4. When requested, to give information in writing to either house of the legislature relating to the fiscal affairs of the state or the duties of his office;

5. To suggest plans for the improvement and management of the public revenues;

6. To keep and state all accounts in which the state is interested; 7. To keep an account of all warrants drawn upon the treasurer, and a separate account under the head of each specific appropriation, showing at all times the unexpended balance of such appropriation;

8. To keep an account between the state and the treasurer, and therein charge the treasurer with the balance in the treasury when he came into office, and with all moneys received by him, and credit him with all warrants drawn on and paid by him;

9. To keep a register of warrants showing the fund upon which they are drawn, the number, in whose favor, for what service, the appropriation applicable to the payment thereof, and when the liability accrued. Before delivering a warrant to the payee named therein, he shall, whenever requested to do so by the state treasurer, permit the state treasurer to indorse upon or attach to such warrant an order designating the place where such warrant may be paid. Such warrants may be made payable at the option of the treasurer, either at his office, or at some bank in which moneys of the state are deposited. Whenever any party is entitled to the payment of a sum greater than twenty thousand dollars, the controller shall, whenever requested to do so by the state treasurer, issue to such party several warrants aggregating the amount due him in the amounts designated by the treasurer. Upon delivering a warrant to the party entitled thereto, the controller shall take and preserve a receipt therefor; but, when requested to deliver a warrant by mail by the person entitled thereto, he may deliver such warrant to the board of examiners, taking the receipt, therefor, of the secretary of the board of examiners or of some one authorized by him to receipt for the same. The board of examiners must, without delay, enter the same on the books of its office and mail the same to the proper person;

10. To audit all claims against the state in cases where there are sufficient provisions of law for the payment thereof;

11. To examine and settle the accounts of all persons indebted to the state, and to certify the amount to the treasurer, and upon presentation and filing of the treasurer's receipt therefor to give such person a discharge and charge the treasurer therewith;

12. In his discretion to require any person presenting an account for settlement to be sworn before him, and to answer orally or in writing, as to any facts relating to it;

13. To require all persons who have received any moneys belonging to the state and have not accounted therefor to settle their accounts;

14. In his discretion to inspect the books of any person charged with the receipt, safekeeping, or disbursement of public moneys;

15. In his discretion, to require all persons who have received moneys or securities, or have had the disposition or management of any property of the state of which an account is kept in his office to render statements thereof to him; and all such persons must render such statement at such times and in such form as he may require;

16. To direct and superintend the collection of all moneys due the state, and institute suits in its name for all official delinquencies in relation to the assessment, collection, and payment of the revenue, and against persons who by any means have become possessed of public money or property and fail to pay over or deliver the same, and against all debtors of the state; of which suits the courts of Sacramento county have jurisdiction, without regard to the residence of the defendants;

17. To draw warrants on the treasurer for the payment of moneys directed by law to be paid out of the treasury; but no warrant must be drawn unless authorized by law, and upon an unexhausted specific appropriation provided by law to meet the same. Every warrant must be drawn upon the fund out of which it is payable, and specify the service for which it is drawn, when the liability accrued, and the specific appropriation applicable to the payment thereof;

18. To furnish the state treasurer with a list of warrants drawn upon the treasury;

19. To authenticate with his official seal all drafts and warrants drawn by him, and all copies of papers issued from his office;

20. To perform the duties of a member of the state board of equalization, and such other duties as are prescribed by law. [Amendment approved March 13, 1911; Stats. 1911, p. 353.]

Citations. Cal. 156/504.

Employees of controller.

$439. The controller may appoint one deputy controller, one bookkeeper, one inheritance tax deputy, one expert, one statistician, one warrant registrar, and four clerks, who shall be civil executive officers; and one stenographer. [Amendment approved April 17, 1911; Stats. 1911, p. 933.]

Salaries.

§ 440. The annual salary of the deputy controller is three thousan dollars; of the bookkeeper, twenty-four hundred dollars; of the inheritance tax deputy, twenty-four hundred dollars; of the expert, two thonsand dollars; of the statistician, two thousand dollars; of the warrant registrar, two thousand dollars; of one clerk, eighteen hundred dollars; of each of three clerks, sixteen hundred dollars; of the stenographer, twelve hundred dollars. All such salaries shall be paid in the same manner and at the same time as the salaries of other state officers. [Amend. ment approved April 17, 1911; Stats. 1911, p. 933.]

Transfer to school fund of thirteen dollars for each pupil.

§ 443. On or before the first Monday in January and the first Monday in July of the year 1912 and on or before the first Monday in January and the first Monday in July of each succeeding year, the state controller shall transfer from the general fund of the state to the state school fund such sums as will be equivalent to thirteen dollars for each pupil in average daily attendance in the elementary schools of the state as reported by the superintendent of public instruction for the school year ending June 30th preceding. [Amendment approved May 1, 1911; Stats. 1911, p. 1245.]

The act amending § 443 of the Political Code and adding § 461 to that code contained the following provision:

§ 3.

The provisions of this act shall not be construed as repealing other existing law which provides other moneys for the support of the public school system and all money derived by any other existing law and now expended for the support of the common schools, shall be so expended in addition to the moneys provided for in section 443 of this code.

Duties of treasurer.

§ 452. It is the duty of the treasurer:

1. To receive and keep in the vaults of the state treasury or in banks all moneys belonging to the state, not required to be received and kept by some other person;

2. To file and keep the certificates of the controller delivered to him when moneys are paid into the treasury;

3. To deliver to each person paying money into the treasury a receipt showing the amount, the sources from which the money accrued, and the funds into which it is paid, which receipts must be numbered in order, beginning with number one at the commencement of each fiscal year;

4. To pay warrants drawn by the controller out of the funds upon and in the order in which they are drawn;

5. To attach to or indorse upon warrants drawn by the controller an order directing the payment of warrants by some bank or banks in which moneys of the state are on deposit whenever, in his judgment, it is desirable to so withdraw moneys of the state from deposit. Upon presentation for payment, the person to whom it is paid shall receipt therefor in the manner customary in the payment of bank checks, and the treasurer shall preserve such warrants and orders after they are returned to him in the ordinary course of business;

6. To keep an account of all moneys received and disbursed; 7. To keep separate accounts of the different funds;

8. To report to the controller, on or before the tenth day of each month, the amount disbursed during the preceding month for redemption of bonds and in payment of warrants during the month; which report must show the number of such bonds and warrants, the funds out of which they were paid, and the balance of cash on hand in the treasury to the credit of each fund;

9. At the request of either house of the legislature, or of any committee thereof, to give information in writing as to the condition of the treasury, or upon any subject relating to the duties of his office;

10. To report to the governor at the time prescribed in section 332 of this code, the exact balance in the treasury to the credit of the state, with a summary of the receipts and payments of the treasury during the two preceding fiscal years;

11. To authenticate with his official seal all writings and papers issued from his office;

12. To discharge the duties of state capitol commissioner, and such other duties as may be imposed upon him by law. [Amendment approved March 13, 1911; Stats. 1911, p. 355.]

State treasurer's deputy and assistants.

§ 456. The state treasurer may appoint one deputy state treasurer, one cashier, one bond officer, two bookkeepers and one stenographer, all of whom shall be civil executive officers. The annual salary of the deputy state treasurer is three thousand two hundred dollars; of the cashier, two thousand five hundred dollars; of the bond officer, two thousand five hundred dollars; of the bookkeepers, two thousand two hundred dollars each, and of the stenographer, one thousand two hundred dollars. All such salaries shall be paid in the same manner and at the same time as the salaries of other state officers. [Amendment approved March 24, 1911; Stats. 1911, p. 483.]

State treasurer to transfer school fund.

§ 461. The state treasurer shall transfer from the general fund to the state school fund such sums as shall be certified to him by the state controller under the provisions of section 443 of the Political Code. [New section approved May 1, 1911; Stats. 1911, p. 1245.]

See note to § 443.

Deputies. Special counsel. Attorney general to have charge of legal matters in which state interested. When district attorney disqualified.

§ 472. The attorney general may appoint one assistant, one chief deputy and five additional deputies, who shall be civil executive officers. The annual salary of the assistant shall be four thousand dollars; the annual salary of the chief deputy shall be four thousand dollars; the annual salary of two of such additional deputies shall be thirty-three hundred dollars each, and the annual salary of three of such additional deputies shall be three thousand dollars each. Said salaries shall be paid at the same time and in the same manner as the salaries of other state officers. The attorney general shall not employ special counsel in any case except those provided in section 474 of the Political Code. The attorney general shall have charge, as attorney, of all legal matters in which the state is in any wise interested, except the business of the regents of the University of California and of the state harbor commis

sioners, and such other boards or officers as are now by law authorized to employ attorneys, and no board, officer or officers, or employee of the state, except said regents and said harbor commissioners and such other boards and officers as are now by law authorized to employ attorneys, shall employ any attorney other than the attorney general, or one of his assistants or deputies, in any matter in which the state is interested; nor shall any money be drawn out of the treasury, or out of any moneys appropriated out of the treasury, or out of any special or contingent fund under the control of any board, officer or officers, or employee for the pay of any legal services rendered after the passage of this act, the provisions of any existing statute to the contrary notwithstanding, excepting as above provided; provided, that whenever a district attorney in any county of this state shall, for any reason, become disqualified from con. ducting any criminal prosecution within such county, the attorney general may employ special counsel to conduct such prosecution, and the attorney's fee in such case shall be a legal charge against the state. Provided, further, that nothing herein contained shall be construed to prevent or deny the right of any board, officer, or officers or employee of the state to employ or engage counsel in any matter of the state, after first having obtained the written consent so to do of the attorney general. [Amendment approved April 3, 1911; Stats. 1911, p. 587.]

Clerks, reporter and stenographers of attorney general.

§ 475. The attorney general may appoint two clerks, one phonographic reporter and four stenographers for his office. The annual salary of each of said clerks and of the phonographic reporter shall be eighteen hundred dollars; the annual salary of each of such stenographers shall be twelve hundred dollars. Said salaries shall be paid at the same time and in the same manner as the salaries of other state officers are paid. The clerk, the phonographic reporter and the stenographers shall be civil executive officers. [Amendment approved April 3, 1911; Stats. 1911, p. 588.]

Appointments of surveyor general.

§ 485. The surveyor general may appoint a deputy surveyor general, who shall be ex officio deputy register of the state land office, and one assistant surveyor general, who shall be ex officio assistant register of the state land office, and three clerks, all of whom shall be civil executive officers. The annual salary of the deputy surveyor general, including his services as ex officio deputy register of the state land office is three thousand dollars. The annual salary of the assistant surveyor general, including his services as ex officio assistant register of the state land office, is two thousand two hundred and fifty dollars. The annual salary of each clerk to the surveyor general is eighteen hundred dollars. The said salaries shall be paid in the same manner and at the same time as the salaries of other state officers. [Amendment approved March 21, 1911; Stats. 1911, p. 426.]