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Discharged prior to last report........
The undersigned confidently hope that in view of the reformation already accomplished, and the great benefits that are to flow from the labors of this institution, that the Legislature, in its generous wisdom, will make such an appropriation at the present session as will relieve the establishment from its embarrassment and enable the management to continue and enlarge their mission of charity, mercy, and usefulness.
Sister MARY G. BROWN,
Superioress of Sisters of Mercy.
R E P O R T.
MR. PRESIDENT :-Your Committee appointed to inquire into and report to the Senate what disposition has been made of, and by wbom, of the furniture, carpets, etc., belonging to the State, and which were used by the Senate and officers thereof during the last session of the Legislature, have had the subject under consideration, and ask leave to make the following report :
Your Committee have made due and diligent inquiry relative to the dispositions of the property above referred to, and have examined such witnesses as they deemed necessary to obtain the required information.
On the thirty-first day of March, eighteen bundred and sixty-six, the Senate of the State of California adopted the following resolution:
Resolved, That the schedule of furniture and fixtures furnished the Senate by the Sergeant-at-Arms, be copied into the Senate Journal, and that a copy be sent to the Secretary of State; and it is ordered that the Sergeant-at-Arms be authorized to gather up the above property, and deliver the same to the Secretary of State, and take his receipt therefor, for and in consideration of which the Controller is autborized to draw his warrant in favor of Mr. Moran, Sergeant-at-Arms, for the sum of forty dollars, which sball be in full for said services, to be paid out of the Contingent Fund of the Senate.
The schedule mentioned in the above resolution, was copied into, and may be found on page seven hundred and forty-five of the Senate Journal of the last session.
It appears from a receipt dated April third, eighteen hundred and sixty-six, and signed B. B. Redding, Secretary of State, per G. C. Garrison, tbat the articles named in “ Exhibit C,” accompanying this report, were received from John H. Moran on that day. The list of articles deliv. ered to the Secretary of State does not comprise all the property described in the schedule furnished the Senate; but the articles missing are such as might be broken or lost in the bustle and confusion attendant on the removal of the property.
The testimony of the witnesses examined, relative to the disposition of the property delivered to the Secretary of State, is vague and unsatisfac
tory. It appears from the testimony accompanying this report that the Secretary of State sold two carpets, for which he received one hundred and six dollars, and the amount so received was turned over to his successor, December twenty-third, eighteen hundred and sixty-seven.
It also appears that certain carpets and furniture were sent to the State Prison. The exact amount cannot be ascertained, as no inventory of the property was kept, and no receipt taken therefor. It also appears that some of the furniture was sent to the Attorney-General and SurveyorGeneral's offices. The amount sent cannot be ascertained,
It appears that the Senate and Assembly, Clerk, and Committee room furniture was stored together, and your Committee are unable to determine what portion of the furniture sent to the State Prison and the different State offices, was used by the Senate at the last session. In the opinion of your Committee, the proof is conclusive that a consid
a erable portion of the furniture used in Senate and Assembly, Clerk, and Committee rooms at the last session remains to be accounted for. The amount cannot be ascertained for reasons above stated.
An Act to provide for the care and sale of furniture and fixtures of the legislative Committee rooms, approved April second, eighteen hundred and sixty-six, (see page 774, Statutes 1865-6, reads as follows:
“SECTION 1. The Secretary of State shall receive the furniture and fixtures belonging to the State, furnished and used by the direction of the Legislature of the sixteenth session, and shall store the same in the vacant rooms of the Capitol building for the use of the next Legislature; provided, that the Secretary of State may dispose of the carpets, at public or private sale, and the receipts from the sale of the same shall be returned to the Contingent Fund of the Legislature.”
It appears, therefore, that the Secretary of State was authorized by law to sell the carpets, and that the disposition made by him of that portion of the furniture sent to the State Prison and the State offices, was in direct conflict with the
provisions of the statute above quoted. The excuse offered by the Secretary of State for violating the plain provisions of the law is, that the carpets and furniture sent to the State Prison was needed there, and that he acted with and by the advice and consent of the Board of Prison Directors in the matter; but although it is clearly shown that the State suffered no loss by the transfer, your Committee are of the opinion that no considerations should be allowed to induce any officer to disregard the laws be bas sworn to support.
Taking into consideration the facts that some of the furniture and the carpetings used in the Legislative, Clerk, and Committee rooms, at the present session, are of a perishable nature, and that there is no suitable place belonging to the State that can be used to store such property, your Committee are of the opinion that the carpets, furniture, etc., used in the Committee and Clerks' rooms should be sold at the close of the session, and the proceeds of such sales be placed in the State Treasury. Your Committee have therefore deemed it advisable to report the accompanying bill, and to respectfully recommend its passage.
The testimony of the witnesses examined by your Committee will be found accompanying this report.
All of which is respectfully subrnitted,