investigation, who was your main assistant in all of them? A. You were my main assistant.

Q. Whom did you rely upon to do your work? A. I relied upon you to assist me after office hours. You spent, I think, thirty-one evenings, or portions of evenings after five o'clock, especially in making up the seawall report, which I authorized, and which I certified to you for the labor performed in that investigation for the bill that you have now presented, and also for Jesse Colon, who served all the subpoenas in the investigation. Q. In regard to this order, I did not sign your name on that, but I drew an order on you and signed my own name to the order to pay $5 and charge it to my account. Was there any money coming to me at the time I drew that order? A. I think there was a bill; I think there were bills sent up to the Board of Examiners which were allowed, and that one was sent up for you for $100; I would not be positive, but I know you were occupying the relations which I have stated in that office, and know that I advanced money to you, and waited until after your bill was audited.

Q. And the largest portion was done after I drew that $5 order on you? Especially on the penal report? A. On the penal report, I think; I do not remember the time I made my seawall report to the Governor.

Q. This is the first report you made, the twenty-fifth of February, 1886? A. I don't remember at all.

Q. Do you know of your own knowledge that I have ever signed your you know of your own name on any person without your authority? Do knowledge that I signed it without your authority? A. No, sir; I could swear positively to it.

Recalled.

E. J. SMITH.

MR. AGNEW: Mr. Smith, did you state that you made a mistake in regard to me? Answer-Just as Mr. Enos said, after that conversation we had down at the hotel that evening-that we had down there, and I am positive that you made the remark that I said you did make, but after thinking it over I came to the conclusion that it was a matter of jest; it was the common talk that night about shoving bills up and down on the file.

SENATOR MOFFITT: Well, after thinking over the matter, do you think it was a jest or a matter of business in my case? A. No, sir; a matter of business, I can prove it on you.

MR. AGNEW: You say that you think it was a matter of jest on my part? A. Yes, sir.

Q. Well, I should think you would have stated that to the committee? A. I did not think it was so serious. I do not think it is so serious now as I did the other night.

RUSSEL HEATH, Esq., Chairman:

SACRAMENTO, February 25, 1887.

SIR: At your request I have to-day, in company with Ed. J. Smith, Assistant Clerk, compared the files of the Assembly Bills since January twenty-fifth, for the purpose of seeing if Assembly Bill No. 16 had been wrongfully or surreptitiously changed in its place on the file. I am unable to see that it has been tampered with. Its file number, in common with all the other bills, has changed from day to day, but to the best of my knowledge and belief the relative position (relating to other bills) has not