Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-05-23
At ISSUE WITH THE COURT,
REGARDING THE RIVER COMMISSION
ERS' SALARIES.
Attorneys Who Say the Act is Not
Constitutional-AIr. Grunsky
and His Salary.

The last Legislature passed law Zap
proved March 10. 1882, to provide for the
appointment of an Examining Commits
sion on Rivers and Harbors. defining theil
duties and powers. and fixing their com.
pensation. G. E. Grunsky, ]. ]. Crawford
and P. A. Humbert were appointed under
the Act, and were to receive salaries OF
81, 400 per year each. When they pre-
scented claims for their first month salaries
Controller Dunn refused to draw the war
rants, on the ground that no appropriation
was made therefor.
The Act prescribed that the Commission
ers' salaries should be paid out of "any
money in the State Treasury not otherwise
appropriated" but the Controller claimed
that specific appropriation should have
been made. The Commissioners brought
mandamus suit against the Controller.
and got judgment, but the latter appealed
to the Supreme Court, and that tribunal
ordered the Commissioners salaries and
expenses paid, and in compliance there
with the warrants were made out as men,
toned in the RECORD UNION on Wednes-
day.
Yesterday the following letter was re-
ceiyed by the Controller from Commits
sioner Grunsky, who apparently does not
take much stock in the COMMISSIONS abil-
ity to accomplish any good. The letter
was copy of one addressed by Mr., Grun-
sky to Secretary J. ]. Crawford of the Com
mission, and reads:
have to-day been notified that my attorney
hos xn19 rN,, c. al,
as member of the Examining Commission on
Rivers and Harbors, up to May l, 1890, in the
sum OF ~ ,026 66. / now desire to notify the
Commission, through you, that-believing there
is nothing in the law creating the Commission
which would authorize the Controller to draw
warrants for the necessary expenses of the Com
mission, and knowing, too, that the Commits
sion cannot hope to accomplish anything of
practical utility TO the State without mourning
considerable eXpense-I therefore place the
money just received at the disposal of the Com
mission, without limit as to the extent to which
the same may be used for the purpose indicated.
1t is to be treated as loan from me, without in
terest, and this offer is to be held good until the
report of the Commission has been prepared.
In reference to the matter, private Secre-
tary Boruck wrote the other day as follows
to attorney Robt. T. Devlin
Will you please look into the law immedi-
ately, providing for a River and Harbor CON-
mission, and let me know if it is constitutional?
do not think it is. VIII you look into it
promptly, and let me know the result? Another
thing: Have not the active duties of the Com
mission ceased, and should the members there
of draw $500 per month for absolutely doing
nothings
Deputy Controller Felix Dunn, in con-
versation with a RECORD UNION reporter
yesterday, stated that $500 was due the
Commissioners for thirteen months serv-
ices to May 1st, and could be drawn by
them. He had also been assured by sew
eral prominent lawyers that the Act was
unconstitutional, Notwithstanding the Su-
preme Courts decision. 1t is said that
possibly suit may be commenced to re-
cover the money from the Commissioners.