfice, by your Excellency, on 
the first of November last. 

THE national GUARD. 

The National Guard of this State now consists of thirty-six companies 
of infantry, eleven companies of artillery, armed, equipped, and drilled as 
infantry, two light batteries of artillery, one cavalry company, and four 
cadet companies — fifty full companies and four cadet companies, organ- 
ized into seven regiments and four unattached companies, six brigades, 
and one division. 

Previous to the last session of the Legislature only forty full companies 
were authorized by the Political Code, but by an amendment to Section 
1912, approved March 10, 1887, that number was raised to fifty; under 
which Act the following new companies were organized: 

The cadet company of the Fifth Infantry, Second Brigade, stationed in 
Santa Rosa, was organized as a full company, June 10, 1887, and made 
Company " E " of that regiment. 

The Colusa Guard, unattached. Fifth Brigade, was organized October 
10, 1887. 

The cadet company of the Sixth Infantry Battalion, Third Brigade, sta- 
tioned in Modesto, was organized as a full company October 29, 1 887, and 
made Company " D" of that battalion. Company " E " of the same bat- 
talion, stationed in Visalia, was organized December 9, 1887, and Company 
" F," stationed in Fresno, was organized January 26, 1888, making the full 
number required for a regimental organization; and it was organized as 
the Sixth Regiment of Infantry, on the twenty-first day of Februan^, 1888. 

The cadet company of the Seventh Infantry Battalion, First Brigade, 
stationed in Los Angeles, was organized as a full company October 26, 
1887, and made Company " C " of that battalion. Company " D," same 
battalion, stationed in Pomona, was organized October 28, 1887. Company 
" E," stationed at San Bernardino, was organized October 29, 1887. Com- 
pany " F," stationed in Los Angeles; was organized December 20, 1887, and 
Company " G," stationed in Anaheim, was organized March 3, 1888, thus 
completing the number required for a regimental organization, and the 
battalion was reorganized as the Seventh Infantry Regiment, May 5, 1888. 

As there was no appropriation made for the new companies authorized 
by the amendment to the Codes, the Brigade and Regimental Commanders 
in the case of each of the above mentioned companies were required to 



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4 REPORT OF THE ADJUTANT-GENERAL. 

sign waivers of all claims against the State, until the Legislature should 
make provisions for its support, and in the order for its formation issued 
from this oflSce, a clause was inserted forbidding it from making any de- 
mand for State allowance until the Legislature should make the required 
appropriation. 

These new companies have been organized with full ranks; most of them 
have uniformed themselves at their own expense; they have elected com- 
petent and enthusiastic officers, and they are striving by a good attendance 
at drills to render themselves efficient members of the State military force; 
and it is sincerely hoped and desired that the next Legislature may make 
ample provision for their maintenance, and for their uniforms. 

During the period covered by this report there has been no company 
mustered out of the State service, but there has been a complete change in 
the general officers. W. H. Dimond was promoted to be Maior-General, 
commanding the Division, from Brigadier-General, commanding Second 
Brigade, September 28, 1887, vice Major-General Walter TumbuU, resigned. 

H. H. Boyce was promoted to be Brigadier-General commanding First 
Brigade, from Lieutenant-Colonel and Aid-de-Camp on the Staflf of the Com- 
mander-in-Chief, May 26, 1888, vice Brigadier-General John R. Mathews, 
resigned. 

John T. Cutting was promoted to be Brigadier-General commanding 
Second Brigade, from Colonel commanding Second Artillery, September 
28, 1887, vice Brigadier-General W. H. Dimond, promoted Major-General. 

James H. Budd was promoted to be Brigadier-General commanding 
Third Brigade, from Major commanding Sixth Infantry Battalion, June 
15, 1887, vice Brigadier-General Eugene Lehe, resigned. 

T. W. Sheehan was promoted to be Brigadier-General commanding 
Fourth Brigade, from Colonel on the Retired List, October 17, 1887, vice 
Brigadier-General John T. Carey, term expired. 

James W. B. Montgomery was promoted to be Brigadier-General com- 
manding Fifth Brigade, from Major and Quartermaster Fifth Brigade, 
February 5, 1887, vice Brigadier-Greneral Charles Cadwalader, retired. 

J. W. Freese was appointed Brigadier-Oeneral commanding Sixth Bri- 
gade, February 8, 1887, vice Brigadier-General Joseph G. Wall, retired. 

Richard H. Orton was promoted to be Adjutant-General of California, 
with rank of Brigadier-General, from Lieutenant-Colonel First Infantry, 
November 1, 1887, vice Brigadier-General Geo. B. Cosby, resigned. 

Other changes among the commissioned officers will be found in the 
tables attached to and forming part of this report. 

Section 2003 of the Political Code now divides this State into six bri- 
gades, designating the counties composing each. Such rigid division has 
resulted in leaving two brigades, with two unattached companies in one, 
and one in the other; they have two Brigadier-Generals commanding, with 
their full staffs, which nearly equal the balance of their commands, while 
the other four brigades have one or more regimental organizations each. I 
would, therefore, respectfully suggest and recommend that the above men- 
tioned section be amended so as to attach the Fifth Brigade to the Fourth 
whenever a vacancy shall occur in the Brigadier-Generalship, and that the 
two unattached companies be attached to the First Artillery Regiment ; 
and that the Sixth Brigade be consolidated with the Second, under similar 
conditions, and that the one company comprising it be attached to the 
Fifth Infantry; then every company in the State, except the one cavalry 
company, the San Francisco Hussars, would be attached to a regimental 
organization. Or, I would suggest, which I think would be better, that 
the entire section be repealed, and the Board of Location and Organiza- 



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REPORT OF THE ADJUTANT-GENERAL. O 

tion, created by Section 1913, be given the same power to reorganize bri- 
gades, that it now has to reorganize regiments ana battaUons, attaching to 
it all the Brigadier-Generals for that particular purpose. 

The foregoing is the only change I would recommend in the National 
Guard of this State, as I am strongly opposed to frequent changes in an 
organization of this kind. Stability is the principal element of success; 
each man should feel that he belongs to a permanent organization, and 
that he is helping to make a history for his company or regiment that all 
of his successors will feel proud of That feeling will made him a better 
soldier; it will encourage him to perfect himself in the knowledge required 
to perform effectively all his duties, and it will make him anxious to remain 
in the organization which he has helped to make a success. His successors 
will take a pride in the history that has been made, and they will strive to 
add to its honorable record ; and thus is formed that esprit de corps which 
excites the good to peculiar feats of valor, and a willingness to perform 
cheerfully the most arduous duties, while it deters the bad from commit- 
ting acts which will bring disgrace upon their organization. 

If a company, or regiment, or brigade is permitted to remain intact for 
a long period, it gradually accumulates property, in real estate, furniture, 
books, appliances for the instruction or amusement of its members, or facil- 
ities for target practice, and thus is its eflTectiveness as a military organiza- 
tion increased, and its advance towards that perfection, it is hoped the 
National Guard of this country may some day attain, made more sure. 

The Constitution of the United States declares that ^^ a well regulated 
militia is necessary to the security of a free State." Our own State Con- 
stitution requires the Legislature to provide for the maintenance of the 
militia, every President of the United States has recommended that liberal 
support be given to it. and that laws be passed carr3dng out the provision 
of the Constitution wnich says " Congress shall have power to provide for 
organizing, arming, and disciplining the militia," yet Congress has done 
almost nothing to comply with those recommendations or requirements. 
It has been left to the States, which have adopted no uniform system of 
aid or organization, and to the organizations themselves to provide for their 
maintenance, and it is due solely to the want of such support, and of uni- 
form requirements as to drill, discipline, and organization, that the militia 
regiments have not all reached that state of efficiency that characterizes 
some of them. That it can be brought to a high degree of efficiency in the 
matters of drill and discipline has been demonstrated by numbers of regi- 
ments in the various States, which will compare favorably with those of 
the regular service. 

Notwithstanding hundreds of bills have been introduced providing for 
the cariying out of the provisions above quoted, the old law passed in 
1792, with a few unimportant amendments, is allowed to incumber the 
statute books. Among its absurd provisions is that requiring '^ every 
able-bodied male citizen between the ages of eighteen and forty-five years 
shall be enrolled in the militia," which is a dead letter, because it requires 
every captain commanding a company to enroll those living " within the 
bounds of his company," at the same time makes no provision for the 
appointment of such captains, or prescribing the bounds of his com- 
pany. The same law requires every citizen after he has received notice of 
his enrollment, to be "constantly provided with a good musket or firelock 
of a bore sufficient for balls of the eighteenth part of a pound, a sufficient 
bayonet and belt, two spare fiints, a knapsack, a pouch with a box therein 
to contain not less than twenty-four cartridges suited to the bore of his 
musket or firelock, each cartriage to contain a proper quantity of powder 



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6 REPORT OP THE ADJUTANT-OENERAL. 

and ball," etc. " Each commissioned officer shall be armed with a sword 
or hanger and spontoon." There are thirty-six sections of the law, Sec- 
tions 1625 to 1661, inclusive, Revised Statutes, every one of which is now 
obsolete, although still the law of the land. Is it any wonder that the 
militia is not more efficient when our law-makers are so indifferent and 
care so little for its welfare ? In fact the militia has gone far ahead of the 
measures adopted for its organization and development; and though not by 
any means perfect, it has reached its present state of efficiency in spite of 
the absurd provisions of the law whicn creates it. Yet no subject, unless 
it be that of finance, has so long and so often engaged the attention of 
Congress, and on none have more able or exhaustive reports been written 
by those whose slightest utterances we have been taught to honor and 
respect. The records of Congress are filled with messages from Presidents, 
reports of executive officers, reports of committees of both houses of Con- 
gress, with plans and bills for the improvement and organization of the 
militia, to attempt even a brief outline of which would far exceed the proper 
limits of this report, all of which has resulted in no action towards estab- 
lishing a uniform system in all the States, and in properly equipping it. 

I hold that it is the duty of the General Government to perfect a uniform 
system in all the States; that each State shall be required to organize the 
same number of troops for each congressional district, not necessarily sta- 
tioned in each district, but the same proportion. (It was proposed by the 
National Guard Association that that proportion should be about seven 
hundred for each congressional district, which would be about the number 
now organized in this State, though I think five hundred would be suffi- 
cient.) That each State shall appoint the officers, organize the companies, . 
regiments, etc., and furnish quarters, and the General Government shall 
furnish all the arms, equipments, clothing, camp and garrison equipage, 
transportation, and the expense of an annual encampment of at least ten 
days of all the forces in each State. The State authorities to exercise con- 
trol within its own borders; the President or officers of the army repre- 
senting him to have control when serving outside the borders of the State, 
or when serving in connection with the regular forces, or the forces of 
another State within its borders. 

The time will come when the militia force of the United States will be 
recognized and appreciated, and be as well armed and equipped as the 
regular forces; and when that time comes they will be nearly as well 
dnlled and disciplined. If every regiment in the United States could be 
as well quarterea and equipped as the Seventh New York, it would not be 
long before it would become nearly or quite as efficient. 

It is the unvaried agreement of all statesmen who have written and 
spoken on the subject, that " a well regulated militia is necessary." It is 
generally believed that riots in the future will be more frequent and for- 
midable than in the past. Anarchism has reared its horrid front, and 
thrown its first bomb in an American city. We have had a large number 
of riots in the past, but "they were mostly local; they were not the off- 
spring of sober thought or calculating mind, but the sudden outburst of 
passion, soon satiated. The leaders were not the coolest or wisest men 
among the mobs, but the most angry and the least discreet. Their weapon 
was the brickbat." 

All this will be changed in any disturbance by the anarchist. " Rioting 
will be their profession; they will prepare for it. They will pose as the 
friend of the laborer; they will attempt to widen the breach between capi- 
tal and labor; they will try to excite a race prejudice; they will intensify 
hatred between classes by insidious attacks upon the honesty of public 



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REPORT OP THE ADJUTANIMJENERAL. 7 

officers, and the purity of the bench; they will organize strikes — ^in short, 
there will be no cufficulty in finding an excuse when they are ready. They 
will prepare for it by getting possession of arms and ammunition, and by 
drilling their followers in their use and in the use of high explosives." I 
could go on and tell how they would probably proceed, but I think it not 
advisable to suggest plans of operation which might not be thought of if 
they had not been mentioned in some paper or report similar to this. 

It ma}| be said that these are unnecessary fears, but I think not, and 
call attention to them that we may keep abreast of the times, and be pre- 
pared for any emergency. 

A dangerous spirit of unrest has taken possession of a numerous class, 
which discontent pervades every part of our land, and in many sections 
has taken the form of open lawlessness, violence has occurred, and blood 
has been shed. The leaders of these movements have asserted doctrines 
and made claims that threaten the peace and prosperity of the community. 

New York, Pennsylvania, Ohio, Indiana, Ilunois, Arkansas, Texas, Kan- 
sas, Missouri, and California have each been made to feel the dangers aris- 
ing from ^^ strikes "among wage workers, who, having sometimes solid and 
sometimes trivial causes of complaint against their employers, have left 
their work, which of itself is not objectionable, but they have banded 
together, and have determined that no other men shall assume their places. 

A gigantic organization has sprung into existence with thousands of 
members bound by oaths and obligations, which compel the strictest obe- 
dience to the mandates of its unknown and irresponsible leaders who seem 
to have immeasurable power over the organization, and whose orders are 
implicitly obeyed, even when opposed to the laws of the country and dan- 
gerous to its peace, and the security of the life and property of the citi- 
zens. The branches of this organization extend into eveir part of our 
country. • Many of its followers are ignorant of the principles of our gov- 
ernment, and of the causes for the real or imaginary wrongs of which they 
complain, yet they are blindly and recklessly obeying orders from men 
they never saw, nor knew, and pursuing plans, and uttering sentiments 
dangerous and destructive to free government. 

To the honest and industrious wage worker, more than to the wealthy, 
the supremacy of the law, and its fearless and impartial administration 
are most important; they are the safeguards about him, without Which he 
can hope for no permanent security. To him and his, the '* due course of 
fair" is of the ^atest importance; when lawlessness asserts itself, wealth 
can hide, or if it cannot, and property is destroyed, the government which 
has failed to protect him must make good his loss, while the losses from 
the same cause which overtake the working man must be borne by himself 
and those depending upon him. 

This being recognized as true, it is a matter of grave concern to the 
thoughtful and those who have the best interests of the country at heart, 
that thousands of our citizens should voluntarily assume secret obligations, 
and enter into relations that involve consequences of the most stupendous 
character to themselves and to their fellow citizens, and of the most dan- 
gerous import to the government and country. The special forms of those 
obligations are not known to the public, but that they are of extraordinary 
character and force has been made painfully evident by' the ready obedi- 
ence of thousands of determined men, to the orders of their selected lead- 
ers, even when these orders place many men in antagonism to employers 
with whom their relations have always been pleasant, peaceful, and profit- 
able, and in open opposition to the execution of the law, and to the princi- 
ples of justice and fair dealing. 



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8 REPORT OF THE ADJUTANT-GENERAL. 

This dangerous and destructive spirit is of foreign growth. We must be 
vigilant, and see that our good nature and easy-going manners do not en- 
courage it to strike its roots so deeply in our soil, that the whole social fab- 
ric will be overturned in the effort to uproot it 

In view of these things, what is the duty of the several States, of the 
general government, and of order-loving, law-abiding, patriotic citizens? 
It is to meet force with force at every point, when and where it is lawful 
and necessary; and to do so, what force can be had and made available, 
lawful and constitutional, and yet preserve its indi^ddual and personal 
sense of citizenship and patriotism, so completely as an efl&cient, disci- 
plined, and well armed boiiy of militia or citizen soldiery? 

The sedentary duties of this office have prevented me from making a 
personal inspection of the companies comprising the military force of the 
State, up to the present time, but I hope to be able to do so during the cur- 
rent fiscal year. But from what I have seen of the troops while on drill 
or parade, I am convinced that the great need, in order to make them 
more effective, is a more thorough instruction in what the tactics call 
" setting up," or drilling in the " school of the soldier; " a greater attention 
to details, and the enforcement of stricter discipline. The commanding 
officers of brigades and regiments should enforce a stricter obedience of 
orders, more promptness in rendering reports and other official papers, a 
regular and prompt attendance at drills and parades, of all the commis- 
sioned officers under them. And the commanding officers of companies 
should enforce the most rigid obedience to orders, and promptness and 
regular attendance at all drills and parades of the enlisted men under 
them. They should see that every one of their men is instructed thor- 
oughly in all his military duties, more particularly in the matter of cour- 
tesy between officers and men. 

The Captain is responsible for the drill discipline and efficiency of his 
company. If he is a good Captain he will have a good company. There- 
fore every officer holding that rank should perfect lumself in every require- 
ment necessary, and should see that every one of those under him is 
thoroughly instructed in all that appertains to his rank and station. If 
he has sixty-one well instructed men under him, he has a good company. 
The way to instruct men is not by putting them in the ranks of the com- 
pany with guns in their hands and drilling them night after night in com- 
pany or battalion movements; it is not necessary that privates in the ranks 
should have much knowledge of company or battalion movements, if they 
are well instructed in the manual of arms and the school of the soldier, 
including the movement by fours. Under competent officers they can 
execute any movement in the tactics. Therefore the greater part of the 
time devoted to instruction of the company should be given to the school 
of the soldier, for which purpose the company should frequently be divided 
up into squads, each under a competent officer or non-commissioned officer. 
" The ordeal of a battle is not required as a means of discovering if troops 
are good; the experiment would be too costly. There are certain outward 
signs, certain minor details which never deceive. If you see soldiers who 
are careful of their appearance, their uniforms and their arms, and who 
salute their officers respectfully, you may unhesitatingly put yourself at 
their head, and lead them no matter where. They are good soldiers. It 
may be said that cleanliness and respect are infallible signs of military 
healthiness; but cleanliness, a taste for trimness in appearance, and respect- 
ful salutes, are not to be acquired in an hour, or even in a week. They are 
the fruit of education." 



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REPORT OF THE ADJUTANT-GENERAL. 9 

NEW UNIFORMS. 

The last Legislature appropriated fifty-six thousand dollars for the pur- 
chase of new uniforms. The law also provided for the appointment of two 
Boards. First, the Service Uniform Board, to "prescribe and determine^' 
the style of service uniform and equipments for the National Guard of this 
State; and, second, the State Uniform Board, "to purchase the cloth, 
arrange for its cutting, also for its making." 

Under the above mentioned Act, the following officers were appointed to 
constitute the Service Uniform Board, by General Orders No. 9, dated 
March 26, 1887: Brigadier-Generals W. H. Dimond, John T. Carey, and 
Eugene Lehe, Major Thomas F. Barry, and Captain Frank H. Swett. 

The Board, after several meetings and careful consideration of the sub- 
ject, submitted the following report: 

Sah Francisco, Cal., May 4, 1887. 

General George B. Cosby, Adjutant-OenercU State of California, Sacramento: 

Sir: We have the honor to report that at a meeting of the " Board to determine and pre- 
scribe a service uniform and equipments for the National Guard of California," appointed 
by G. O. No. 9, c. s., A. G. 0., held this day, said Board has determined and does hereby 

Srescribe that the uniforms and equipments of the National Guard of California shall be 
cie same as that now prescribed by the United States Army Regulations for the several 
arms of the service, with the following exceptions: 

The dress coat and pants of enlistea men shall be made of the grade or quality of cloth 
used for uniforms of non-commissioned officers of the U. S. Army. 

There shall be two straps of the same color and material as the facings let into the waist 
seam on each side of the dress coat of enlisted men, and buttoned above the hip to sustain 
the waist belt 

The buttons for the dress coat shall be of the design known as the California State But- 
ton, and of the best quality. 

A nickel-plated figure, one half inch high, denoting number of regiment, shall be placed 
on each side of the coat collar, about one half inch from the end. 

The helmet shall have the Coat of Arms of the State of California on a six-pointed star 
pendent from a spread eagle. 

A white helmet of the same pattern, similarly ornamented, may be worn by and with 
the consent of the Commander-m-Chief. 

The cartridge-box, waist belt, and bayonet scabbard shall be of the pattern known as 
the McKeever patent, but the belt-plate shall have on it the company letter, and the car- 
tridge-box shall have the letters N. G. C. in place of the letters U. 8. 
The fatigue uniform and overcoat shall be of the U. S. Army pattern. 
Kespectiully submitted. 

(Signed): W. H. DIMOND, 
Brigadier-General commanding Second Brigade, N. G. C, 

Chairman of Board. 
(Signed): Frank H. Swett, 

Captain and Adjutant Fifth Infantry, N. G. C, 

Secretary of Board. 

On July 15, 1887, Special Orders No. 55 was issued, organizing the State 
Uniform Board, consisting of the Quartermaster-General, who was made 
ex officio Chairman of the Board by the law, Colonel John T. Cutting, com- 
manding Second Artillery, and First Lieutenant E. C. Hughes, Quarter- 
master First Infantry, N. G. C. 

The Board, after advertising for bids, let the contract for manufacturing 
the cloth, as follows: To the Golden Gate Woolen Manufacturing Company 
the dark blue cloth for coats, at $2 62 per yard, and the sky blue kersey 
for pants, at $2 38 per yard. To the Pioneer Woolen Factory the contract 
for blouse flannel, at $1 71 per yard. 

An order was immediately issued directing Captains to send in their 
requisitions for uniforms, so that an estimate could be made of the num- 
ber of yards of cloth required. There was some delay in the receipt of 
these requisitions, and the following circular was issued: 



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10 REPORT OP THE ADJUTANT-GENERAL. 

Sacramento, Augast 24, 1887. 
[Circular, No, ;?.] 

Sib: Your attention is called to the fact that as yet the requisition called for from 
the companies of your command by General Orders No. 23, c. s., have not been received 
at these headquarters. Ample time to make such requisition has elapsed. For your 
information I will state that some three months are required to make the cloth after the 
contract is made with the manufacturer, and such contract cannot be made until the 
approximate number of yards can be estimated upon the requisitions ordered. You will 
hasten as much as possible the forwarding of these requisitions. 
Very respectfully, 

GEORGE B. COSBY, 

Adjutant-General. 

Notwithstanding the urgent request contained in the above quoted circu- 
lar, the requisitions were not all received at this office until some time in 
November, and on the eleventh of that month the estimate was made of 
the number of yards required, and orders were given for three thousand 
five hundred yards of dark blue cloth for coats, two thousand five hundred 
yards of kersey for pants, and two thousand two hundred and fifty yards 
of flannel for blouses. Since then an order has been given for five hundred 
yards more of the kersev. 

The Uniform Board tnen advertised for bids for cutting, trimming, and 
making the uniforms, and after opening the bids and taking into consider- 
ation the facilities for doing the work, the responsibility of the parties bid- 
ding, and knowledge of the business, awarded the contract to Messrs. 
Schlamm Bros., of San Francisco, at the following prices: For cutting, 
trimming, and making coats, $5 40; pants, $1 95, and blouses, $2 50. 

The Board then executed the following contract: 

Articles of agreement entered into at San Francisco, California, this twenty-fifth day of 
February, eighteen hundred and eighty-eight, between R. H. Orton, Quartermaster-Gen- 
eral of the State of California, John T. Cutting, Brigadier-General Second Brigade, N. G. 
C, and E. C. Hughes, First Lieutenant and Quartermaster First Infantry, N. G. C, the 
State Uniform Board, the party of the first part, and Schlamm Brothers, of the County 
of San Francisco, the party of the second part. 

This agreement witnesseth that in conformity with the advertisement and specifica- 
tions hereto attached, and which, as far as thev relate to this contract, form a part of it, 
the said R. H. Orton, John T. Cutting, and E. C. Hughes, constituting the State Uniform 
Board for and in behalf of the State of California; and the said Schlamm Brothers, for 
themselves, their heirs, executors, administrators, or assigns, have mutually agreed to 
and covenanted with -each other as follows, viz,: 

First— Thsit the said State Uniform Board, the party of the first part, having been 
re(^uired by the commanders of the several military organizations of the State, to furnish 
uniforms for their commands, shall have manufactured the following named articles, viz. : 

Twenty-five hundred, more or less, uniform coats; twenty-five hundred, more or less, 
uniform pants, and twenty-five hundred, more or less, uniform blouses. It is understood 
that the words " more or less " when they occur in this contract, are inserted because it is 
not known exactly how many articles will be required, but it is understood that about 
twenty-five hundred of each article will be required. And the said Schlamm Brothers, the 
party of the second part, hereby agrees to furnish trimmings, take the measurements, cut, 
and manufacture the following articles of clothing, viz.: twenty-five hundred. more or 
less, uniform coats, twenty-five hundred, more or less, uniform pants, and twenty-five 
hundred, more or less, uniform blouses. 

Second— The articles herein contracted for shall be like, and in all respects equal to the 
sample shown on the day the bids were opened, and the trimmings shall be like and eaual 
in every respect to the samples shown at the same time and place, and eacli article snaU 
be marked with stencil plate as tlie party of the first part may direct, and such articles as 
shall be required for issue in places other than Sun Francisco, shall be put up in boxes or 
packages, as the party of the first part shall direct, ready for shipment. 

The said uniforms to be made in the same style as similar articles in the United States 
Army, as prescribed by the Service Uniform Board of the State of California. The coat 
to be linea with sateen, the same as the sample; to be faced with white, red, or yellow 
cloth for the different arms of the service. It shall have the same number of pockets as 
is put in the regular army coat; the buttons shall be well sewed on with four strong linen 
threads, and not less than five stitches in each. The pants shall be cut so as to turn in at 
the bottom one and one half inches, and the inside seam shall be taken in at least three 
fourths of one inch ; the seams in the crotch shall be strengthened by having strips at least 
one inch wide of heavy pocket drilling stitched over the intersectine seams to prevent 
ripping. The blouse shall be cut to fit the body, lined with fiannel lilke sample, and but- 



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HEPORT OF THE ADJDTANT-CIENERAL. 



11 



tons sewed on similar to those on the coat. The seams of all the ^rments shall be sewed 
with strong silk thread. 

7%»rd— Deliveries of the articles herein contracted for shall be made as follows : At such 
places in the City of San Francisco as may be directed by the State Uniform Board ;. and 
no delay shall be made in commencing and prosecuting the work 

Faurthr— The articles herein contracted for shall be examined and inspected without 
unnecessary delay by a person or persons to be appointed by the State Uniform Board; 
and after such inspector shall have certified that they are in all respects as required by 
this contract and fully equal to the samples as aforesaid, they shall be received and 
become the property of the State of California. Any and all articles that may upon such 
inspection be condemned or rejected shall be taken and kept by said Schlamm Brothers, 
the party of the second part; and the said State Uniform Board shall be authorized to 
retain or deduct the value of any cloth or other goods that the State has furnished and 
which has been used in the manufacture of such rejected or condemned articles from any 
money that may be due at that time or afterwards become due, to the party of the sec- 
ond part 

Fifth— The said Schlamm Brothers shall receive for the supplies accepted from them 
the following prices, viz. : 



Articlk. 


MesBuriDg 
and Gutting. 


Trimming. 


Making. 


Total. 


Coats 


$0 30 
20 
25 


$1 85 

25 

1 25 


$3 25 
1 60 
1 00 


$6 40 
1 95 


Pants 


Blouses 


2 50 






Totals 


$0 75 


$3 35 


$6 75 


$9 85 







On acceptance of each lot, the bill for eighty per cent of the same will be audited by the 
Uniform Board, and delivered to the Board of Military Auditors: the State Uniform 
Board withholding twenty per cent of the whole amount from each payment, until the 
whole number or quantity thereof herein contracted for shall have been delivered, 
inspected, and accented by the State, when the balance of twenty per cent shall be 
audited and allowed in the same manner. 

Sixth — In ca.se of failure of the said Schlamm Brothers, the party of the second part, 
to perform the stipulations of this contract within the time and in the manner specified 
herein, the said State Uniform Board may contract with other parties to do the work and 
procure the necessary trimmings (the articles so procured and the work so done to be of 
th*e same kind herein specified as near as practicable); and the said Schlamm Brothers 
shall be chared with tne expense resulting from such failure. 

Seventh— 'S either this contract nor any interest therein shall be transferred by the said 
Schlamm Brothers to any other party without the consent of the State Uniform Board. 

In witness whereof, the undersigned have hereunto placed their hands and seals the 
date herein first before written. 

(Signed): R. H. ORTON, [seal.] 

Quartermaster-General. 

(Signed): . JOHN T. CUTTING,* [seal.] 

Brigadier-General. Second Brigade, N. G. C. 

(Signed): E. C. HUGHES, L^eal,! 

First Lieutenant and Quartermaster, First Infantry, N. G. C. 

(Signed): SCHLAMM BROS. [seal.] 

Bonds to the amount of five thousand dollars for the faithful perform- 
ance of the contract were required from Messrs. Schlamm Brothers, which 
were duly furnished, with good sureties, and they are on file in this ofl&ce. 

On the tenth of March, 1888, this office was notified that the cloth was 
ready for delivery. Samples of it were submitted to officers of the regular 
army, who had appliances for testing such goods, and it was pronounced in 
every respect equal or superior to similar grades of cloth used in the army, 
as to color, finish, iand strength, a square inch of the dark blue cloth stand- 
ing twenty-two pounds more strain than the standard army cloth. While 
it was being tested, General Howard saw some of it, and (I have been 
informed), purchased enough of it from the manufacturers for his own 
uniform, so that a Major-General in the United States Army is now wear- 
ing the same grade of cloth as the enlisted men of the N. G. C. I mention 
this, as some adverse criticism of the cloth has appeared in the daily papers 



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12 REPORT OF THE ADJUTANT-GENERAL. • 

of this State. The cloth was accepted and the bills of the manufacturers 
have been audited and paid. 

As soon as the cloth was delivered the contractors for making the uni- 
forms commenced work, and up to the date of this writing they have deliv- 
ered nearly two thousand uniforms. As they are still at work, a complete 
report cannot be made. Each article, before acceptance, has been carefully 
inspected by one of the members of the State Uniform Board, and the In- 
spector's stamp placed thereon. Each article has been carefully marked 
on the lining with a stamp showing it to be the property of the State, and 
numbered; a register of which will be kept at this office showing to whom 
it was originally issued. 

The State Uniform Board, after deducting from the appropriation enough 
to uniform the Non-commissioned, Staff Officers, Bands, Signal Corps, and 
Cadet Companies, apportioned the balance among the forty companies in 
existence at the time the bill was passed, and found that it could allow but 
eleven hundred and forty dollars to each company, and an order was issued 
to that effect (General Orders No. 5, Series of 1888). That amount will 
allow fifty-seven each of coats, pants, and blouses, to each company. 

When these uniforms are finished and issued, the National Guard of this 
State will be better clothed than it has ever been before. I have had per- 
sonal knowledge of every large lot of clothing that has been issued in this 
State for the past twenty-five years, and I do not hesitate to say that this 
lot is better in every respect than any heretofore issued. 

The ten new companies organized after the bill appropriating the money 
for the uniforms became a law, were not considered entitled to any part of 
it, as it was made a condition of their acceptance in the National uuard of 
the State that they should waive all claim to any part of the military funds 
appropriated for the old establishment; but it is sincerely hoped that the 
next Legislature will make the same proportional allowance for their uni- 
forms, as well as all other appropriations for their maintenance. 

In this connection, I wish to return thanks to the members of the Board 
resident in San Francisco, General Cutting, and Lieutenant Hughes. They 
have been compelled to give a great deal of their valuable time to the 
work pertaining to the manufacture and inspection of the uniforms, with- 
out compensation, and they are deserving of a great deal of credit for the 
cheerful ahd prompt manner in which they haye performed their duties. 

GATLING GUNS, 

The last Legislature appropriated five hundred dollars for the purpose 
of having the four gatling guns in San Francisco changed from a horse to 
a hand battery. 

After I had received notice of my appointment to this office, and before 
I assumed its duties, I happened accidentally to drop into the shop where 
the work of alteration had commenced ; I saw at once that the plan adopted 
would render them unserviceable; and when I learned that one half the 
amount of the appropriation was being expended on one gun (viz., two 
hundred and fifty dollars), I suggested to the party who had the contract 
that it would be as well to let the matter rest until after I had received 
my commission, which he consented to do. I don't know upon whose plan 
the alteration was being made, but think it was principally upon the manu- 
facturer's own. He had thrown aside the old carriage almost entirely, 
using nothing except part of the ammunition boxes. He had placed the 
gun on a four-wheeled carriage, the wheels much larger than the old ones, 
and nearly five feet high; when the gun was unlimbered for action, the 



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REPORT OF THE ADJUTANT-GENERAL. 13 

adjusting screw was not long enough to bring it to a horizontal position, 
and it was not practicable to put in a longer one without destroying the 
stability of the gun; the carriage was unwieldy, out of proportion to the 
gun, and took up a great deal of room. 

Shortly after assuming the duties of the olSBce, I directed him to alter 
them on a different plan. I instructed him to use the old carriages ; the 
shifts and foot-boards were cut away, the tool box was removed, and the 
ammunition chests were reduced to one half their former capacity; in place 
of the shafts, iron handles with reels and rachets to hold about thirty feet 
of rope each were attached, the handles or pole being supported by a small 
trail-stock or shoe. The handles were nickel-plated, and the carriages 
were nicely painted light blue with black stripes, and the four guns were 
altered for the amount of the appropriation, viz., $500. Though not as com- 
plete as they might have been made with a larger appropriation, and not 
as easily handled as they would have been with a third wheel under the end 
of the trail-stock, they are as complete and as serviceable as they could be 
made with the small amount available. They are still in nossession of Light 
Battery A, Second Artillery, San Francisco, but as that company has 
besides them, four ten-pound Parrott guns, the question of making other 
disposition of them has been seriously considered. Application has been 
made for them by the commanding officers of the First and Third Infantry 
Regiments. I have been of the opinion for some time that the best dispo- 
sition of them would be to give one each to the First and Third Regiments 
in San Francisco, to the Sixth in Stockton, and the Seventh in Los 
Angeles. 

NEW ARMS, ETC. 

On the tenth of December a reauisition was made on the Greneral Gov- 
eminent by your Excellency, for four hundred and sixty new rifles, and 
when they were received, it was decided by this office that they should be 
distributed equally among the different companies — ^ten to each — and as it 
was found that the arms already in their hands were unequally distributed, 
some companies having more men than rifles, and some more rifles than 
men, it was decided to readjust all the arms in possession of the different 
companies, and General Orders No. 2, dated February 6, 1888, was issued, 
making such readjustment. The provisions of that order have been car- 
ried out, and the arms have been redistributed on a basis of sixty to a 
company. When I assumed the duties of this office, I found that a requi- 
sition had been sent to the general government for sixty thousand ball 
cartridges. They were received early in November, and it was decided to 
hold them for use in case of an emergency, and they were issued to the 
different Brigade Commanders, as follows : 

To the Commander First Brigade 4,000 rounds. 

To the Commander Second Brigade 34,000 rounds. 

To the Commander Third Brigade 6,000 rounds. 

To the Commander Fourth Brigade 8,000 rounds. 

To the Commander Fifth Brigade 2,000 rounds. 

To the Commander Sixth Brigade ^ 2,000 rounds. 

Remaining on hand 5,000 rounds. 

The Brigade Commanders were directed to hold them for the purpose 
mentioned, and in no case to use them or permit them to be used for target 
practice. 

It was found that four thousand one hundred and fifty dollars worth of 
ammunition had been drawn upon the annual allowances from the general 
government for the armament of the militia, during the preceding two 



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14 REPORT OF THE ADJUTANT-GENERAL. 

years, or nearly two thirds of the whole allowance for that time, and it was 
announced that no more ammunition would be drawn from that source, 
but that the allowance from the Government would be taken in arms or 
accouterments, and such ammunition as may be needed would be pur- 
chased with State funds. 

In this connection I will state that from 1808 until the last year, the 
annual appropriation for the militia by the United States was $200,000, 
which amount was raised in 1887 to $400,000. Under the former appro- 
priation the amount allowed this State was $3,712 30; under the latter the 
amount is $7,373 27. 

A requisition for three thousand McKeever cartridge boxes, with waist 
belts and bayonet scabbards, has been sent to the Secretary of War, the 
value of which will exhaust the whole amount due this State until the 
expiration of the fiscal year ending June 30, 1889. 

TARGET PRACTICE. 

The last Legislature made an appropriation of three thousand five hun- 
dred dollars, for the promotion of target practice for the thirty-ninth and 
fortieth fiscal years, just half the amount allowed by law. It was deemed 
advisable to devote a part of that amount to the purchase of a State Deco- 
ration, to be awarded to those making a certain percentage at the annual 
target practice, which the law requires to be held in September of each 
vear. A circular bronze medal was adopted, having for design a bear's 
head in the center, with suitable inscriptions around the margin and on 
the back, to which are to be attached gold, silver, or bronze bars, with the 
year and the words " Sharpshooter," " Rifleman," or " Marksman " inscribed 
thereon, to denote the standing the soldier has attained during that par- 
ticular year. 

The design of the decoration was adopted, and the order fixing the per- 
centage of the different grades was issued before I assumed the duties of 
this office; the percentage required to entitle the soldier to one of the dec- 
orations was purposely placed low, in order to encourage those who had 
not given much attention to target practice. The result was that there 
were six hundred and eighty-eight badges won at the annual target prac- 
tice in September, 1887. Each of the medals were numbered on the edge 
consecutively, and a register of them is kept in this office, so it will always 
be known to whom they were issued. The complete result of the practice, 
the names of the winners, and register numbers, were published in General 
Orders Nos. 7 and 11, series of 1888, which, with the consolidated report, 
and the reports of the Inspectors of Rifle Practice, will be found published 
in the appendix to this report. In this connection I wish to return thanks 
to Colonel Herman Bendel, Inspector-General of Rifle Practice, Lieutenant- 
Colonel H. H. Kohler, Division Inspector of Rifle Practice, and Major Shel- 
don I. Kellogg, Jr., for the faithful manner in which they have performed 
their duties. The result of their work is found in the consolidated report 
of target practice. 

In addition to the sixty thousand rounds of ammunition issued to Bri- 
gade Commanders to be held for an emergency, I have purchased fifty 
thousand rounds with the balance of the fund to promote target practice, 
and have that amount now stored for use at the annual target practice to 
be held during the year 1888. 

A soldier, to be efficient, should be able to shoot with some degree of 
accuracy, to attain which, practice is necessary, and Captains should adopt 
a system of instruction in that branch of a soldier's duties in the armory, 



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REPORT OP THE ADJUTANT-GENERAL. 15 

and see that each man is properly instructed in the theory of marksman- 
ship. In a revision of the Regulations Groverning the National Guard, now 
being prepared in this office, a system of instruction has been incorporated 
which will be required to be followed and enforced after they have been 
issued, which it is expected will produce uniformity and efficiency. 

In the order about to be issued for the annual target practice for the cur- 
rent year, some innovations will be introduced. All members of the 
National Guard, including retired officers, musicians, and markers, will 
be permitted to take part and win, if they can, the State decorations. The 
distance required for companies armed with the pistol, will be increased, 
or they be required to shoot with rifles or carbines, and organizations will 
be required to go to the target by regiments, instead of companies, where 
there is a regimental organization, except in those cases where the com- 
panies are stationed in different towns. 

ENCAMPMENTS. 

During the time covered by this report, there have been encampments 
held by the following organizations: By the First Infantry, at Santa Rosa, 
in July, 1886, and by the Third Infantry, at Healdsburg, in the same 
month and year. As I was not personally present at either of these en- 
campments, and as there is no report of them on file^ it is impossible to give 
any further account of them. 

During the year 1887, an encampment of the Second Brigade, accom- 
panied by the Sixth Infantry Battalion of the Third Brigade, was held at 
Healdsburg, and an encampment of the First Artillery, Fourth Brigade, 
was held at Santa Cruz. Colonel W. R. Shafter, First Infantry, U. S. A., 
was specially detailed by the AdjutantrGeneral of the Army to visit and 
inspect these camps, and his report will be found published in General 
Oraers No. 1, Series of 1888, published herewith. 

These encampments are productive of great good to the National Guard, 
and it is to be noped that the Legislature will make ample provision for 
their continuance. The few touts now owned by the State are almost un- 
serviceable. They were purchased in 1863, and have now been in use 
for twenty-five years, and the State can well afford to replace them with a 
new lot, and it is hoped that an appropriation will be made therefor. 

It is also recommended that an appropriation be made for a Division 
encampment, similar to the one held in Santa Cruz in 1885, for in encamp- 
ment on a large scale the instruction is more thorough and the officers of 
higher rank are required to be present and take part, thus increasing their 
knowledge of their military duties. 

SYSTEM OF ACCOUNTS. 

I have long been of the opinion that the manner of disbursing the State 
money is wrong. The bulk of it is paid to Captains of companies, who 
are made ex officio company Treasurers. They have been permitted for 
years to handle and disburse the same without rendering adequate ac- 
counts, supported by proper vouchers to the companies, or the State; they 
have only been required by the law to make annual statements of the 
manner in which such moneys have been expended. Commencing with 
the year 1888, 1 inaugurated a new system, and have required every officer 
disbursing State money to render a quarterly account current of the money 
80 expended, to this office. I have also required a quarterly statement of 
the property on hand from every officer responsible therefor. 



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H KEKVtrr «>r the Al*r7TA3FT-^nT»4l 

V/ Ca^^ailrjft r^ Ar>o».l*r-^- aryi tr>t wL>l*r ^>warj':jie sjt *a«!£ r^ss=»»&4 tie 

'W '.\,&e*j:r»r ftat^/j^f»^. r:;pj^./r>d t/j d:;pl;':a;e T-»:i:>efS- Sj Aif:]i^:ciD^ 

|/**^>j *:fx,\r^. hi hi* fy/f/.EGAr.'i: ard. at tfje satL-e un>e, I Sieii-rT-e ibe Tij/aaer 
wrfi'A f/^ XiJ0T*z ir.Vr.Jsr^rr^tlr an-d fy»ei5liT di^hursed. tj«cca:2?e irkix oi^-w 
ir/yriid ri*> ^itzf^^hA \ij Xfie Colooei od account of hi* niia^iial abdliij. and 

urjouv* fir California v**.l-3fiecb5- 

Tr.l* Htat/; {nnivAt*A nfrariri5ixv*n thoosaod troopeto the United States 
fj^irvic^ during the dvil war. yet no record of the icen or the service thej 
j/?rf<finn':*l ha* tir*fT \f^r^n p»jbIL%hed by this great and glori-i-os Slate. XeariV 
*r/ffry fAWir State in the L'nion ha« pabli*bed such reoxd, and it is a dis- 
Ifrace that thin State ha« not done so. Every day letters are reedved at 
thill offi^;e ai>king for information aboat California soldiers. Uxt the purpose of 
making amiHcationji for pensions or bounties, or in land mattefs. or ur the 
fniqffftoh fn j^/ining the Grand Army of the Republic and kindred societies, 
or t^> finable them to enter sr^ldiers^ homes; and now that a g;reat many of 
the old mUhern have passed away, these letters are coming from their 
widows or children, ana they will continue to be received fw the next fifty 
ffT more years. Tables V and W, published as part of this lepott, wiU 
show tlu; numl^er of certificates and testimonials that have been issued to 
iyfiMUmna W^lunteers durii^g the last two years, and fiiUy one half of the 
i'jmiuinincaiumn are answered by letters from this office, and no certificate 
or XHniuufniisA issued. 

To gain the information asked for, and to make out the certificates, it is 
tu-jteHHary to go to the muster or muster-out rolls of the companies on file 
in this office;, and as these rolls have now been used for that purpose for 
twenty-five or more years, and as proper care has not been exercised in 
refoluing and refiling, they are now getting in a very dilapidated condition; 
mme of the names that occur where the papers are foldea are now illegible, 
and but a few years must elapse before tney be entirely destroyed, and the 
HtaU; will l>e put to the great expense of sending a man to W ashington to 
<t()])Y the originals on file there. I would therefore earnestly recommend 
anri urge that an appropriation of three thousand dollars be made for the 
purpoHe of having tne necessary clerical work done in this office, and that 
the Htatf; Printer be authorized to issue ten thousand copies of the same, 
and provision l)e made therefor. 

NEW KEGULATIONS. 

Tlio liegulations Governing the National Guard are now being revised 
and rewritten in this oflice. This work has become necessary for the reason 
thai the old edition has become exhausted, and there are hundreds of offi- 
ccTH now in the service who have no copy of them, and for the reason that 
nmnv changes have occurred and a great many paragraphs have become 
obKofete. 

Th(} law authorizes the issuance of three thouisand copies a year, though 
none have been issued since the year 1880. 



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REPORT OP THE ADJUTAWIMJENERAL. 17 

VETERAN ASSOCIATION, N. G. C. 

On Wednesday, May tenth, a meeting was held in the armory of Com- 
pany C, First Infantry, in San Francisco, in accordance with a notice 
published in General Orders No. 8, from these headquarters, and the above 
organization formed, by the election of General John Hewston as Presi- 
dent, and Ed. T. Foley as Secretary. It is a society formed of those hold- 
ing exempt certificates in the National Guard, and it is expected that great 
good will result from it, one of its objects being to " advance the interests 
of the National Guard." 

BATTALION OF UNIVERSITY CADETS. 

The battalion of University Cadets is authorized and established by 
Section 1473, Political Code, which reads as follows : " The students of the 
University must be organized into a body known as the University Cadets." 

Section 1474 prescribes the oflScers of the battalion, and reads as follows: 
" The officers of cadets, between and including the ranks of Second Lieu- 
tenant and Colonel, must be selected by the Chief Military Instructor with 
the assent of the President of the University, and must be commissioned by 
the Governor." 

Section 1475 authorizes the Adjutant-Gk^neral to issue to them arms, etc. 

Section 1476 reads as follows: *' Upon graduating or retiring from the 
University, such officers may resign their commissions or hold the same as 
retired officers of the University Cadets, liable to be called into service by 
the Governor in case of war, invasion, insurrection, or rebellion." 

Section 1477 requires the Military Instructor to make quarterly reports 
to the Adjutant-General, showing number, discipline, and equipments of the 
cadets. 

Under the above provision of the Code, which constitutes the whole of 
the law in regard to tiie Military Department of the University, the cadets 
are organized by the University authorities into a battalion of four com- 
panies, under charge of an officer of the regular army, acting as Military 
Instructor. His rank is that of First Lieutenant. Some time during the 
term he appoints the line and staff officers of the battalion, consisting of 
four Captams, four First and four Second Lieutenants, Adjutant, and I 
believe Quartermaster. These officers perform the duties of their respect- 
ive grades and wear the insignia of their rank, though not commissioned. 
Finally, just before graduating, the Military Instructor sends in to this office 
a list of names of cadets for appointments to fill all th6 grades from Colo- 
nel to Second Lieutenants, with the request that the commissions be issued 
on the date of graduation, that rank be given them, and that they be 
placed on the retired list of University Cadets on same date. It seems to 
me that the honor thus conferred is an empty one, and I cannot under- 
stand why such an absurd rule has been adopted, unless it is that there is 
objection to appointing cadet officers to grades so much higher than that 
of the Military Instructor. 

I would suggest and recommend that the laws be changed, and that the 

grade of Colonel be abolished; that the Military Instructor, though a First 
ieutenant of the army, be commissioned a Lieutenant-Colonel in the 
National Guard of this State; that the highest cadet officer be a Major; 
that they be commissioned early in the term, and that the Board of Regents 
have power to reduce commissioned officers for cause, or failure to graduate. 
The following is the last report of the Military Instructor: 
2' 



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18 REPORT OF THE ADJUTAIWV-GENBRAL, 

LIT 

Bebkelet, July 1, 1888. 



University or Califobnia, Militaby Depabtment^ t 



To the Adjutant-General^ State of California: 

Sib: In compliance with Section 1477^ Political Ck)de, I hare the honor to make, for the 
quarter ending June 80, 1888, the following report: 
Number of Cadets on roll of University Battalion, 177; discipline, good. 
Equipments belonging to State are described on Ordnance Return. 
I am sir, very resT)ectiully, your obedient servant, 

GEO. F. B. HARBISON, 
First Lieutenant, Second Artillery, U. S. A., 
Commanding Battalion of Cadets. 

RECOMMENDATIONS. 

I would respectfully recommend that some provision be made for trans- 
portation of troops in case of an emergency, and that an appropriation be 
made for that purpose, and for the payment of troops that may be called 
into active service. 

I would also respectfully recommend that the law in relation to placing 
oflScers on the Retired List be changed, and that any officer who has 
served continuously for eight years as a commissioned officer, may be 
placed on that list, upon his own application, whether he is now in the ser- 
vice or not. 

I would also recommend that the State Prison Guards be made part of 
the National Guard, as unattached companies, and the officers be commis- 
sioned by the Governor. There seems to be no provision now in the law 
for such organizations ; they are appointed by the Directors, the officers are 
not commissioned at all, and I do not know how or where they get their 
power or authority to shoot men even if they are prisoners and attempting 
to escape. They should be recognized and duly organized by law. 

The Warden should be commissioned as Colonel, and the other officers 
with suitable rank; they should be properly uniformed, and it should be 
worn at all times when on duty, both by officers and men; better discipline 
would be Enforced and the guard made more eflfective. 

CADET COMPANIES. 

I would suggest and recommend that so much of Section 2022, Political 
Code, as authorizes the commanding officers of regiments or battalions to 
organize cadet companies be repealed. I think such companies of doubt- 
ful utilit}^, and know that the system of permitting regimental commanders 
to organize companies without consultation of consent or this office is 
wrong. 

The following tables are attached to and made a part of this report: 

Table A— Appropriation, thirty-eighth fiscal year. 

Table B — Appropriation, thirty-ninth fiscal year. 

Table C— Appropriation, Tareet Practice. 

Table D— Appropriation, Gatling Gun. 

Table E — Appropriation, Uniforms. 

Table F— Appropriation, Encampment. 

Table G— Military Property. 

Table H— Annual Returns, 1886. 

Table 1 1— Annual Returns, 18«7. 

Table 1 2— Annual Returns, 1888. 

Table J— Average Attendance. 

Table K— Enrolled Militia. 

Table L— Consolidated Target Practice. 

Table M—Best Shots. 

Table N— Regimental Teams. 

Table 1— Roster of Officers. 

Table O 2— Commissions Issued. 

Table P— Retired List. 



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REPORT OP THE ADJUTANT-GENERAL. 19 

Table Q l—Resignations. 

Table Q 2— Commissions Expired. 

Table R— Exempt Certificates. 

Table 8— University Cadets. 

Table T— Pardons Granted. 

Table U— Deaths. 

Table V— Testimonials. 

Table W— Certificates of Service. 

Table X— Commanders-in-Chief and Staffs. 

Table Y~General Officers. 

Table Z— Retired Officers, University, etc. 

Finally, I wish to return thanks to your Excellency for your many acts 
of kindness to my assistant and to myself, and for the great interest you 
have manifested toward the National Guard. And I especially wish to 
mention Colonel Perrie Kewen, my Assistant Adjutant-General, and to give 
him credit for his faithfulness to duty. I have always found him prompt, 
and ready to work early and late, in order to keep the business of the office 
completed up to date. 

I am, sir, very respectfully, your obedient servant, 

RICHARD H. ORTON, 

Ad j utant-General . 



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20 



REPORT OF THE ADJUTANIVGENERAL. 



TABLE A. 
Appropriations and Expenditures— Thirty -Eighth Fiscal Year. 



Salary of Adjutant-General - 




$3,000 00 


Certified to George B. Cosby 


13,000 00 










$3.000 00 


$3,000 00 


Salary of Assistant Adjutant-General 




$1,800 00 


Certified to Perrie Kewen 


11,800 00 










11,800 00 


$1.800 00 


Pav of Porter 




$300 00 


Certified to E. L. Brown 


$15 00 
285 00 


Certified to Martin Beasley 










1300 00 


$300 00 


Postage and Expresaage— Thirty-eighth fiscal year, ending June SO, 
Amount of appropriation --. 




$150 00 


Certified to George B. Cosby 


161 87 
40 50 
27 90 
19 73 


Certified to Perrie Kewen 




Certified to Wells, Fargo <& Co 




Balance 










1150 00 


$160 00 


Amount of appropriation 




$750 00 


Certified to George B. Cosby - 


1322 25 
124 35 

39 25 
780 
780 

12 70 
7 80 
800 

12 80 
300 
7 80 

30 00 
6 00 

37 00 

390 

6 50 

108 50 


Certified to Perrie Kewen 




Certified to Martin Beasley 




Certified to W. Doan 




Certified to Sacramento News Company - - 




Certified to R. M. Beard 




Certified to C. E. Spencer 




Certified to Union ice Company , 




Certified to P. W.Sheehan..—. 




Certified to Donald Bruce 




Certified to C. A. Sawtelle 




Certified to John Cooke 




Certified to Army and Navy Journal 1 




Certified to J. H.Byrne 




Certified to Henry Puchs 




Certified to William McLaughlin 




Balance - 










1750 00 


$750 00 


Amount allowed for Armory Rents and other expenses of the National 
Guard of California, thirty-eighth fiscal year, 1886-1887. 

Amount of appropriation . 




$69,000 00 


To Diyision Headauarters .. 


1300 00 

120 00 

1,620 00 

180 00 

360 00 

60 00 

60 00 

720 00 

720 00 

720 00 

600 00 

180 00 

660 00 


To First Brigade Headquarters 




To Second Brigade Headquarters 

To Third Brigade Headquarters 




To Fourth Brigade Heaaquarters 




To Fifth Brigade Headquarters 




To Sixth Brigade Headquarters .. 




To First Infantry Headquarters 




To Second Artillery Headquarters 




To Third Infantry Headquarters 




To Fifth Infantry Headquarters 




To Sixth Infantry Headquarters 




To First Artillery Headquarters 








Amounts carried forward 


16,300 00 


$69,000 00 



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REPORT OP THE ADJUTANTH3ENERAL. 
Table A— Continued. 



21 



Amonnts brought forward , 

To Company A, First Infantry, Second Brigade 

To Company B, First Infantry, Second Brigade 

To Company C, First Infantry, Second Brigade 

To Company D, First Infantry, Second Brigade 

To Company F, First Infantry, Second Brigade 

To Company G, First Infantry, Second Brigade 

To Company H, First Infantry, Second Brigade 

To Cadet Company, First Infantry, Second Brigade - . 

To Company A, Second ArtiUery, Second Brigade 

To Company C, Second Artillery, Second Brigade 

To Company D, Second Artillery, Second Brigade 

•To Company E, Second Artillery, Second Brigade 

To Company F, Second Artillery, Second Brigade 

To Company 0, Second Artillery, Second Brigade 

To Company H, Second Artillery. Second Brigaide 

To Cadet Company, Second Artillery, Second Brigade 

To Company A, Tnird Infantry, Second Brigade 

To Company B, Third Infantry, Second Brigade 

To Company C, Third Infantry, Second Brigade 

To Company D, Third Infantry, Second Brigade 

To Company E. Third Infantry, Second Brigade 

To Company F, Third Infantry, Second Brigade 

To Company G, Third Infantry, Second Brigade 

To Cadet Company, Third Infantry. Second Brigade . 

To Company A, Fifth Infantry, Second Brigade 

To Company B, Fifth Infantry, Second Brigade 

To Company C, Fifth Infantry, Second Brigade 

To Company D, Fifth Infantry, Second Brigade 

To Company E, Fifth Infantry, Second Brigade 

To Company F, Fifth Infantry, Second Brigade 

To San Francisco Hussars, Second Brigade 

To Company A. Sixth Infantry, Third Brigade 

To Company B, Sixth Infantry, Third Brigade 

To Company C, Sixth Infantry, Third Brigade 

To Company A, Seventh Infantry, First Brigade 

To Company B, Seventh Infantry, First Brigade 

To Company A, First Artillery, Fourth Brigade 

To Company B, First Artillery, Fourth Brigade 

To Company C, First Artillery, Fourth Brigade 

To Company E, First ArtiUery, Fourth Brigade 

To Company F, First Artillery, Fourth Brigade 

To Company G, First Artillery, Fourth Brigade 

To Chico Guard, Fifth Brigade 

To Eureka Guard, Sixth Brigade 

To President Examining Board, Second Brigade 

To President Examining Board, Fourth Brigade 

To John T. StoU 

To Edward G. Sprowl 

To P. W. Sheehan 

To Edgar L. Brown 

To Charles Sonntag 

To George B. Cosby 

ToE. B. Manderville 

To Martin Beasley 

Totals 



16,300 
1,430 
1,430 
1,430 
1,430 
1,430 
1,430 
1,430 

310 
2,630 
1,430 
1,430 
1,430 
1,430 
1,430 
1,430 

476 
1,430 
1,430 
1,430 
1,430 
1,430 
1,430 
1,430 

476 
1,430 
1,480 
1,430 
1,430 

476 
1,430 
2,030 
1,430 
1,430 
1,430 
1,430 
1,430 
1,430 
2,630 
1,430 
1,430 
1.430 
1,430 
1,430 
1,430 

163 
30 
28 

100 
38 
12 

357 

10 

6 

6 



169,000 00 



168,000 00 



169,000 00 



Digiti 



ized by Google 



22 



REPORT OP THE ADJUTANT-GENERAL. 



TABLE B. 
Appropbiations and ExPKNDiTUBics— Thiety-Ninth Fiscal Year. 



Salary of Adjutant-General . 
Certified to George B. Cosby . 
Certilied to R. H. Orton 



I 11,000 00 
2,000 00 



Salary of Assistant Adjutant-General . 
Certified to PerrieKewen 



Pay of Porter 

Certified to Martin Beasley . 
Certified to C. C. Duhain 



P08t<ige and expressage— Thirty-ninth fiscal year^ ending June SO^ 1888. 

Amount of appropriation 

Certified to George B. Cosby 

Certified to PerrieKewen 

Certified to Wells, Fargo & Co 

Certified to R. H. Orton 

Balance 



Cleaning and transportation of arms^ and contingent expenses of the 
Adjutant-General— Thirty-ninth fiscal year, 1887-1888. ' 



Amount 
Certified 
Certified 
Certified 
Certified 
Certified 
Certified 
Certified 
Certified 
Certified 
Certified 



of appropriation 

to George B. Cosby 

to PerrieKewen 

to R.H. Orton 

toC.C. Duhain 

to William McLaughlin . 

to Frank H. Wing 

to W. Doan 

to John T. Cutting 

to James S. Smith 

to Donald Bruce 



Amount allowed for Armory Rents and other expenses of the National 
Guard of Calif omia— Thirty-ninth fiscal year, ^887-1888. 

Amount of appropriation 

To Division Headquarters 

To First Brigade Headquarters 

To Second Brigade Headquarters 

To Third Brigade Headquarters * 

To Fourth Brigade Headquarters 

To Fifth Brigade Headquarters 

To Sixth Brigade Headquarters 

To First Infantry Headquarters 

To Second Artillery Headquarters 

To Third Infantry Headquarters 

To Fifth Infantry Headquarters 

To Sixth Infantry Headquarters 

To Seventh Infantry Headquarters 

To First Artillery Headquarters 

To Company A, First Infantry 

To Company B, First Infantry 

To Company C, First Infantry 

To Company D, First Infantry 

To Company F, First Infantry 

To Company G, First Infantry 



Amounts carried forward . 



$3,000 00 



11,800 00 



11,800 00 



$20 00 
280 00 



1300 00 



|18 25 
28 05 
41 35 

111 62 
83 



1200 00 



1158 80 

151 16 

301 d5 

23 60 

5 15 

36 75 

890 

12 80 

50 00 

600 



1750 00 



1600 00 

120 00 

1,680 00 

180 00 

360 00 

60 00 

60 00 

1,474 52 

1.338 52 

1.339 51 
930 00 
225 00 

90 00 
1,384 51 
1.363 58 
1,363 58 
1,363 58 
1,363 58 
1,363 58 
1,863 58 



118,034 54 



$8,000 00 



$3,000 00 



$1,800 00 



Jl,800 00 , • 
$300 00 



$300 00 
$200 00 

$200 00 



$750 00 



$750 00 



$70,000 00 



$70,000 00 



Digiti 



ized by Google 



REPORT OP THE ADJUTANT-GENERAL. 
Table B— Continued. 



23 



Amoan ts broagfat forward 

To Company H, First Infantry 

To Company A, Second Artillery 

To Company C, Second Artillery 

To Company D, Second Artillery 

To Company E, Second Artillery 

To Company F, Second Artillery 

To Company G, Second Artillery 

To Company H, Second Artillery 

To Company A, Third Infantry 

To Company B, Third Infantry 

To Company C, Third Infantry 

To Company D, Third Infantry 

To Company E, Third Infantry 

To Company F, Third Infantry 

To Company G, Third Infantry 

To Company A, Fifth Infantry 

To Company B, Fifth Infantry 

To Company C, Fifth Infantry 

To Company D, Fifth Infantry 

To Company E, Fifth Infantry 

To Company F, Fifth Infantry 

To Company A; Sixth Infantry 

To Company B, Sixth Infantry 

To Company C, Sixth Infantry 

To Company D, Sixth Infantry 

To Company A, Seventh Infantry 

To Company B, Seventh Infantry 

To Company A, First Artillery 

To Company B, First Artillery 

To Company C, First Artillery 

To Company E, First Artillery 

To Company F, First Artillery 

To Company G, First Artillery 

To Chico Guard 

To Eureka Guard 

To San Francisco Hussars 

To Examining Board, Second Brigade 
To Examining Board, Fourth Brigade 

To Frank P. McLennon 

To Charles Sonntag & Co 

To W. H. Dimond 

To California Powder Company 

To Thomas T. Wiseman 

To Cornelius McLean 

To Frank D. Ryan 

Totals 



118,034 
1,363 
2,563 
1,363 
1,363 
1,363 
1,363 
1.363 
1,363 
1,363 
1,363 
1,363 
l,3a3 
1.363 
1,363 
1,363 
1,363 
1,363 
1,363 
1,363 
1,363 
1,363 



1,363 
454 
1,363 
1,363 
1,363 
2,663 
1,363 



1,363 

1,363 

1,363 

1,363 

1,963 

187 

135 

16 

289 

17 

48 

13 

75 

15 



170,000 00 



$70,000 00 



$70,000 00 



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24 



BEFOBT OF THE ADJUTANT-GENERAL. 



TABLE C. 

Appbopbiatiok to Pbomotb Tabgkt Practicb in the National Guard of Cauforiiiji, 
Thiety-Ninth Fiscal Yeas. 



Amount of appropriation ' $1,750 00 



Certified to C. W. Gordon 

Certified to F. P. McLennon 

Certified to Pierce <k Each 

Certified to Nevelle & Co 

Certified to John E. Klein 

Certified to Charles Sonntag & Co.. 
Certified to George C. Shreve <k Co. 
Balance 



Totals. 



$12 50 


15 50 


57 45 j 


800 . 


28 35. 


1,012 50 ' 


595 05 i 


20 65 1 



$1,750 00 I $1,750 00 



TABLE D. 
Appropriation fob Altering Gatlino Gun Carriages. 



Amount of appropriation . - 




$500 00 


Certified to California Fire Apparatus Manufacturing Company. 


$500 00 




Total 


$500 00 


$500 00 







TABLE E, 
Appropriation for Uniforming the National Guard of California. 



Amount 
Certified 
Certified 
Certified 
Certified 
Certified 
Certified 
Certified 
Certified 
Balance 

Totals. 



of appropriation 

toSchlamm Brothers 

to Golden Gate W. M. Co. .. 
to Pioneer Woolen Factory 

to A. S. Hubbard 

to San Francisco Chronicle. 

to Daily Alta California 

to R. H. Orton 

to Frank H. Wing 



$12,547 254 

15,330 15 

3,856 OH 

300 00 

28 20 

16 50 

2 50 

800 

23,911 34 



$56,000 00 



$56,000 00 



$56,000 00 



TABLE F. 

Expenditures of the National Guard of California Encampment, Thirty- Eighth 

Fiscal Year. 



Amount 
Certified 
Certified 
Certified 
Certified 
Certified 
Certified 
Certified 
Balance . 

Totals - 



of appropriation 

to John H. Dickinson . 
to John T. Cutting .-. 

toThos. F. Barry 

to J. M. Donahue 

to John W.Guthrie ... 

to Eugene Lehe 

to Charles C. Keene ... 



$3,236 25 
3,346 15 
3,121 83 
2,822 05 
3,017 76 
1,864 40 
744 00 
1,847 56 



$20,000 00 



$20,000 00 



$20,000 00 



Digiti 



ized by Google 



State of California, | 

County of Sacramento. ) 

Richard H. Orton, Adjutant-General of California, being duly swom, 
says: That the amounts certified to in the foregoing tables, under the 
head of postage and expressage, and cleaning and transportation of arms, 
traveling and contingent expenses of the AdjutantrGreneraVs office, were 
expended for the purpose above mentioned, to the best of his knowledge 
and belief. 

RICHARD H. ORTON, 
Adjutant-General of California. 

Subscribed and sworn to before me this tenth day of August, 1888. 

[seal.] J. S. Williams, 

Deputy Clerk Supreme Court. 



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REPOBT OF THE ADJUTANT-GENERAL. 



25 



TABLE G. 
Military Propa-ty of the State. 



Property. 


^1 

i 

Fa 


r 
1 

r 




M 

> 

i 


M 

1. 


M 

fi 


11 


II 
ji-T 


Total Military Property of 
the State July 26, 1888 


Liehtl2-lb guns 


4 
6 
2 
6 

iS 

12 

6 

4 

2 

1 

20 

34 

3 

16 

18 

20 

12 

32 

5 

12 

4 

12 

22 

12 

10 

5 

12 

12 

15 

10 

5 

2 

10 

26 

12 

2 

6 

200 

35 

21 

300 

286 

100 

28 

69 

6 

6 

4 

6 

6 

4 

4 

6 

6 

4 

2,850 

2,850 

862 


4 

6 

2 

6 

6 

10 

12 

6 

4 

2 

1 

20 

34 

3 

16 

18 

20 

12 

32 

5 

12 

4 

12 

22 

12 

10 

6 

12 

12 

15 

10 

5 

2 

10 

26 

12 

2 

6 

200 

35 

21 

300 

286 

100 

28 

69 

6 

6 

4 

6 

6 

4 

4 

6 

6 

4 

2,860 

2,850 

862 




4 
6 
2 
6 
6 
10 
12 
6 
4 
2 
1 

12 
22 








4 


10-ib Parrott guns 










6 


12-lb howitzers 










2 


Carriages and limbers, 12 lbs. 










6 


Carriages and limbers, 10 lbs. 










6 


Caissons 










10 


Sponges and rammers 










12 


Spare wheels 










6 


Spare poles 










4 


Forges 










2 


Battery wagons 








1 


Wheel harness 


8 
12 
3 








20 


Lead harness 








34 


Axes(fellinff) 








3 


Sponge buckets 


16 
18 
20 
12 
32 

5 
12 

4 
12 
22 
12 
10 

6 
12 
12 
15 
10 

5 

2 
10 
26 
12 

2 

6 

194 

35 




' 




16 


Tar buckets 










18 


Water buckets 










20 


Handspikes 










12 


Gunners haversacks 










32 


Gunners gimlets 










5 


lisnyards 










12 


Linstocks 










4 


Vent covers 










12 


Priming wires 










22 


Prolongs 










12 


Tarpaulins 










10 


Tangent scales 











5 


Thumbstalls 








12 


Tow hooks 










12 


Tube pouches 










16 


Vent punches 










10 


Wormers 






1 


6 


Worm and stave 








2 


Gunners pincers 










10 


Sponge covers 










26 


Gunners hammers 










12 


Grubbing knives 










2 


Leg ffuards 










6 


SaS&s 


20 









237 


Saddle blankets 








35 


Saddlebags 


21 

100 








21 


Bridles..:. 


200 

286 

80 

28 

69 

6 

6 

4 

6 

6 

4 

4 

6 

6 

4 

2,828 

2,828 

862 








300 


Breast straps and plates 








286 


Martingales 


20 








100 


Halters.- 








28 


Nosebags 










69 


Gatling guns, cal. 45 










6 


Gatiing gun carriages 






1 


6 


GatUng gun beds and frames. 
Adjusting screw wrenches. . . 










4 











6 


Camps for worm gear 








6 


Extractors for H. 0. shells... 










4 


Handspikes (traU) 










4 


Pin wrenches 










6 


Wiping rods (brass) 










6 


Gun covers 










4 


Springfield rifles, cal. 46 


22 
92 






15 
15 


2,836 
2,835 

862 


Bayonets 






Extractors for H. C. shells... 











Digitized by 



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26 



REPORT OP THE ADJUTANT-GENERAL. 



Table G — Continued. 



Pbopkktt. 


1 


1 

S" 

a 
I 
f 




M 

S 

H 

> 


2.1 


Is 

If 


it 

ii 

il 


II 

si 


Ii 

i 

i 2. 


Screwdriyers - 


3,431 

164 

755 

483 

88 

88 

466 

633 

306 

168 

388 

477 

739 

777 

118 

644 

11 

24 

240 

61 

6 

100 

10 

10 

10 

10 

10 

10 

134 

199 

200 

1,887 

1,278 

1,042 

766 

854 

1,458 

1,621 

416 

2 

16 

60 

200 

339 

1 

110,000 

60 

3 

2,420 

1,548 

847 

866 

1,077 

19 

1 

41 

1 

1 

2 

164 


3,431 

164 

755 

483 

88 

88 

466 

633 

306 

168 

368 

477 

739 

777 

118 

644 

11 

24 

240 

61 

6 

100 

10 

10 

10 

10 

10 

10 

134 

199 

200 

1,887 

1,278 

1,042 

766 

8M 

1,468 

1,621 

416 

2 

16 

60 

200 

339 

1 

110,000 

60 

3 

2,420 

1,548 

847 

866 

1,077 

19 

1 

41 

1 

1 

2 

164 


73 
3 


3,400 

161 

753 

483 

45 

46 

466 

633 

306 

168 

368 

477 

739 

777 

118 

644 

11 

24 

240 

61 

6 

90 
10 
10 
10 
10 
10 
10 


86 

1 3 


...... 


3,387 


Sprine vises 

Tiimbler punches 


161 
753 


Breech block cap screws 

Bridles 




1 


48S 


43 
43 






88 


Bridle screws .-., ,.. 








88 


Cam latch springs 

Kjector springs 








466 










63S 


Ejector spring spindles 

Extractors . - 










306 










168 


Firing pins 

Firing pin screws 










368 










477 


Mainsprings 










789 


Bear sprines 










777 


Sear screws 










118 


Tumbler screws 










644 


Wiping rods . 










11 


Breech blocks 










24 


Springfield carbines, cal. 45. . . 

Brushes and thongs 

Colt's revolvers 










240 










61 










6 


S. Smith & Wesson revolvers, 
caL46 


5 


1 


5 


95 


Mainsprings 

Trigger springs 


1 


10 




1 




10 


Barrel catch springs 





1 




10 


Stop sprin&rs. 


1 




10 


Pawl springs 








10 


Extractor springs 






.:..:.:::::: 


10 


Sabers :..„_ 


14 









134 


Saber belts 


i99 

200 

1,785 

1,192 

961 

706 

794 

1,372 

1,496 

374 

2 

16 

60 

60 

110 

1 

55,000 

5 

3 

2,420 

1,548 

847 

866 

1,077 









190 


Saber belt plates 










200 


Bavonet scabbards 


4 


98 
86 
81 
60 


...... 




49 
30 


1,838 


Cartridge boxes 


1.248 


Cartridge box plates 




1,042 


Cartridge box oelts ^ 






15 
34 
62 
34 
16 


751 


Cartridge box belt plates 

Waist belts f- 




60 

86 i 

125 

26 ; 


820 




1,396 


Waist belt plates 




1^7 


Gun slings 


16 


^ 


Drums 


2 


Drumsticks 








16 


Cadet rifles 










60 


Springfield muskets, cal. 58.. 
Bayonets . 


20 


120 
229 






200 






339 


Bench vise 








1 


Ball cartridges, cal. 46 

Arm chests 


55,000 









110.000 


56 






60 


Ammunition boxes 








3 


Uniform coats 










2,420 


Uniform pants 









1648 


Uniform nats and helmets . 










847 


Uniform caps 

Blouses 










866 










1,077 


Wall tents 


19 

1 

41 

1 

1 

1 

164 


1 




19 


Wall tent flies 










SibJey tents 




! 




41 


Hospital tents 


1 








Hospital tent flies . 










Headouarter tents 






1 




Tent poles, sets 






164 



















Digitized by 



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REFOBT OF THE ADJOTANT-GENERAL. 



27 



I 



1 
"6. 



1 

I 

I 

I 



<? 



Aggr«grt«- 



Non-oommifl>ioDed Offloen 



Aids-de-Oamp.. 



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Pay Dq^artment 



Medical Department .- 



SabsiBtenoe Department.. 



QoartermaBter'B Department.. 



^ ^ "«*< -* U3 "«J< -^ CO Cq I Op 
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Inspector-General's Department^. 



Acyutant-Oeneral's Department— 



Wi-IC^rH^ 



^c^cqc^cqc^^ t«- 



C^NCqC^NC^N iC 



Brigadier-Generals 



Mijor-Genprals _ 



Number of Oompanies.. 



5©'«*<C0rH^ 12 



COO 

OS . 

0*0 






•c 



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II 

■S.S 

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11 

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28 



REPORT OP THE ADJUTANT-GENERAL. 



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lO 












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1 fH 
















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88 


1 


li 

1 


Third Brigade. 

Company A 

Comiianv B _ __. _ __. ___ 


5 


Company D (Cadets) 

Fourth Brigade. 
First Artillfirv Reel m«nt 


1 

5 


1 




1 


1^ 

c 

E 




1 


•8 » 

11 

' 1 

i 


Sixth Brigade. 
Eureka Guard (unattached) 

TntAls _ 




"1 

1 

J 


is 

rs 

'eg 


c 
c 

1 
1 


1 

eg 




c 

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11 


1' 


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o «J 


1 
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c 
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S 
i 
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1 


1 

> 
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1 


j 
1 


1 

J 


2 

6 


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29 



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30 



REPORT OF THE ADJTJTANT-OEMERAL. 



rA ■$. 



2 



I 



I 



Aggregate— 


:SS$2SSS5 


s 




o 




NoD-Gommlsrioned OfBcen 




C< 


c< j • 






''t* 


Signal Department 




: 


^^ I 






©1 




Alds-de-Camp 


00 1-1 M C^ (N C^ ©^ ©1 


©« 


Pay Department 


^ rH i-li-l ,-1 ,-1 ^ 1-1 00 










l^ 




Qoartermaster's Department 






t«- 


Judge-Advocate's Department ,-»iHthiHt-(ih,-i.h 


00 


Medical Department .- 




00 


Engineer's Department 




00 


Ordnance Department ^... ^ 


{-'---'-'-"H 


r* 




Inspector-General's Department.. 


iH ©« N N ©« eq eq ©« 




AdUutantrOeneral's Department.. 




00 




iH 


1-iVh iH iH iH 1-1 


l- 




Hi^or-Generals 






i : M i i 


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Number of Companies *. 






«j-^.,^^ 


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1 

< 
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M 

o 


% 

c; 
c 
2 

a 

c 

a 

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> 

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t 


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03 




i 




c 

1 

1 


I 

1 

< 


d 

1 

1 

(COG 


§ 

li 


09 

1 









11 



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Total 



REPORT OF THE ADJUTANT-GENERAL. 



31 



Privates. 



2S8 



^^CD^^^^tfO 



rp '^ rf "^ •* TfiC 1< irj4>^^ 



Artiflcen 



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t>-oo;&iocDaoaocD*H 



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Sergeanta. 



COiOiOCD CD^<^iOiO<DC0e0iQ*Ht<-O;0C9iC;D00-^C0t^;0C9O 



Quartermastar-SergeantB.. 



Sergeaot-Mtvjore.. 



Second LieatenantB 



FIrat Uentenants . 



Ce^italna. 



Glu4>]aiiii 



Signal Department _ 



Sargeons . 



Inspecton Rifle Practice 



PaymastetB 



s 



Oommifliaries . 



Qaartermastem 



Ordnanoo OfiloerB 



A^jQtants . 



HiOore . 



Lieutenant-Colonels _ 



Colonels . 



aBBB 

0)000 
QQ 



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>>>»>>>» >i >> >» 

c c c c 




^ § ° 

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32 



Total. 



REPORT OP THE ADJUTANT-OENBRAL. 



Privatefl _ 



^$:j^S*^ 









Artlficera _ 



Markers _ 



MuBicIaiM . 



«OiHeo 'C^ «iH ic^ co»HC^ 



8« !- 



CiorporalB- 



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Sergoants 



■^ CD lO -^ >0 iH to ;0 00 to ;0 ;0 CO «H CD QOiOCDCD-^ 



CD CD lO CS CO 



Qaartermaster-Sergeants 



Sergeant-M^JoxB 



Second LientenantB . 



First Lieatenanta . 



1-lNfHiH 



CaptaloB- 



Chaplains 



Signal Department 



Surgeons . 



^ 



n 



Inspectors Rifle Practice 



Paymasters _ 



GommiBsarieB . 



Quartermasters . 



Ordnance Officers . 



Ac^utants.. 



Minora - 



Lieutenant-Colonels . 



Colonels _ 



s 

o 



•8 



5 



; ; ; ; w • -M ; ; ; ; ; J ' o 

ca a q flo'S)^ G a a a co ^ 

00 c3 c4 a fl9_^ 0) ^ c4 ^ 83 03 ci_. M 

fl fl a fl a c**^ a fi a fl a c e*J 



fl 




t! fl fl fl flO 

08 68 C8 08 08 ^ 

£^ 0*0. a ATS 

2aaas£ 

5 o o o 0.3J 
kuoooqq 



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^S ^ ^ S 



0000000 

u o o o o o 

CO ^O) ^W ^OQ ^« ^W OT 

a n fl fl fl s c 

01 oS 93 ej c8 e3 
Ih ^ h li M Ih 

fl fl fl fl fl fl s»^ c5 e 

03 OS 04 es e8 08 os^ 03 4) 08 
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51 



lOOOQ 



fl fl fl 



525.-§*5 

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REPORT OF THE ADJUTANOVGENERAL. 



83 



g S 



UOUOQ 



•§ "S -S .a 
I I .11 






6S 

O 

o 



o 

08 

£ 

53 



1 

H i 



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03 

I 



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34 



REPORT OF THE ADJUTANT-GENERAL. 



c4 



si 

•s'i 



I 






1 

"It 

I 








119 

59 

83 

1,152 

3,001 


r* 

^ 
""^ 






1 

1 


Total KnllBted 


SI 


'^*' 


PriTateB 






5 


Musicians ... 






(N«g 


Non-commiss. Offlcers— 


s;: 


C»5 


SI 


Total Ck}rainl8Bioned 


§- 




1 


g 

1 
s 

s 

1 


Inspec. RiJle Practice.. 
Orduanco Department _ 








C^iO 


- 








«iO 


r^ 








^^^ 


s 






t^C^t^OO 


3 


Captains 






-^12^ 


S 


Chaplains 








<N'* 


» 




Commis. of Sabsistence. 








<N»0 


t^ 


Quartermajsten 








(NIC 




1-- 


Adjutants 








CliC 






Paymasters 






- 


c^»o 


I^ 


Surgeons 




WO 


t^ 


Minors 




CD 


<N»0 


CO 




Lieutenant-Colonels .__ 
Colonels 








<^\o 


t^ 








C^iO 


l^ 






1 

< 

i 

s 

»h 
o 

o 

H 
K 

O 


Engineers 


00 










GO 




Pay Department 


00 










00 


Medical Department 


00 


- 








00 


Subsistence Departm't . 


r- 








Quartermast's Depart. . 


* i- 










t^ 


Ordnance Department . 


r- 










t*- 


Judge- Advocates 


oo 


- 


— 


- 


- 


00 


Inspectors-Qeneral 


lO 


A^jt-Generars Depart. 


00 










00 


Aidee-de-Camp 
















Brigadier-Generals 


t^ 










1^ 


s 


Major-Qenerals 


fH 










•- 




H 

> 

1 

s 

< 


c 

i 

o 


a 

> 

g 


> 


> 
-< 


1 

£ 

l-H 


■» 


1 


1 
1 



Digitized by 



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REPORT OF THE ADJUTANT-GENERAL. 



35 



TABLE J. 

The Average Percentage of Attendance and Strength 9f the several oraanizcUtans of the National 
Guard of CeUifomia, for the fiscal years ending June SO, 1887 and 1888. Based upon the monthly 
drill reports of Companies. 



OBOAinXATION. 



Percentage of 

Attendance, 

1887. 



Strength, 
June 30, 1887. 



Percentage of 
Attendance, 



Strength, 
June 30, 1888. 



First Infantry 

Second Artillery 

Third Infantry 

Fifth Infantry 

Sixth Infantry 

Seventh Infantry 

First Artillery . 

San Francisco Hussars. 

Chico Guard 

Eureka Guard 

Colusa Guard 



79.41 
72.01 
66.49 
64.39 
65.69 
65.90 
45.26 
72.10 
64.63 
68.23 



550 

543 

522 

382 

261 

206 

478 

70 

67 

70 



71.93 
62.70 
65.19 
64.68 
70.60 
71.24 
61.00 
72^ 
74.21 
64.55 
74.01 



565 

534 

586 

389 

419 

504 

486 

68 

68 

61 

63 



Total, National Guard of California... 



66.50 



3,149 



67.60 



3.743 



Total gain over previous year, 594 men. 

TABLE K. 

Enrolled MiUtiajfor the fiscal years ending June SO, 1886 and 1887. Showing by counties the 
number of persons between the ages of 18 and4& years liable to military duty. 



GOUNTIIS. 



COUNTIXS. 



1886. 



1887. 



Alameda 

Alpine 

Amador 

Butte 

Calaveras 

Colusa 

Contra Costa 
Del Norte.-. 
El Dorado ... 

Fresno 

Humboldt... 

Inyo 

Kern 

Lake 

Lassen 

Los Angeles . 

Harin 

Mariposa 

Mendocino .. 

Merced 

Modoc 

Mono 

Monterey — 

Napa 

Nevada 

Placer 

Plumas 



68 

1,449 

1,960 

1,206 

540 



306 

1,303 

2^46 

3,248 

304 

927 

710 

402 

7,766 

1,626 

494 

1,195 

990 

563 

1,250 

3,098 

1,846 

2,508 

2^85 

986 



8,039 

74 

1,589 

2,078 

1,256 

613 

2,810 

323 

1,172 

2,357 

3,973 

370 

875 

493 

540 

10,417 

1,485 i 

502 

1,732 

1,122 

386 

613 

2,603 

1,873 

2,536 I 

1,854 

891 



Sacramento 

San Benito 

San Bernardino. 

San Diego 

San Francisco .. 

San Joaquin 

San Luis Obispo 

San Mateo 

Santa Barbara .. 

Santa Cfara 

Santa Cruz 

Shasta 

Sierra 

Siskiyou 

Solano 

Sonoma 

Stanislaus 

Sutter 

Tehama 

Trinity 

Tulare 

Toulumne 

Ventura 

Yolo 

Yuba 

Totals 



4,417 
557 
2^26 
2,469 
41,081 
5,937 
1,519 

*7i90 

1,665 
3,640 
2,034 
1,021 
1,029 
1,436 
2,623 
3,897 
724 
971 
2,177 
600 
1,359 
1,088 
1,104 
4,248 
1,617 



141,312 



5,159 
1,067 
2,747 
4,094 
40,135 
6,653 
2,124 
1,275 
1,659 
3,535 
2,221 
1,323 
1,115 
1,462 
2,066 
2,278 

870 
1,079 
2,375 

366 
2,062 
1,376 
1,493 
3,315 
1,745 



145,060 



Total gain over preceding year, 3,748. 



Digitized by 



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36 



REPORT OF THE ADJUTANT-GENERAL. 



Total Number... 



Dteqnalified for 60 per cent 
Non-attendance ... 



Absent.. 



Fourth Class, or All Under 
26 Points 



Total Number Qualified 



Marksmen . 



Riflemen 



Sharpshooters . 



Percentage Hade. 



Points 



Number Shooting . 



Highest Poosible Score . 



Number of Men QnalHIed t 
Shoot 



s 

o 



§ 



s 



3 



^g§8§ 



s 



IS "^ggg 



^ 



® «iazja«iS'*:« r* 



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SS^S^giS 



^sssg^a^s;:: 



a 



r^ M5 w 00 w ••r r* 05 






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ol 



! « eo" w « eo cc eT 



s sssr^ssss 



{:; 



« 



I 

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9 S 



5b ^ 





1 




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a 


a 


a 


o 


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o 


o 


ee 


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oj 

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to 



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laaa 

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m 



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pgcesacc t^ 

laaeaaea a 
.2 0000000 ^ 



a 



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BEEORT OF THE ADJlITAinVOENERAL. 



37 



SSS&S3S$ 



|S 



^S^^SSuSScB 



^ 



'^*-t<i««C^C^ 



'SS^SS^SSS 



'S^SSSiSSSS^q) 



JS 



S3SJ3SS2S8 



82 



^ 



I 



^m>ot'Oma> 



^S5^*'^;::s« 



t^'^'^^ooo&Oftt^eo 



e^Siri^^T^^^ 



Sa 



lO-^eoc^ooodAcoeo 



'^SSSSS;^ 



"^ r^ "^ "* t^ lO a& 



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GOi csi .*He« 






SS 












gil§! 



illiiilEI 



n 



•4*9)04 wS^eo 



S? 



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S 



^U 



00 eo cs eo ©f eo ©« 






SS3&SSS$ 



M« 



sssssssss 

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eooeoeococo I Od 



S 



SSco»c&@kSSc6 



!ir 



.2 



II 



V fl fi c fl a c^ 
3 q o o o o ©2 

13 >k >» >^ >» >» >k >> 

S5ocS6oQc5 



I" 

fl c c c c a c eg 
'd c fl c c p c s^ 
IqfdT- — — — — — -^ 



i g 



IssasgESS £ 



fl c a a c fi G 
j3 a a a a 

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%i4 t<^ a^^ «M a^^ <M 

'2 >»>.>»>»>»>» 

a a a a a a a 

« eS cS « es 08 oj 

-^ a<p<0uO4p4P4 




.2 "3 is 



Digiti 



ized by Google 



38 



REPORT OP THB ADJUTANTMJENERAL. 



Total Nnmber 



^i § 



^ S^S38^SSSS § ^ S 



Dlflqualllled for 50 
per cent Non-«t- 
tondanoe 



Absent.. 



Foarth Claai, or All 
Under 26 Points 



Total Nnmber Qnal- 
ified 



S 



N^SJeowSSS 



»H iH i-< fH eO iH 



s 



S5 



Marksmen . 



"^ "* Oi eo eo Oi lO "^ 






Riflemen 



SharpshooterB 



Percentage Made 



Points Mad« 






iiSilg^g 






O^ 



P 

§ 



Number Shooting 



Highest Possible Score 



Number of Men Qnal- 
iiied to Shoot 



«^RS55S:;!gg? 






eQt^a5t^^q5S>w 



s; 



A 
s 



^ 



^1 CO 



■< 

s 

o 



G C 



55 

GQgo 

II 

o o 









PQ g 

! i 

O iO 
so 



issssess 






•o 

c 



c 

PQ 



H 
OQ 



PQ a 

O {t3 



03 

D 

O 
Q 



to 



G 
03 

o 

5 



I 

a 



9 
J 



3 

o 

G 
O 



G3 
QQ 1^ 



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Digitized by 



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REPORT OF THE ADJUTANT-GENERAL. 



39 



TABLE LL. 

Qualified Markamen^l887 . 

FIRST CLASS— Shabpshooterb. 

Gold Bar, 90 per cent 



4 


Bank and Kams. 


Organization. 


1 


MA 


SbBGBANT J. L. HUGHBS - 


National Guard Rtaff,FiTst Ari;illery . 

Company G, First Infantry 

Ordnance Officer, First Artillery ... 
Inspector of Rifle Practice, First Ar- 
tillery 


47 


1 


Private Anthony Johnson ......_-.-...... 


46 


2 


Lieutenant A. J . Plant 


46 


3 


Lieutenant John Miller ...._.._.. 






Private A. McMIllen 

CoFDoral H. L. Pendleton . ............ 


46 


4 
5 


Company G, First Artillery 

Company F, First Infantry 

Inspector of Rifle Practice, Second 
Brigade 


46 
46 


6 


Major Sheldon I. Kellogg, Jr 






Private Charies E. Fennell 


45 


7 


Companx E, Second Artillery 

Company C, First Infantry 


45 


s 


Cantain John E Klein . . . 


45 


9 
10 


Colonel John W.Guthrie 

Private J. D. Laincr 


CommandingFirst Artillery 

Company G, First Artillery 


45 
45 









SECOND CLASS— Riflemen. 

Composing memhers who have made 80 per cent and over, but less than 90 per cent, 
.and wno are entitled to receive the Silver Bar. 



f-t< 



Rauk and Namx. 



Organization. 



11 
12 
13 
14 
15 
16 
17 



18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 

29 
30 
31 
32 
33 
34 
35 
36 

37 

■38 



FiBST Bbiqade. 

Sergeant William E. Ix>gan . . . 

Sergeant Henry C. Miles 

Corporal Alex. D. Danley 

Corporal Theodore Meyers 

Captain Alfred F. Biles 

Private Philip Fritz 

Sergeant George Lamp 

Second Bbioade. 



Company C, Seventh Infantry.. 
Company A, Seventh Infantry . 
Company A, Seventh Infantry . 
Company C, Seventh Infantry.. 
Company A, Seventh Infantry . 
Company C, Seventh Infantry . 
Company C, Seventh Infantry . 



Private T. E. Carson 

Private P. E. Robinson. . 
Sergeant E. A. Kehriein. 
Private S. J. Penbroke -. 

Private A. F. Raum 

Color Sergeant D. Geary. 
Sergeant Julius Klein . . . 

Private P. M. Diers 

Private C. L. Lods 



43 
42 
42 
41 
41 
41 
40 



Company C, First Infantry 44 

Company G, First Infantry 44 

Company P, First Infantry i 43 

Company G,' First Infantry 43 

Company B, First Infantry | 43 

National Guard Staff", Third Infantry 43 

Company C, First Infantry , 43 

Com pany G, First Infantry , 43 

Company C, First Infantry I 42 

Sergeant A. A. Smith ■ Company C, Fifth Infantry I 42 

First Lieutenant F. A. Kuhls ' Inspector of Rifle Practice, Second 

, Artillery 42 

Private Frank Koch Company C, Second Artillery 42 

Private Thomas Mc Lain I Company D, Fifth Infantry.. 42 



Corporal John Maginniss 

Private Chris, Meyer 

Private J. H. Peteri 

Private J. E. Brennan 

Sergeant J. W. Dolan 

First Lieutenant G. H. Strong 



Sergeant T. F. Cline. ... 
Corporal John Ringen . 



Company C, Third Infantry 41 



Company C, First Infantry 

Company C, Second Artillery 

Company A, First Infantry 

Company C, Third Infantry 

Inspector of Rifle Practice, First 

Infantry 

Company B, Third Infantry 

Company C, Second Artillery 



41 
41 
41 
41 

41 
41 
41 



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40 



REPORT OF THE ADJUTANT-GENERAL. 
Second Class— Riflemen — Continued. 



a'Q. 



Bank and Name. 



Organization. 



40 
41 
42 
43 
44 
45 
40 
47 
48 
49 
50 
51 
52 
53 
54 



First Lieutenant Irving B. Cook 

Major Thomas J. Parsons 

Second Lieutenant Otto Lemcke — 

Captain Adolph Huber 

Sergeant M. J. Sheehan 

Second Lieutenant J. M. Duncan 

First Sergeant Edward G. Eisen 

FHrst Lieutenant William Sumner .. 

Sergeant H.J. Wagner , 

First Lieutenant William D. Lawton 

Corporal A. D. Baker 

Private Otto Nolte 

Private Oscar T. Peterson — 

Captain J. H. Flynn 

Corporal J. L. Cavasso 

Corporal L. R. Townsend 



Company B, First Infantry 

Inspector Second Brigade 

Company C, Second Artillery ., 
Company C, Second Artillery ., 
Company G, Third Infantry — 
Company H, First Infantry — 

Company H, First Infantry 

Company G, First Infantry — 
Company D, Second Artillery . 
Quartermaster, Third Infantry. 

Company F, First Infantry 

Company C, First Infantry 

Company C, First Infantiy 

Company E, Second Artillery . 
Company A, Fifth Infantry — 
Company B, First Infantry 



41 
41 
40 
40 
40 
40 
40 
40 
40 
40 
40 
40 
40 
40 
40 
40 



Light Battery A, Second Artilierv, shooting with pistols ; scores are separate as follows : 
Smith & Wesson revolvers, caliber 45—100 feet— 200 yards, National Kifle Association 
target. 
Gold Bar, 96 per cent— Silver Bar, 86 per cent— Bronze Bar, 66 per cent 



II 



Bank and Nama. 



Organiation. 



55 
56 
57 
58 
59 
60 
61 
62 
63 
&1 



65 

m 

67 



68 
()9 
70 
71 
72 
73 
74 
75 
76 
77 
78 
79 
80 
81 
82 
83 
84 



Captain Hugh T. Sime 

Sergeant C. D'Arcy 

Sergeant George Cummings 

First Sergeant John Elliott 

Private James S. Howard 

Private Daniel L. Hickey 

Guidon A. J. Smith , 

Corporal H. L. Keller 

Private Albert Behneman 

Corporal E. Wickenhauser , 

Thibo Brigade. 

Private C. A. Merrill , 

First Sergeant T. G. Hart 

Private Bruce Cavitt, 

Fourth Brigade. 

Corporal F. P. Polter 

Private J.J. Heffernan 

Private W. J. Boase 

Private F. Kunz 

Captain Thomas B. Hall 

Corporal A. E. Stearns 

Corporal W. F. Sheehan 

Corporal F. P. Lowell 

Sergeant Edward Sheehan , 

First Lieutenant M. H. Sheehan.. 

Sergeant J. P.Kennedy 

Second Lieutenant Pete b'laherty 

Private P. Nutie 

Lieutenant Samuel Kay 

Private J. A. P. McLean 

Private James Rosewall 

Private J. M. Mitchell 



Commanding. 



Company A, Sixth Infantry . 
Company C, Sixth Infantry . 
Company C, Sixth Infantry . 



Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 



First Artillery. 
First Artillery. 
First Artillery. 
First Artillery. 
First Artiilcry- 
First Artillery. 
First Artillery. 
First Artillery. 
First Artillery. 
First Artillery. 
First Artillery. 
First Artillery- 
First Artillery. 
First Artillery. 
First Artillery. 
First Artillery. 
First Artillery. 



47 
47 
46 
46 
45 
44 
44 
44 
44 
4S 



41 
40 
40 



44 
44 
44 
44 
4S 
43 
42 
42 
41 
41 
41 
41 
41 
40 
40 
40 
40 



Digiti 



ized by Google 



REPORT OF THB ADJUTANT-GENERAL. 
SscoiTD Class— RiFLKMBN—Continued.* 



41 



^5- 


Rank axd Namb. 


Organization. 


1 
r 

1 


K> 


Fifth Brigade. 
First Lieutenant C. B. Swain - 


Chico Guard 


40 


86 


Sixth Bbioade. 
Private J. A. Henderson ----- - .- 


Eureka Guard. 


41 


87 


Private W. P. Pratt 


Eureka Guard 


40 









THIRD CLASS— Marksmen. 



Comnrising members who have made 60 per cent or more, and less than 80 per cent, and 
who wul receive the Bronze Bar attached to the marksman's badge. 


if 


Bank and Nahx. 


Or^nlzatioD. 


1 

i 


88 


Staff of Commander-in-Chief, 
Colonel Perrie Kewen 


Assistant Adjutant-General 

Inspector-General of Rifle Practice. 

Inspector Rifle Practice, Division .. 
Orderly Sergeant 


88 


89 


Colonel Herman Bendel 


88 


90 


Commander of Division and Staff, 
Lieutenant-Colonel H. H. Kohler 


87 


91 


Sergeant-Maior A. H. Ewell 


86 


9? 


Lieutenant-Colonel Edgar De Pue 

Lieutenant-Colonel W. B. Enelish 


S. D. Division 


86 


98 


Quartermaster, Division 


84 


9i 


Major-General W. H. Dimona. 


Commanding, Division 


82 


95 


First Brigade. 
Private Edward E. Campbell 


Company A, Seventh Infantry 

Company C, Seventh Infantry 

Company A, Seventh Infantry 

Company A, Seventh Infantry 

Company A, Seventh Infantry 

Company A, Seventh 1 nf antry 

Company C, Seventh Infantry 

Company A, Seventh Infantry 

Company A, Seventh Infantry 

Company C, Seventh Infantry 

Company A, Seventh Infantry 

Company A, Seventh Infantry 

Company A, Seventh Infantry 

Company C, Seventh Infantry 

Company A , Seventh In fan try 

Company C, Seventh Infantry 

Company C, Seventh Infantry 

Company A, Seventh Infantry 

Company A, Seventh Infantry 

Company C, Seventh Infantry 

Company A, Seventh Infantry 

Company A, Seventh Infantry 

Company C, First Infantry 


89 


96 


Corporal Thomas J. Harvey 


88 


#97 


Private Lester Wooley 


88 


98 


Lieutenant Robert 0. Williamson 


88 


99 


CorporalJohn H. McCroy 


87 


100 


Private Frank Martin.. 


86 


101 


Private Charles W. Hartman 


86 


10? 


Private James C. Pridham 


86 


103 


Private Price W. Weaver 


85 


104 


Private William G.Taylor 


85 


105 


Private Frank E. Bland 


84 


106 
107 


Private Joseph W. Gates 

Private Herbert D. Godfrey 


34 
84 


108 


Private Charles E. Doaster 


,S8 


109 


Sergeant Frederick Sj)encer 


81 


110 


Private Augustus Graham . 


80 


111 


Private John T. Blake 


28 


11? 


Corporal Joseph Northmore 


28 


118 


Sergeant Edward Linn 


28 


114 


Private Hugh M.Warren 


27 


115 


Private W. T. Rush 


27 


116 


Private Ernest A. Priest 


27 


117 


Second Brigade. 
Sergeant Andrew J. Rnddick 


89 


118 


Sergeant H. C. Middleton 


Signal Corps, Third Infantry 

San Francisco Hussars ._ 


89 


119 


Second Lieutenant Robert Reynolds 

Private C. Schlauim 


89 


1?0 


Company A, First Infantry 

Company E, Fifth Infantry 

Company C, First Infantry 


89 


1?1 


Private M.O. Austin 


89 


122 


Sergeant Edgar N. Snook 


89 


1?3 


Private James J. Ward 


Company G, Second Artillery 

Comoanv B. First Infantry 


89 


124 


Serfireant Charles J. Wesson .- .-.-. 


88 


125 


T.'ieutenant Chnrlp^ A , Hagnn 


Company B, Fifth Infantry 


88 


126 


Corporal WiUiam Tobin 


Company C, Second Artillery 


38 



Digitized by 



Google 



42 



REPORT OF THE ADJUTANIMJENERAL. 
•Third Class— Marksmen— Continued. 



Bakk and Name. 



OrgmniutioD. 



127 
128 
129 
130 
131 
132 
133 
134 
135 
136 
137 
138 
139 
140 
141 
142 
143 
144 
145 
146 
147 
148 
149 
150 
151 
152 
153 
154 
155 
156 
157 
158 
159 
160 
161 

162 
163 

164 

165*1 

166* 

167 

168 

169 

170 

171 

172 

173 

174 

175 

176 

177 

178 

179 

180 

181 

182 

183 

184 

185 

186 , 

187 I 

188 I 
189 
190 I 

•Tie. 



Corporal G. A. Byce 

Private William Woodali 

First Sergeant William McBeen .. 

Captain Frank H. Swett 

Private Thomas Fell 

Captain D. B. Fairbanks 

Private William Coonev 

Lieutenant-Colonel R. H. Orton.. 

Lieutenant J. Naylor 

Corporal F. W. Taufenbach 

Serjeant P. McBrien 

Major James D. Phelan , 

Sergeant Frank J. Jacobs 

Private Joseph Baum 

Corporal Martin H. Byrne 

Sergeant Milton Lory ea 

Sergeant Frank H. Maloney 

Captain George R. Burdick 

Private A. L. Ott 

Sergeant R. J. Cavasso 

Private J. A. Musselman 

Private B. Lawton 

Sergeant Charles Boxton 

Sergeant Henry Koch 

Corporal Bisleo Martinez 

Private Charles A. Dunn 

Private John J. Falmer 

Sergeants. P. Moorhead 

Corporal John Sieb 

Private William Manning 

Lieutenant John F. Steltz 

Corporal A. C. Cole 

Private Julius Herzog 

Private L. E. Arnold 

First Lieutenant William Elliott. 



38 



Sergeant A. E. McDowell 

Private R. Leavenworth 

Private John W. Kelly 

Private Charles Ackerman — 

Private Harry Brooks 

Corporal Wm. Schubach 

Private J. B. Devine 

Lieutenant Freak Zeising 

Corporal Frank E. Whartf .... 

Corporal Ed. C. Lundquist 

Captain J. C. O'Connor 

Lieutenant Pete J. (^uinn 

Sergeant L. J. Winans 

Lieutenant George C. Pardee.. 
Lieutenant Alva W. Ingalsby . 

Major Edward G. Sprowl 

Lieutenant J. T. O'Brien 

Captain J OS. B. Lauck 

Corporal Fred. L. Mackefert .. 

Corporal Henry Frank 

Private W. H. A. Schnoor 

Privates. A. D. Bilty 

Captain W. D. Waters 

Private A. E. Fake 

Sergeant G. F. Whitcomb 

Privates. S. Decker 

Sergeant William Ruth 

Corporal John E. Dispaux 

Lieutenant A. C. Mac Alpin 



Company C, Fifth Infantry 

Company C, Second Artillery 

Company E, Fifth Infantry 

Adjutant, Fifth Infantry 

Company C, Third Infantry 

Company C, Fifth Infantry 

Company H, Second Artillery 

First Infantry 

c< ^ " y 

Ci y 

C( ry 

P; le 

O 3 

Cl__^_.., ery 

Company G, Third Infantry 

Company B, Fifth Infantry 

Company G, Third Infantry 

Company B, First Infantry 

Company F, First Infantry 

Company A, Fifth Infantry 

Company E, Fifth Infantry 

Company A, Fifth Infantry 

Company C, Second Artillery 

Company G, First Infantry 

Company D, Fifth Infantry 

Company C, First Infantry 

Company B, Fifth Infantry 

Company D, Fifth Infantry 

Company C, Second Artillery 

Company B, Fifth Infantry 

Company D, Second Artillery 

Company E, Fifth Infantry 

Company H, First Infantry 

Company F, Second Artillery 

Inspector Rifle Practice, Fifth In- 
fantry 

Company F, Second Artillery 

Company D,. Fifth Infantry 

Company G, Second Artillery 

Company C, Second Artillery 36 

Company C, Second Artillery 36 

Company C, Second Artillery ... 
Company H, Second Artillery ... 

Company D, First Infantry 

Company C, First Infantry 

Company B, First Infantry , 

Company D, Third Infantry 

Company G, Third Infantry 35 

Company C, Fifth Infantry 35 

Company A, Fifth Infantry 35 

Company B, Fifth Infantry 35 

Second Artillery 35 

Company A, First Infantry 35 

Company A, Fifth Infantry i 35 

Company B, Fifth Infantry i 35 

Company C, Second Artillery 1 35 

Company D, Second Artillery 35 

Company G, First Infantry 

Company H, Second Artillery ... 

Company C, Third Infantry 

Company A, Fifth Infantry 

Company D, First Infantry 

Company C, Second Artillery .., 

Company C, First Infantry 

S. D., Third Infantry 



38 
38 
38 
38 
38 
38 
38 
38 
38 
38 
38 
38 
37 
37 
37 
37 
37 
37 
37 
37 
37 
37 
37 
37 
36 
36 
36 
36 
36 
36 
36 
36 



86 
36 
36 
36 



35 
35 
35 
35 
35 
35 
35 
35 



Digitized by 



Google 



REPORT OP THE ADJOTAMT-GENERAL. 
Thibd Glass— Mabksmbn— Continued. 



43 



.1 

Ess 



191 
102 
193 
194 
195 
196 
197 
198 
199 
200 
201 
202 
203 
204 
205 
206 
207 
208 
209 
210 
211 
212 
213 
214 
215 
216 
217 
218 
219 
220 
221 
222 
223 
224 
225 
226 
227 
228 
229 
230 
231 
232 
233 
234 
235 
236 
237 
238 
239 
240 
241 
242 
243 
244 
2i5 
246 
247 
248 
249 
250 
251 
252 
253 
2M 
255 
256 



Bank akd Namk. 



Private A. M. Bnrdick 

Private Charles Bone 

Private L. C. Warner 

Private Herman Deppen 

Corporal E. L. Emmons 

Private J. M. Gaiemule 

Lieutenant John P. White 

Lieutenant Harry B. Hosmer 

Private Otto F. lluber 

Private John G. Hult 

Private Nelson H. Bovyer 

Private Samael Seaman 

Corporal C. S. Putnam 

Lieutenant Edward H. Kennedy. 

Captain Philip Schultx 

Sergeant P. J. Summers 

Sergeant Thomas Waters 

Private Dennis O'Connor . 



Organization. 



Company A, Fifth Infantry 

Company B, First Infantry 

Company A, Fifth Infantry 

Com pony H, First Infantry 

Company C, Fifth Infantry 

Company C. Fifth Infantry 

Company G, Third Infantry 

Company F, First Infantry 

Company C» Second Artillery.. . 

Company C, First Infantry 

Company G, First Infantry 

Company H, Second Artillery .. 

Company C, Fifth Infantry 

Company E, Third Infantry 

Company D, Second Artillery . . 

Company A. First Infantry 

Company E, Third Infantry 

Company G, Second Artillery .. 



Private George W. Kingsbury Company B, First Infantry 



Sergeant John R. Ley man 
Private Adolf H. Tennis .... 

Private J.F.Lane 

Corporal Edward L. Goetzen 

Private H. Stempel 

Private Robert Scheeler 

Private Georee DeN alin 

Private Charles I.Jacobs 

Sergeant W. M. Swett 

Private Huston Jones 

Private D. F. Bryant 

Private John F. Norton 

Sergeant W. E. Robertson .. 

Captain James F. Smith 

Private Charles Repenn 

Private W. H. Kirkman .... 

Corporal Philip K. Cox 

Lieutenant Martin Ryan — 
Private Sidney H. Banke ... 

Corporal M. F. Vogt 

Captain Louis W. Juilliard.. 

Captain S. J. Ruddell 

Private John Graves 

Private Merton R. Lovett . .. 

Private F. H. Abbott 

Private William H. Fuller .. 
Corporal Henry De Land . . . 
Major Francis B. Kane 
Private A. H. Williams 



Company F, Third Infantry 

Company G, Third Infantry 

Company A, First Infantry 

Company B, First Infantry 

Company A, Fifth Infantry 

Company C, Second Artillery .. 

Company D, Fifth Infantry 

Company D, Fifth Infantiy 

Company E, Fifth Infantry 

Company D, Fifth Infantry 

Company H, Second Artillery .. 

Company G, First Infantry 

Company D, Fifth Infantry 

Company F, Third Infantry 



c— 

C 

C 

C 

C 

C 

C 

C 

Hussars 

Company B, First Infantry . 

Cadet, Second Artillery 

Company G, First Infantry. 
Company H, First Infantry 

M. D., Third Infantry 

Company F, First Infantry 



md Artillery 
th Infantry 
st Infantry 
rd Infantry 

Jt Infanfry 

rd Infantry j 33 

\h Infantry . 
'antry 



35 
35 
35 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
34 
33 
33 
33 



Corporal T. J. Cunningham \ Company E, Second Artillery 

Private C. Barrv '^ " "* 

Private A. E. O'Neil 

Private Anson Averill 

Private P. J. Conley 

Private F. R. Williams 

Sergeant J. J. O'Brien 

Private W. J. Downie 

Private H.W. Gamer 

Sergeant Georjge L. Yager 

Sergeant Patrick J . I^ary 

Private G. T. Gamer 

Corporal Irvin T. Bolton 

Private Albert Struckmann 

Corporal George Gunn 

Private Henry Morris 

Sergeant Charles F. Priest 

Private Edward W. Shay 



Company F, Third Infantry 

Company B, Fifth Infantry 

Company G, Second Artillery 

Company A, First Infantry 

Company E, Fifth Infantrv 

National Guard Staff, Third Infantry 

Company A, Fifth Infantry 

Company A, Fifth Infantry 

Company C. Third Infantry 

Company F, Third Infantry 

Company A, Fifth Infantry 

Company B, Fifth Infantry 

Company C, Second Artillery 

Company B, Fifth Infantry 

Company B, First Infantry 

Company C, First Infantry 

Company E, Second Artillery 



33 
33 
33 
33 
33 
33 
33 



32 
32 
32 
32 
32 
32 
32 
32 
32 
32 
32 
32 
32 
32 
32 
32 
32 
32 



Digitized by 



Google 



44 



REPORT OF THE ADJUTANT-GENERAL. 
Thibd Class— Mabksmen— Continued. 



258 
259 
260 
261 
262 
263 
264 
265 
266 

267 



270 
271 
272 
273 
274 
276 
276 
277 
278 
279 
280 
281 
282 
283 
284 
285 
286 
287 
288 
289 
290 
291 
292 
293 
294 
295 
296 
297 
298 
299 
300 

301 
302 
303 
304 
3a5 
306 
307 
308 
309 
310 

311 I 

312 I 

313 ! 

314 I 
315 
316 
317 
318 

319 , 

320 I 



rnvai« jonn li. uaiven 

Private Tobias Kelly 

Corporal E. C. Jones 

Sergeant James Ralph 

Sergeant G. A. Stanley 

Private George S. DriscoU 

Private D. O. Herrick 

Captain Charles C. Keene 

Lieutenant William J. Burke 
Sergeant C. H. Ellis 



Sergeant Edwin W. Rivers 

Lieutenant Diedrich Wulbern 

Lieutenant James A. White 

Lieutenant John L. Austin 

Private William F. Chipman 

Private George E. Patterson 

Private Harry Harper 

Corporal William T. Cleary 

Private Frank J. Decker 

Private D. J. Geary 

Private G.Paff 

Li " 'I. Woodruff ... 

Pi 

Sc Becker 

Cj ry 

Pj 

B] )hn T. Cutting . 

PU,„v^.^v^. **. „.U 

Private D. M.Stanley 

Private F. W. Durgen 

Private Charles Paul 

Private T.J. Doyle 

Corporal M. H. Wilkins 

Private Carl Shalitz 

Private William S. Alexander 

Private C. B. Hollywood 

Private Charles Klein 

Sergeant William Umland 

Captain Charles Jansen 

Private A. E. Murphy 

Private James B. rressley 

Captain Charles L. Tilden 

Lieutenant Charles E. Thompson .. 
Sergeant J. F. Bergin, Jr 



Corporal E. H. Geilow 

Private G. C. Gaston 

Private Charles L. Marple 

Sergeant Albert Knop 

Sergeant C. H.Craig 

Private Michael Sullivan 

Private James C. Simmonds ... 

Private Louis Hughes 

Private A. F. Otto 

Private Henry Weigmann 

Private Frederick J. Faulkner 
Corporal John P. Devenport ... 

Private Edward J. Roacn 

Sergeant M. T. Murphy 

Corporal H. B.Gaston 

Private James McCabe 

Private Frederick J . Kearney . . 

Sergeant C. E. Dillon 

Private S. Brown 

Private William O'Brien 



uompany u, i<irst intantry .. 
Company F, First Infantry.. . 
Company F, First Infantry... 
Company 0, Second Artillery. 
Company B, Third Infantry.. 
Company G, Third Infantry. . 
Company C, Third Infantry.. 
San Francisco Hussars. 



Company E, Third Infantry 

Non-commissioned Staflf, iJiird In- 
fantry — 

Company G, Second Artille'y 

Company C, Second Artillery 

Company F, Second Artillery 

Company D, Fifth Infantty 

Company B, Fifth Infantry 

Company G, Second Artillery 

Company G, First Infantry 

Company G, Second Artillery 

Company G, Third Infantry 

Company E, Fifth Infantry 

Company C, Fifth Infantry 

Company C, First Infantry 

Company B, Fifth Infantry 

Company A, Third Infantry 

Company A, Third Infantry 

^_ r ". ^ ,:».*.» T i. . y 

C ade .- 

C ery 

C . , . ry 

Company D, Second Artillery 

Company C, Second Artillery 

Company E, Second Artillery 

Company A, First Infantry 

Company C, Second Artillery 

Company C» First Infantry 

Company F, Second Artillery 

Company C, First Infantry 

Company D, Second Artillery 

Company D, First Infantry 
-^ ' ' -"hi] " - 



9Z 

32 
31 
31 
81 
31 
31 
31 
31 

31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
31 
30 
30 
30 
30 
30 
30 
30 
30 
30 
30 
30 
30 
30 
30 
30 



Cadet, Third Infantry . 

Company E, Fifth Infantry 

Company G, First Infantry 

Company G, First Infantry. 

Non-commissioned Staff, Fifth In- 
fantry 30 

Company D, First Infantry 30 

Company A, Fifth Infantry 30 

Company G, First Infantry 30 

Company G, First Infantry 30 

Company D, First Infantry 30 

Company F, Third Infantry 30 

Company G, Second Artillery I 30 

Company D, Fifth Infantry 30 

Company F, First Infantry 30 

Company C, Second Artillery 30 

Company B, Fifth Infantry 30 

Company D, Fifth Infantry 29 

Company G, Second Artillery 29 

Company D, Third Infantry 29 

Company A, Fifth I nf antry 29 

Company F, Third Infantry , 29 

Company F, Third Infantry I 29 

Company C. Fifth Infantry i 29 

Company D, First Infantry j 29 

Company C, Second Artillery I 29 



Digitized by 



Google 



REPORT OF THE ADJUTANT-GENERAL. 
Third Class— Mabksmen— Continued. 



45 






Rank and Name. 



Organization. 



321 
322 
323 
324 
325 
326 
327 
328 
329 
330 
331 
332 
333 
334 
335 
336 
337 
338 
339 
340 
341 
342 
343 
344 
345 

ate 

347 
348 
349 
3W 
351 
352 
353 
354 
355 
356 
367 
a58 
359 
360 
361 
362 
363 
364 
365 
366 
367 
368 
369 
370 
371 
372 
373 
374 
375 
376 
877 
378 
379 
380 
381 
382 
383 
384 
385 
386 



Private J. B. Locke 

Private Carlton L. Eidridge 

Private William B. Rucker 

Private G. D.Green, J r 

Private George K. Fleming 

Lieutenant George W. Longley. 

Corporal W. F. Michelson 

Private W. K. Swift 

Corporal Frank J. Murray 

Sergeant J. E. Carson 

Private R. St. C. McDonald ..-. 

Private G. A. Clark 

Captain James W. Reintield 

Lieutenant Timothy Sullivan . . 

Private F. E. Kelly 

Private Charles A. Driscoll 

Captain Hyraan P. Bush 

Private Louis Ringen 

Private Walter B. Welton 

Sergeant O. V. Ort 

Corporal Jacob Tyson 

Sergeant Frank Steven 

Private W. Rattigan 

Lieutenant H. V. Scott 

Sergeant W. J. Bernard 

Corporal Joseph Cordiff. 

Corporal Paul E. Vandor 

Sergeant J. P. O'Connell 

Private Uriah H. Graft 

Private Edward N . Bovie 

Lieutenant W. H. Hudson 

Private G. W. Hosmer 

Private W. Fairbanks 

Sergeant E. V. Sullivan 

Corporal John T. Carchrane 

Lieutenant Charles T. Stanley. - 

Captain R. D. Fairbanks 

Private Frank H. Mills 

Sergeant J. H. O'Brien 

Captain Thomas Drady 

Private John Titzen 

Private John B. M. Kerwin 

Sergeant John Garrity 

Lieutenant A. B. C. Dohrraann 

Private Simon A. Egleston 

Private J. H. Bernard 

Sergeant Frederick L. Jorden . . 

Private Louis R S. Holmes 

Private John H. Samni 

Sergeant A. M. Mahone 

Private F. Patchell 

Lieutenant Daniel Crowley 

Private D. P. Flaherty 

Private G. H. Duck 

Private Daniel W. Hudson 

Private T. F. Murray 

Private Andrew Br&gs 

Private Frederick Harris 

Sergeant J. Sullivan 

Corporal John J. Byron 

Private Edward W. Toomly 

Corporal William J . Wisler 

Private L. Witick 

Corporal F. C. Fetter 

Private J. H. Donahue 

Private GusMiUs 



Company E» Fifth Infantry ... 
Company C, First Infantry ... 
Company B, Fifth Infantry ... 

Company C, Fifth Infantry 

Company C, Second Artillery 

Company F, First Infantry 

Company D» First Infantry .. 

Company F, First Infantry 

Company D, Fifth Infantry .. 
Company D, Second Artillery. 
Company D, Second Artillery. 
Company B, Third Infantry.. 
Company G, Second Artillery 
Company D, Third Infantry. . 

Comprny A, First Infantry 

Company G, Third Infantry --, 
Company H, First Infantry .. 
Company C, Second Artillery. 

Company C, First Infantry 

Company E, Fifth Infantry .. 
Company H, Second Artillery 
Company F, First Infantry — 
Company A, First Infantry .. 

S. D., Second Artillery 

Company B, Third Infantry. .. 
Company D, Third Infantry.., 

Company G, First Infantry 

Company G, First Infantry 

Company G, Third Infantry. . 
Company C, First Infantry.. . 
Company E, Fifth Infantry .. 
Company A, Fifth Infantry . . 

Company C, Fifth Infantry 

Company A, First Infantry... 
Company D, Fifth Infantry .., 
Compan ■"'"••"'- try.., 

Cadet S€ 

Compan^ . ry... 

Company A, First Infantry .. 
Company B, Third Infantry.. 
Company C, Second Artillery. 
Company B, Fifth Infantry ... 
Company D, Third Infantry.. 

Cadet, Second Artillery 

Company H, First Infantry .. 
Company B, Third Infantry.. 
Company C, Third Infantry .. 
Company H, First Infantry .., 
Company E, Second Artillery 

Cadet, Third Infantry 

Company B. Third Infantry... 
Company C, Third Infantry . . 
Company D, Fifth Infantry. .. 
Company F, First Infantry... 
Company E, Third Infantry.. 
Company C, Third Intantry .. 
Company C, Second Artillery. 
Company D, Second Artillery 
Company B, Third Infantry.. 
Company H, First Infantry .. 
Company G, Third Infantry.. 
Company G, First Infantry... 
Company F, Second Artillery. 

Company A, First Infantry 

Company B, Third Infantry.. 
Company H, Second Artillery 



Digitized by 



Google 



46 



REPORT OF THE ADJUTANT-GENERAL. 



Third Class— Mabkshen— Continued. 



9 



RaKK AMD NAVB. 



OrgaDisatioD. 



387 
388 
389 
390 
391 
392 
393 
394 
395 
396 
397 



400 
401 
402 
403 
404 
405 
406 
407 
408 
409 
410 
411 
412 
413 
414 
415 
416 
417 
418 
419 
420 
421 
422 
423 
424 
425 
426 
427 
428 
429 
430 
431 
432 
433 
434 
435 
436 

437 
438 
439 
440 
441 
442 
443 
444 
445 
446 
447 
448 
449 
450 
451 



Corporal Peter H. Newman 

Sergeant George Marcus 

Private James J. Moore 

Corporal James McClasky 

Corporal W. E. Patchell 

Private C. E. Camozzi 

Lieutenant J ames Eation 

Private John E. Heilman 

Private H. C. Bradway 

Private J. H. Neoman 

Sergeant S. R. O'Keefe 

Corporal Edward Fitzpatrick 

Private Peter O'Rourke 

Private Henry Reed... 

Sergeant Harry 8. Pelton 

Private Daniel Snyder 

Private Charles Speht , 

Corporal FredericK Runge 

Private M. Lando 

Private R. C. Cunningham , 

Private J. W.Cook 

Private C. J. Kirsch-. 

Corporal E. A. Grant 

Private Edward Borg 

Sergeant Leiston Kimble 

Private James H. Mahan 

Lieutenant J. B. Amerroan 

Captain R. A. Marshall 

Private Thadeus Orelup 

Private L. W. Graff 

Private E. E. Bauer 

Private Frank Currey , 

Private John Muller 

Private Allen Bvrne -\ 

Corporal C. H. Burr.— 

Private W. DeTurk 

Corporal George Borton 

Lieutenant Edward A. Linberg 

Private L.B. Hackett 

Private Arthur W. Cells , 

Private W. P. Delury 

Private William Suckaw, Jr 

Private Amos Stokes 

Sergeant Patrick Gallagher 

Private E. Regartes 

Private J . M. rendergast 

Sergeant Thomas Carney 

Private E. C. Stohl 

Lieutenant Samuel P. Blumenberg 
Sergeant J. Sheehy 

Private C. E. Singley 

Private Peter Mertes 

Private Edgar C. Sutliffe 

Corporal F. L. F. Stevens 

Private George Hunn 

Private James F. Conway 

Private Edward D. McPhillips 

Private William C. Gunther 

Private Thomas Kerrighan 

Private George Woods 

Sergeant William Wessling 

Sergeant Walter J .Burke 

Private O. Taber 

Corporal Louis J. Morrison 

Sergeant Philip Lando 



Company G, Third Infantry 

Company C, Second Artillery 

Company H, First Infantry 

Company E, Second Artillery 

Company B, Third Infantry 

Company C, Third Infantry 

San Francisco Hussars 

Company E, Second Artillery 

Company E, Third Infantry 

Company A, First Infantry 

Company F, First Infantry 

Company D, Third Infantry 

Company D, Third Infantry 

Company D, Second Artillery 

Company G, First Infantry 

Company B, Fifth 'Infantry 

Company F, First Infantry 

San Francisco Hussars 

Company H , Second Artillery 

Company C, Second Artillery 

Company A, First Infantry 

Company E, Fifth Infantry 

Company C, First Infantry 

San Francisco Hussars 

Company C, First Infantry 

Company G, First Infantry 

Quartermaster, Second Artillery 

Company A, First Infantry... A 

Company C, Third Infantry 

Company G, Third Infantry 

Company D, Second Artillery 

Company D, Fifth Infantry I 

Company B, First Infantry 

Company G, Third Infantry 

Company D, First Infantry 

Company C, Fifth Infantry 

Company C, Second Artillery 

Company D, First Infantry 

Company B, Third Infantry 

Company B, First Infantry 

Company A, Third Infantry 

Company F, First Infantry 

Company E, Third Infantry 

Company A, Third Infantry 

Company D, First Infantry 

Company B, Third Infantry 

Company D, Third Infantry 

Company E, Fifth Infantry 

San Francisco Hussars 

Non-commissioned Staff, Third In- 
fantry 

Company C, Fifth Infantry 

San Francisco Hussars 

Company G, First Infantry 

Company D, First Infantry 

Company E, Third Infantry 

Company F, Third Infantry 

Company E, Third Infantry 

Company G, Third Infantry 

Company D, Fifth Infantry 

Company D, Fifth Infantry 

Company C, Second Artillery 

Company F, First Infantry 

Company A, Fifth Infantry 

Company D, Second Artillery 

Company H, Second Artillery 



27 
27 
27 
27 
26 
26 
26 
26 
26 
26 
26 
26 
26 
26 
26 
26 
26 
26 
26 
26 
26 
26 
26 
26 
29 
26 
26 
26 
26 
26 
26 
26 
26 
25 
25 
25 
25 
25 
25 
25 
25 
25 
25 
25 
25 
25 
25 
25 
25 

25 
25 
25 
25 
25 
25 
25 
2.> 
25 
2.'> 
25 
25 
25 
2.^ 
2.1 
25 



Digitized by 



Google 



REPORT OF THE ADJUTABT-OENERAL. 
Thibd Class— Mauksmen— Continued. 



47 






Bank amd Name. 



Oi^nlsatioD. 



452 
453 
454 
455 
456 
457 
458 
459 
460 
461 
462 
463 



461 
4&^ 
466 
467 
468 
409 
470 
471 
472 
473 
474 
475 
476 
477 
478 
479 
480 
481 
482 
483 



484 
485 
486 
487 
488 
489 
490 
491 
492 
493 
494 
495 
496 
497 
408 
499 
500 
501 
602 
503 
504 
505 
506 
607 
508 
609 
510 
611 
612 
613 
614 



Private H. B. Smith 

Corporal P.J. Reittenger 

Private Michael W. Malloy.. 

Private E. C. Grete 

Private Wallace J. Hall 

Private Adolph De Bonnet 

Corporal J oseph J . Shepston 

Sergeant C. A. Howe 

Private George Kasche 

Major E. A. Denicke 

Private Edward Lawlor 

Sergeant William 8. Thurgood 

Battbbt a, Second Abtillebt. 

Private G. 8. Conroy 

Private T. H. Brown -» 

Private B. L. Woodworth 

Private C. 8. Russell 

Private Harry Robinson 

Private Josepn Folkers 

Private Frank Meacham 

Private William N. Hitchin 

Sergeant Frank J. Hare 

Private Edward 8. Smith 

Private A. McVicker 

Private Frederick Speyer 

Private P. P.Schramm -•— 

Second Lieutenant Charles C. Fisher. 

Private Peter N. Butt, Jr 

Corporal G. McAvoy 

Private J. Walter 

Sergeant W.N. Cummins 

Private Herbert Conklin 

Private P. K Keller 



Thibd Bbioadb. 



Private W. Baker 

Private Harrv Utt 

Private A. G.' Walker 

Sergeant J. Burnes 

Lieutenant S. 8. Wrieht... 
Sergeant CoUn Chrisnolm. 

Private H. E. Snow 

Corporal C.I. Leach 

Corporal R. Powell 

Captain J. J. Nunan 

Captain M. W. MuUer 

Corporal C. P. Renden 

Private C. A. Newhall 

Sergeant M. Mulcahy 

Sergeant J. Goodman 

Sergeant J. R. Shaw 

Corporal J. O'Connell 

Corporal Wm. A. Gibbons. 
Private L. F. WincheU.-.. 

Sergeant Sam'l Confer 

Corporal Geo. L. Dall 

Sergeant F. 8. Clark 

Private W. Barker 

Corporal A. 8. Hays 

Corporal F. S. Marshall 

Private T. H. Roscoe 

Private H. C. Colwell 

Private E. E. Cordero 

Private W. Bruce 

Corporal A. F. Baker 

Private 8. M. Brooks 



Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Signal Offl 
Company 
Company 



D, First Infantry 

C, Second Artillery 

E, Third Infantry 

H. Second Artillery i 25 

D, First Infantry I 25 

B, First Infantry 25 

G, Third Infantry 25 

A, First Infantry • 25 

C, Second Artillery 25 

leer. Second Brigade 25 

E, Third Infantrv 

G, Third Infantry 



Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 



B, Sixth 
A, Sixth 

A, Sixth 

B, Sixth 

C, Sixth 
C, Sixth 
C, Sixth 
A, Sixth 

A, Sixth 

B, Sixth 

C, Sixth 
B, Sixth 
B, Sixth 
B. Sixth 

B, Sixth 

C, Sixth 

B, Sixth 
A, Sixth 

C, Sixth 
A, Sixth 

A, Sixth 
C,- Sixth 

B, Sixth 

C, Sixth 

A, Sixth 
C, Sixth 
C, Sixth 

B, Sixth 

B, Sixth 

C. Sixth 
C, Sixth 



Infantry- . 
Infantry. . 
Infantry. - 
Infantry. . 
Infantry. . 
Infantry.. 
Infantry. - 
Infantry. - 
Infantry.. 
Infantry. - 
Infantry.. 
Infantry.. 
Infantry. - 
Infantry.. 
Infantry.. 
Infantry. . 
Infantry- - 
Infantry. - 
Infantry. . 
Infantry.. 
Infantry. . 
Infantry. . 
Infantry.. 
Infantry.. 
Infantry . . 
Infantry. - 
Infantry.. 
Infantry. . 
Infantry.. 
Infantry.- 
Infantry.. 



Digitized by 



Google 



48 



REPORT OF THE ADJUTANT-GENERAL. 
Third Class— Marksmen— Continued. 






Rank and Name. 



OrgaoiEation. 



615 
616 
617 
618 
619 
620 
621 
622 
523 
624 
625 
626 
627 
628 
629 
630 
631 
632 
633 
634 
635 



536 
637 
638 
639 
640 
641 
642 
613 
644 
645 
646 
647 
648 
649 
650 
651 
652 
653 
654 
655 
656 
557 
558 
659 

660 
561 
662 
663 
664 
665 
666 
567 
668 
669 
670 
671 
672 
673 
674 
675 
676 
677 



Private F. Hopkins 

Private C. A. AUington 

Private L. E. Prusso 

Private E. A. Dobbel 

Lieutenant Edward Bums 

Corporal H.T. Boggs 

Private F. Nye 

Private J. W. Shanklin 

Private H. R. Cruse 

Corporal W. G. Griffith 

Lieutenant J. Goodman 

Sergeant A. B. Hussey 

Sergeant A. M. Drew 

Private A. Leffler 

Lieutenant James L. Andrews. 

Private J. Higgins 

Sergeant H. C. W. Baker 

Private C. B. Smith 

Private B. C. Blivin 

Private M. O. Blivin 

Corporal F. Creary 



Fourth Brigade. 

Private J. Dumphy 

Private F. L. O'Brien 

Sergeant Wm. Horreil 

Lieutenant Howard Stillman . 

Private J. A. Klein 

Private G. W. Botsford 

Private W. H. Palm 

Private Geo. McKenna 

Private T. B. Noyes 

Private Gus. Hagelstein 

Private A. D. Tilton 

Sergeant J. B. Hevel 

Private F. H. Stevens 

Private Jerry Carroll 

Private D. McDougall 

Corporal W. B. May dwell 

Private Wm. Mullen 

Private C. S. Alvord 

Private M. McDermott 

Captain John H. Wiseman — 

Sergeant F. L. Quinn 

Private G. C. Freeman 

Private Geo. Harris 

Sergeant D. H. WyckoflF. 



Captain John Cook 

Private Wm. Lively 

Private L. Stopper 

Private O. F. Harrigan 

Lieutenant P. F. Simonds.. 

Private C. Utting 

Corporal J. A. Scnaeffer 

Private W.G. Ross 

Corporal J as. Hackley 

Corporal W. R. O'Brien 

Corporal Edward Wyckoff. 

Lieu tenan t J. G. Lee 

Corporal L. H. Nickelson 

Sergeant J. W. Hevel 

Private E. Ready 

Private V. W. Hartlev 

Corporal Jerry Carroll 

Sergeant K M. Hamilton.. 



Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 
Company 



C, Sixth 
A, Sixth 
C, Sixth 

A, Sixth 

B, Sixth 

A, Sixth 

B, Sixth 

C, Sixth 

A, Sixth 
C, Sixth 

B, Sixth 
A, Sixth 

C, Sixth 
A, Sixth 

A, Sixth 

B, Sixth 

A, Sixth 

B, Sixth 
A, Sixth 

A, Sixth 

B, Sixth 



Infantry. 
Infantry. 
Infantry. 
Infantry. 
Infantry. 
Infantry. 
Infantry. 
Infantry. 
Infantry. 
Infantry. 
Infantry. 
Infantry. 
Infantry. 
Infantry. 
Infantry 
Infantry- 
Infantry. 
Infantry. 
Infantry. 
Infantry. 
Infantry. 



32 
32 
31 
31 
31 
31 
31 
29 
29 
29 
29 
29 
27 
27 
26 
25 
25 
25 
25 
25 
25 



39 



Company G, First Artillery 

Company G, First Artillery 

C ^ ™-st Artillery 

•Si irst Artillery 

C 'st Artillery 

Co.«K""j -» * ""st Artillery 

Company E, First Artillery 

Company G, First Artillery 

Company E, First Artillery 

Signal Corps, First Artillery 

Company E, First Artillery 

Company F, First Artillery 

Company G, First Artillery 

Company G, First Artillery 

Company G, First Artillery 

Company G, First Artillery 

Company C, First Artillery 

Cadet Company, First Artillery 

Company G, First Artillery 

Cadet Company, First Artillery. .- 

Company E, First Artillery 

Company E, First Artillery 

Company F, First Artillery 

Non-Commissioned Staff, First Ar- 
tillery 

Company B, First Artillery 

Company B, First Artillery 

Company E, First Artillery 

Company C, First Artillery 

Company C, First Artillery 

Company F, First Artillery 

Company A, First Artillery 

Company E, First Artillery 

Company C, First Artillery 

Company B, First Artillery 

Company F, First Artillery 

Company F, First Artillery ' 32 

Company C, First Artillery 32 

Company F, First Artillery 32 

Company F, First Artillery 32 

Company E, First Artillery j 32 

Company G, First Artillery 32 

Cadet Company, First Artillery 1 32 



38 
37 
37 
37 
37 
37 
37 
36 
36 
36 
36 
36 
36 
36 
36 
35 
35 
35 
35 
34 
34 

34 
34 
34 
34 
34 
34 
33 
33 
33 
33 
33 
32 



Digitized by 



Google 



REPORT OF THE ADJXJTANT-GENERAL. 
Third Glass— Ma SKSMsiff—Con tinned. 



49 



BaHK AMD NAMB. 



Ovsudzatlon. 



578 
579 
580 
581 
582 
583 
584 
585 
586 
587 
588 
589 
590 
591 
502 
593 
594 
595 
596 
597 
598 
599 
600 
601 
602 
603 
604 
605 
606 
607 
606 
609 
610 
611 
612 
613 
614 
615 
616 
617 
618 
619 
620 
621 
622 
623 
624 
625 
626 



627 
628 
629 
630 
631 



634 
635 
636 
637 
638 
689 
640 



Private Philip Cook 

Private J. H. Brownley 

Private L. Crane 

Corporal T. V. Westcott 

Private T. F. Grimes 

Private S. Wright 

Corporal C. O.Minkler 

Corporal E. B. Manderville. . - 

Private H. Donahue 

Private W. G. Schmeiser 

Sergeant Gus. Kreuzberger. . . 

Private W. E. Callen 

Private T. Van Horn 

Private Jos. Boquier. Jr 

Private W. E. Doane 

Private R. P. Bawerman 

Corporal C. T. Noyes 

Private L. H. SuUivan 

Sergeant G. L. Chadderden... 
Sergeant H. B. Humphreys . 

Private R. A. Douglas 

Sergeant R. E. Hopkins 

Private C. H. McClure 

Private L. D. Nihell 

Private J. J. West 

Private John Zittinger 

Private W. J. Johnson 

Private M. L. Perkins 

Captain W. H. Curson 

Private J. W. Gammill 

Private Fred. Shortridee 

Lieutenant F. M. Woodson... 

Private W. Harper 

Private H. T. Harper 

Corporal W. Baker 

Private J. T. McCormick 

Sergeant C. C. Weisenburger . 

Lieutenant T. G. Hughes 

Sergeant H. 8. Linnefl 

Sergeant J. S. Scott 

Private H. Maltloy 

Private G. W. Hayes 

Corporal C. L. Green 

Private B. J. Ott 

Private Edward Julian 

Sergeant E. M. Sheehan 

Private C. J. Schwab 

Private H. Peterson 

Sergeant J. M. Wallace 



Fifth Bbxgade. 

Sergeant J. H. Allen 

Private P. E. Dixon 

Sergeant H. W. Reihl 

Private Thos. McKeon 

Captain R. M.Jones 

Private W. H. Waddams 

Sergeant E. E. Canfield 

Private Leslie Allen 

Private C. E. Moss 

Private M. L. Van Deborgart- 

Private D. W. Salisbury 

Corporal H. D. Burroughs 

Private A. Hamrick 

Private G. T. Wilson 



Company A, First Artillery 

Company F, First Artillery 

Company F, First Artillery 

Company P, First Artillery 

Company C, First Artillery 

Company F, First Artillery 

Company P, First Artillery 

Company B, First Artillery 

Cadet Company « First Artillery 

Cadet Company, First Artillery 

Company B, First Artillery 

Company P, First Artillery 

Cadet Company, First Artillery 

Company B, First Artillery 

Company G, First Artillery 

Company C, First Artillery 

Company E, First Artillery 

Company A, First Artillery 

Cadet Company, First Artillery 

Company A, First Artillery 

Company C, First Artillery 

Company F, First Artillery 

Cadet Coinpany, First Artillery 

Company C, First Artillery 



Company E, First Artillery 

Company G, First Artillery 

Company G, First Artillery 

Company B, First Artillery 

Company F, First Artillery 

Company F, First Artillery 

Company B, First Artillery 

Cadet Company, First Artillery 
Cadet Company, First Artillery 
Cadet Company, First Artillery 

Company P, First Artillery 

Company G, First Artillery 

Company C, First Artillery 
Company F, First Artillery 



Cadet Company, First Artillery 

Company B, First Artillery 

Company B, First Artillery 

Company B, First Artillery 

Company F, First Artillery 

Company C, First Artillery. 

Cadet Company, PMrst Artillery 

Cadet Conapany , First Artillery 

Company B, First Artillery. 



Company G, First Artillery. . 
Non-commissioned Staff, First Ar- 
tUlery 



Chico Guard - 
Chico Guard., 
Chico Guard. 
Chico Guard - 
Chico Guard. 
Chico Guard. 
Chico Guard. 
Chico Guard. 
Chico Guard 
Chico Guard. 
Chico Guard. 
Chico Guard. 
Chico Guard. 
Chico Guard. 



Digitized by 



Google 



60 



REPORT OF THE ABJIITANT-OENERAL. 
Tbibd Class — Mabksmbk — Continued. 






Bamk AMD Name. 



OrganliatioD. 



641* 
642» 
643 
644 



645 
646 
647 
648 
649 
660 
661 
652 
653 
654 
655 
666 
657 
668 
659 
660 
661 
662 
663 
664 
665 
666 
667 



670 
671 
672 
673 
674 
675 
676 



677 
678 
679 



680 
681 
682 
683 
684 
685 
686 
687 



Lieutenant J. H. Gamby 

Private B. F. Young 

Private W. E. Broadwater 

Private Edward Brandt 

Sixth Brigadk. 

Sergeant H. 8. Alkinson 

Private W.W.Taylor 

Corx>oral J. P.Donnelly 

Private W. D. Crighton 

Private 8. V. Zane 

Private A. T. Smith 

Private W. G. Graham 

Captain John L. Crighton 

Sergean t Edward Ruscoe 

Private Herman W. Smith 

Private David Wilson 

Private W. G. Boom 

Private M. I. Slaven 

Private Thomas H. Selvage 

Private Eugene C. Boom 

Private H, B. Taylor 

Lieutenant Daniel J. Foley 

Private Thomas Chope 

Private R W. Crighton 

Private Robert Georgeson 

Private E. D. Higgins 

Private Denoer Sevier 

Private Moses Wolfred 

Private John McCarthy ..— 

Private W. A. McNamara 

Private Thos. K. Carr 

Private Ed. McLaughlin 

Private Frank Phelps 

Private Walter Powers 

Private P. B. Dickson 

Private J. C. Griflath 

Private L. M. Brown 

Supplemental List of Riflemen. 

First Sergeant Wm. A. Mott 

CorporalW. H. Cobbledick 

Captain Charles E. Parsons 

SupplemerUcU List of Marktmen. 

Private C. B. Derby 

Corporal E. J.Stewart 

Private A. S. Johnson 

Private E. W. Hook 

Sergeant L. N. Cobbledick 

First Sergeant T. J. Sheehan 

Private R. P. Bromley 

Sergeant J. F. Hays 

Sergeant R P. Poorman 



Chico Guard 

Chico Guard 

Chico Guard 

Chico Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Eureka Guard 

Signal Corps, First Artillery 
Company F, Fifth Infantry. 
Company F, Fifth Infantry. 

Company F, Fifth Infantry. 
Company F, Fifth Infantry. 
Company F, Fifth Infantry. 
Company F, Fifth Infantry. 
Company F, Fifth Infantry. 
Company F, Fifth Infantry. 
Company F, Fifth Infantiy. 
Company F, Fifth Infantry - 
Company F, Fifth Infantry. 



2a 
28 
27 
27 



39 
39 
38 
38 
37 
36 
36 
36 
36 
35 
34 
34 
32 
32 



32 
32 
30 
29 
29 
29 
29 
28 
28 
27 
27 
27 
27 
27 
26 
2S 



43 

40 
40 



36 
38 
35 

32 
31 
28 
27 
26 



•Tie. 



Digitized by 



Google 



BEFCmr OF THE ADJOTANT-6ENERAL. 



51 



Disqualified as winners of the State Decjorations for 1887, having attended less than 60 
I)er cent of drills during the year : 


1 
i 


Naxk and Ram k. 


Organiiation. 


BwWon. 


^ 


1 


Private Ruf us Taylor — . 


Company A, Seventh Infantry. 
Company B, First Infantry .-. 
Company B, First Infantry --- 
Company B, First Infantry ... 
Company C, First Infantry ... 
Company C, First Infantry -.. 
Company C, First Infantry — . 
Company C, First Infantry .— 
Company C, First Infantry ... 
Company C, First Infantry ... 
Company D, First Infantrv ... 
Company D, Second Artillery. 
Company C, Third Infantrv... 
Company C, Third InfAitry... 
Company C, Third Infantry... 
Company H, Third Infantry .. 
Company A, Fifth Infantry... 
Company A, Fifth Infantry... 
Company A, Fifth Infantry... 
Company A, Fifth Infantry. -- 
Company B, Fifth Infantry... 
Com pany C, Fifth Infantry . . . 
Company C, Fifth Infantry... 
Company C, Fifth Infantry. .. 
Company C, Fifth Infantry... 
Company D, Fifth Infantry... 
Company D, Fifth Infantry... 
Company B, Fifth Infantry... 
Company E, Fifth Infantry... 
Company A, Sixth Infantry... 
Company C, First Artillery .-. 
Company C. First ArtUlery ... 
Company C, First Artillery ... 
Company C, First Artillery ... 
Company C, First ArtiUery ... 
Company C, First Artillery ... 
Company C, First Artillery ... 
Company C, First Artillery ... 
Company F, First Artillery ... 
Company F, First Artillery ... 
Company F, First Artillery ... 
Company F, First Artillery ... 
Company G, First Artillery . .. 
Company G, First Artillery ... 
Company G, First Artillery ... 
Company G, First Artillery ... 
Company G. First Artillery ... 
Chico Guard 


Marksman 

Marksman 

Marksman 

Rifleman 

Marksman 

Marksman 

Marksman 

Rifleman 

Rifleman 

Rifleman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman..... 

Marksman 

Marksman 

Marksman 

Marksman 

Marksman 

Rifleman 

Marksman 

Marksman 

Rifleman 

Rifleman 

Marksman 

Marksman 


9n 


9. 




36 


3 


Private W. C. Raisch 


?5 


4 


Private A. Bhula 


40 


5 


Private H. J. Meile 


81 


B 


Private J. R. Sloan - 


88 


7 


Private F. A. Will 


84 


8 


Private A. H. Brod 


40 


9 


Private A. P. Rave 


48 


10 
11 


Private C. F. Waltham 

Private W. J. Murphy 


41 
25 


}?. 


Private W. J. Sturke 


87 


13 
14 


Private L. E. Brugwire 

Private J. Crossan 


32 

25 


15 


Private P. Foley 


?5 


16 
17 
18 
19 
90 


Private D. J. O'teary 

Private H. C. Bullock 

Private W. F. Esmond 

Private H, H, Henderson 

Private J. M. Page 


25 
35 
38 
28 
9SI 


21 

9!?, 


Private H. F. Plummer 

Private U. 8. Adams : 


28 
?5 


9^ 


Private G. P. Baxter 


31 


24 

?5 


Private W. A. Chapman 

Private J. W.Hoag 


34 


W 


Sergeant G. E. Austin 


81 


?7 


Private C. Bucker 


38 


?8 


Private S. I. Allen 


30 


29 


Private S. S. Austin -- 


30 


?I0 


Private J. H. Rhoden 


32 


81 


Private F. W. Bost 


34 


82 


Private B. A. Bost 


36 


83 
84 


Private Thomas P. Byrne 

Private John Black 


30 
?6 


85 


Private J. P. Evans 


35 


36 
87 


Private R. F. Morrison 

Private A. J. MuUen 


28 
?5 


88 


Private J. C. Rich 


32 


39 

40 


Private 0. M. Colburn 

Private J. L. Denis 


25 

?7 


41 
42 


Private W. Henderson 

Private G. L. Mull 


27 
25 


48 


Private J, E. Genung 


37 


44 


Private R. E. Murrav --. 


31 


45 


Private C.L. White 


42 


46 


Private M. Judge 


39 


47 

48 


Private W. J. Greenlaw 

Private Albert Allen 


35 
41 


49 


Private W. V. Allen 


Chlco Guard 


41 


50 


Private W. H. Bachelor 

Private Alfred Wingler 


Chico Guard 


.S3 


51 


Eureka Guard - 


28 









Digitized by 



Google 



62 



REPORT OF THE ADJUTAN1W3ENERAL. 



TABLE M. 

The best shots in the respective organizations of the National Guard for the year end- 
ing October. 1887 : 



§6 


Namb. 


Org»DiutioD. 


> 


1 




Chui- 
|1« 


Sergeant James E. Hughes 

Private Anthony Johnson 

Private A. McBfillan 


Non-commissioned Stalf, First 
ArtUlery 


47 
46 


94 
92 


50 




Company G, First Infantry 


50 


2 


Company G, First Artillery ... 
Company F, First Infantry 


46 


92 


50 


3 


Corporal H. L. Pendleton 


46 


92 


50 


4 


Major 8. 1. Kellogg, Jr 


Inspector Rifle Practice, Sec- 
ond Brirade.- 










Private Charles E. Fennell 


45 
45 


90 
90 


50 


5 


Company K, Second Artillery . 


60 


6 


Captain John B. Klein 


Companv C, First Infantry — 

Company B, First Infantry ... 

Non-commissioned Staff, Third 

Infantry 


45 


90 


60 


7 


Private A.F. Raum 


43 


86 


50 


8 


Sergeant D. Geary .-.♦ 

Sergeant Henry C. Miles 


43 
42 


86 
84 


50 


9 


Company A, Seventh Infantry. 


50 


10 


Sergeant A. A. Smith 


Company C, Fifth Infantry ... 

Inspector Rifle Practice, Sec- 

^ ond Artillerv 


42 


84 


60 


11 


Lieutenant F. A. Kuhls 












42 


84 


60 


12 


Private Thomas McLain 


Company D, Fifth Infantry ... 
Company C, Third Infantry... 
Company C, Second Artillery.. 
Company A, First Infantry ... 
Inspector Rifle Practice, First 
Infantry . 


42 


84 


60 


13 
14 


Corporal John Maginnis 

Private J. H. Peten 


41 
41 


82 
82 


50 
50 


15 


Private J. B. Brennan 


41 


82 


60 


16 


Lieutenant George H. Strong ... 
Sergeant T. F. Ciine 


41 

41 


82 
82 


60 


17 


Company B, Third Infantry .. 
Eureka Guard -. 


50 


18 


Private J. A. Henderson 

Private C. A. MerriU 


41 
41 


82 
8? 


50 


19 


Company A, Sixth Infantry... 
Company G, Third Infantry. ._ 
Company H, First Infantry- -- 


60 


20 


Sergeant M. J. Sheehan 


40 


80 


60 


21 


Lieutenant J. M. Duncan 


40 


80 


50 


22 


Sergeant H. J. Wagner 


Company D, Second Artillery . 
Company A, Sixth Infantry... 
Company A, Fifth Infantiy... 
Company B, First Artillery ... 


40 


80 


60 


23 


Sergeant T. C. Hart 


40 


80 


50 


24 


Corporal J. L. Cavasso 


40 


80 


50 


25 


Lieutenant Samuel Kay 

Private James Kosewall 


40 


80 


60 


26 


Company C. First Artillery ... 


40 


80 


60 


27 


Lieutenant C. B. Swain 


Chico Guard *_.. 


40 
40 


80 
80 


50 


28 


Corporal W. H. Cobbledick 


Company F. Fifth Infantry . .. 


50 


29 


Sergeant H. 0. Middleton 


Signal Corps, Third Infantry.. 


39 


78 


50 


30 


Lieutenant Robert Reynolds 


San Francisco Hussars 


39 


78 


50 


31 


Private M. 0. Austin 


Company E, Fifth Infantry... 

Company G, Second Artillery. 

Assistant Adjutant - General 

California 


39 


78 


50 


32 


James J. Ward 


39 


78 


60 


33 


Colonel Perrie Kewen 


38 
38 


76 
76 






Lieutenant Charles Hagan 


50 


84 


Company B, Fifth Infantry.. . 


50 


36 


Captain Frank H. Swett 

Private W.Baker 


Adjutant Fifth Infantry 


38 


76 


60 


36 


Company B, Sixth Infantry... 
Company H, Second Artillery. 
Inspector Rifle Practice, Di- 


38 


76 


60 


37 


WiUiam Cooney 


38 


76 


50 


38 


Lieutenant-Colonel H.H.Kohler 












vision 


37 


74 


50 


39 


Private G. W. Botsford 


Company F, First Artillery ... 


37 


74 


50 


40 


Private W. H. Palm 


Company E, First Artillery ... 


87 


74 


50 


41 


Lieutenant Frederick Zeising.. . 


Company D, First Infantry.. . 


86 


72 


50 


42 


Private Gus Hagelstein 

Captain J. C. O'Connor 


Signal Corns, First ArUUery .. 
Company D, Third Infantry .. 
Cadets, First Artillery 


36 


72 


50 


43 


36 


72 


50 


44 


Private C. S. Alvord 


35 


70 


60 


45 


Lieutenant Ed. H. Kennedy 


Company E, Third Infantry .. 


34 


68 


50 


46 


Sergeant John R. Ley man 

Corporal J . A. Schaeffer 

Captain S. J. RuddeU 


Company F, Third Infantry .. 


34 


S 


60 


47 
48 


Company A, First Artillery... 
Cadets, Third Infantry 


33 
33 


66 
66 


50 
50 


49 


Private F. H.Abbott 


Cadets, Second Artillery 


33 


66 


50 


50 


Sergeant Charles H. Becker 


Company A, Third Infantry .. 


81 


62 


50 



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REFOKT OF THE ADJUTAKT-OENBBAL. 



53 



Light Battery A, Second Artillery, shooting with revolvers, 100 feet, National 
Association target: 


Range 


1 


Name. 


OrgaoiwtioD. 


! 


1 


F? 


1 


Captain H. T. Sime 


Light Battery A, Second ArtU- 
lerv 


47 


94 








50 









TABLE N. 

Regimental Team Matchj- Camp BartleU, HeakUburg, July 9, 1887, 

Match between teams composed of ten men from each Regiment of the Second Brigade, 
ten shots each, 200 yards; Springfield rifles, caL 46. 



BlOIMKNTAL TXAM. 



Number in 
Team. 



Highest Pos- 
sible Score. 



Points Msde. 



Percentage. 



First Infantry . . 
Fifth Infantry.. 
Third Infantry. 
Second Artillery 

Totals 



10 
10 
10 
10 



600 
600 
500 
500 



376 
369 
361 
288 



75^ 
73.80 
72.20 
57.60 



40 



2,000 



1.394 



69.70 



Skirmishers' Maich, Camp BarileU, Healdsburg, July 6, 7, 8, 1887, 

Match between teams composed of ten men from each company entered; ten shots per 
man; Springfield rifles, cal. 45. Distance: First volley (one snot per man), advancing at 
250, 200, 150, 100, and 50 yards, and one volley retiring at 75, 125, 175, 225, and 275 yards. 
Firing, by command, any position and any gait allowed. 





Okoamisatxon. 


Number of 
Shots. 


Highest Pos- 
sible Score. 


Points Ms4e. 




1 


Company B, Fifth Infantry 


10 


600 


296 


69.20 


2 


Company F, Fifth Infantry 


10 


500 


286 


67.20 


3 


Company F, Third Infantry 


10 


500 


276 


55.00 


4 


Company C, Second Artillery 


10 


500 


271 


54.20 


5 


Company D, Fifth Infantry 


10 


600 


260 


52.00 


6 


Company E, Fifth Infantry 


10 


500 


258 


61.60 


7 


Company C, Third Infantry 


10 


500 


254 


60.80 


8 


Company C, Fifth Infantry 


10 


600 


242 


48.40 


9 


Company D, Second Artillery 


10 


500 


283 


46.60 


10 


Company B, First Infantry 


10 


500 


214 


42.80 


U 


Company C, First Infantry 


10 


500 


203 


40.60 


12 


Company A,Fifth Infantry... 


10 


600 


20O 


40.00 


13 


Company D, First Infantry 

Cadets, second Artillery 


10 


500 


161 


32.20 


14 


10 


600 


124 


' 24.80 




Totals 






140 


7,000 


3,277 


46.81 









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54 



REPORT OP THE ADJUTAMTH3GNERAL. 







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