People ex rel. Dunn v. Van Ness

McFarland, J. The sections of the Political Code from 2949 to 2969 provide in detail for the examination of immigrants coming to this state by sea, to discover if any of them are afflicted with the disease of leprosy. The office of commissioner of immigration is created. Such commissioner is authorized to examine all vessels arriving at any port of the state, and to take charge of all persons found to have said disease and place them in a suitable lazaretto, or leper’s quarter, to he provided by the board of supervisors “ whenever necessary for that purpose.” That part of said sections which particularly affects the decision of the case at bar is contained in section 2955, and is as follows: “ For his services in making such examination and inspection, the commissioner of immigration shall demand and collect from the master, owner, or consignee of such vessel the sum of seventy cents in United States gold or silver-coin for each and every person so examined or inspected. [123]which sum, except four thousand dollars a year and expenses of office, shall, when required for such purpose, be paid by the commissioner into the state treasury, to be used in the maintenance, when necessary, of such lazarettos, or lepers’ quarters, as shall he constructed under this law.”

Defendant was commissioner of immigration from March 25, 1876, to January 20, 1880. During the early part of his term he paid some fees into the state treasury; but in 1878 he notified the offices of the attorney-general, state treasurer, and state controller, that upon examination of the law he had concluded that the fees belonged to him; that those already paid into the state treasury should be refunded to him; and that he would not pay to the state any more of such fees. After that he ceased to pay any of said fees into the state treasury; and nothing more was done about the matter until more than three years after he had gone out of office, when the controller made a demand upon him for the fees, and stated an account for his alleged indebtedness therefor, under section 437 of the Political Code, and on April 10, 1883, had this present action—in form an action of debt—instituted to recover them. Defendant answered, denying the indebtedness, and pleading the statute of limitations. The court found that the excess of fees received by defendant during his said term of office, over his salary and office expenses, was $2,382.87, for which sum, together with statutory damages, judgment was entered. It was not proven or found that any lepers’ quarters were ever constructed or maintained, or that any money was “ required for such purpose.”