The record-union., 1895-08-02
AN APPROPRIATION BUT NO OFFICE.
Controller Colgan Disputes the Legal
ity of Two Appointments.
They Were Made by the State Board
of Examiners, and Both Are
of Experts.


Thomas A. Lewis, Expert of the State
Board OF Examiners. and Fred A. Sew
cry, Printing Expert, with all the fury of
alBannack warrior.
The Controller has written two letters
to Attorney General w. f. Fitzgerald,
requesting that official to furnish him
with opinions as TO the legality of Lewis
and Severy's appointments. Mr.. Colgan
is of the opinion that there is no law au-
thorizing the appointments and gives his
reasons therefor in the following letters:
THE OFFICE NOT CREATED.
SACRAMENTO. July 26, 1895.
Hon. ". Il. Fitzgerald. Attorney- CEN
eT0L, San f3'0aciSc0-DEAR SIR: The
Board of Examiners have approved
claim for S54 10 in favor of Thomas a.
Lewis as ex pert to said board for travel
ing expenses from July 7th to 10Th, in
elusive.
l am not aware of any statute creating
the office of Expert TO the Board of EX-
amlners, nor OF any law authorizing the
appointment or employment of such an
officer, aud if his appointment is not
warranted by law | fail to gee wherein or
whereby the payment Of his travelling
expenses is warranted. | am aware that
IN the General Appropriation Act of 1898
Statutes 1888, page 2Sl) provision is made
for the salary of an Expert TO the Board
OF Examiners and tor his travelling ex-
penses. but L am also aware, and the
records OF the last Legislature will show,
that the bill creating the office of expert,
authorizing his employment and fixing
his salary, Jailed OF passage.
The Items mentioned above were in
serted in the General Appropriation Act
III anticipation of the creation of the
office, but from the later action of the
Legislature it was the evident intention
that the office should not be created.
The question arises in my mind, does
the simple fact Of an appropriation in the
General Appropriation Act carry with it
the creation OF au office, the authority to
appoint such officer, and warrant the ex-
penditure of the money without other
authority of law?
VIII you kindly give me your opinion
in this matter, and oblige. Very truly
yours. Il. Z. COLGAN, Controller.
AS TO THE PRINTING EXPERT.
SACRAMENTO, July q, 1895.
Hon. ". +. Fitzgerald, Att0rNey- GEM
er0L, san Fr0nciScO-DEAR SIR: L am in
receipt of notice from the Secretary of the
Board of Examiners that on the 18th
inst. the board appointed Fred y. Severy
Printing Expert, under Section $40, Po-
litical code.
am OF the opinion that this office has
been abolished, and the section referred
to repealed, il not in terms at least ia
effect.
The Office Of State Printer was first
created by an Act approved January s,
1880. Statutes 1880, page 45.) This Act
was repealed in 1882. Statutes 1892. page
113.) The office was again created by an
Act approved May l, 1854. Statutes 1854.
page 3d. This Act provided for the pay
ment of the State Printer by 'piece
work." and fixed the rates at which the
WORK was to be paid for Section ~, and
it was the duty Of the Printing Expert to
examine into the work done and the
claim presented by the State Printer.
On March Is 1872 Statutes IS7l-72, page
j54), an Act was approved abolishing the
office of State Printer and establishing
the State Printing Office and creating
the office of superintendent of State
Printing. This Act went into effect on
the first Monday in July. 1870. and since
that time the superintendent of State
Printing has had entire charge and
supervision of State printing.
With the retirement Of the State
Printer and the old system of piece work,
the duties of the Printing Expert ceased
and his services were no longer required,
and it is quite clear to my mind that the
Act above referred to practically disposed
of this officer, if ii did not in terms re-
peal the section of the code providing for
his appointment.
No appropriation has been made for
the salary of this officer since March so,
1874 Statutes 1874, page 900, nor can l
find that since the Act of March 70, 1872,
went into effect has any appointment to
the office been made.
Will you kindly give me your views in
writing on this subject, and oblige, yours
truly, l.. Z. COLGAN, Controller.