The record-union., 1895-09-28
DEBRIS COMMISSIONERS SALARY.
Its Payment Opposed by the Anti
Debris Association.
Correspondence on the Subject Be-
tween the Association and the
State Controller.

finally declared war upon the State
Debris Commissioner and his Secretary,
as will be seen by the following COM
munication the association has filed with
the State Controller:
$40 Hon. Il, p. Colgan, State Controller:
The undersigned hereby protest against
the payment of the salary OF the Debris
Commissioner and his Secretary, as pro-
vided by the Act found IN the statutes OF
1888. page 339, for the following reasons:
'E'irst-Said Act never contemplated
that anv money should be expended by
the Stale OF California for any purpose
whatever until Congress had approprl-
Rted the sum of at least S25O, OO0 for the
construction of works for the restraining
or impounding of mining debris in Cali
fornia. Until Congress acts IN the mat
ter and complies with the condition the
Act is imperative.
Second Section of the Act provides
that the Commissioner shall receive
salary of $500 a month during the time
that he is actually employed in the dis
charge of his official duties. He does not
receive an annual salary by virtue OF his
Office, but receives ID compensation Tor
work and labor performed. When his
services are actually needed, and he is
actually employed by the State, he is
paid $500 month for his services as an
engineer. Therefore, it becomes each
month question whether his services
are needed or whether he has performed
any services during the month. 1t was
not the intention OF the Act to pay him
annual salary, and the Act expressly
provides that be shall receive no salary
whatever. The word salary Is not
used, but tEe word compensation is,
and to avoid any question the Act ex-
pressly provides that the compensation
shall only be paid during the time he is
actually employed in the discharge of
his official duties. He has no official
duties TO perform, and there is nothing
for him 10 do. Congress has appropri-
ated no money for the building OF dams
or the restraining ofdebris. and all that he
is compelled TO do is to look wise and
draw his salary. The same observations
apply to the Secretary, who draws
salary of Sl25 month.
''Third-The Act is unconstitutional
because it contains two appropriations;
that is, 1t contains an appropriation for
the salaries or the Debris Commissioner
and his Secretary and an appropriation
for the building of dams. I hat the Ian
guage used in Section 2. providing that
he shall receive q compensation of $500
month for his services constitutes an ap-
preparation, is decided in the case of
Hum bert VS.. Dunn, 81 Cal, page 81, and
on the authority OF that case the State
Controller up to the beginning of this
fiscal year paid him his salary. Section
I, which provides for an appropriation OF
$50 600 out OF the Treasury, is another
appropriation.
III Is true that this money is not to be
used until Congress makes a like appro-
priauon, but this simply postpones the
lime OF it's payment. Our present apprO-
prlation bill provides that only one
twelfth OF the money shall be used in any
one month and only one-half can be used
III any one year.
h. n 5o;o -
Court of this State of Murray VS.. Colgan,
81 Cal, page 435, which Act is almost
identical in structure with the Act Great
ing the Debris Commissioner, the Act is
unconstitutional.
I'm that Act, as IN this, there was pro-
vision made for the payment OF salary
aud another appropriation for a differ
ent purpose. An inspection of this case
will show that the Act is clearly uncon-
stitutional.
"tourth-Tne Act makes an appropri-
alton OF money for private purpose;
that Is. hydraulic mining is a private bus
mess, and the impounding and restrain
ing OF debris is for the private benefit OF
individuals.
This point was clearly before the Su-
preme Court in People VS.. Parks (5S Cal,
p. GA. ON page 639 the court said:
Beside, the storage of debris is in the
nature private enterprise in which the
low OllJ dAO Al4lC1O O5tSO lie QIdludS6 Ol
State Is public purpose in which the
public may be interested. To promote a
public purpose by tax levy upon the
properly in the State is within the power
OF the Legislature, but the Legislature
has no power to impose taxes for the
benefit of individuals connected with q
private enterprise, even though the pri-
vate enterprise might benefit the local
public in a remote or collateral way.
Legislative power OF taxation is not IL
linitable. II can be used only in aid of
public obJect-an object which Is within
the purpose for which Governments are
established. In the vigorous language of
the Supreme Court of Pennsylvania
'the Legislature has no constitutional
right to levy tax, or to authorize any
municipal corporation to do it, in order
10 raise funds Tor mere private purpose.
No such authority passed to the Assem-
bly, by The general grant of the legislative
power. This would not be legislation.
Taxation Is a mode OF raising revenue for
public purposes. When it is prostituted
TO objects in no way connected with the
public interest or welfare, il ceases to be
taxation and becomes plunder." Sharp
less vs.. Mayer, ETC., q Penn. 1852
1t has also been decided that under
the law of eminent domain mining is a
private use for which the power cannot
be exercised. (Lorens W. Jacobs, IS Cal.
70; Washington c. Il r. Co. VS.. Domin-
guez, 30 Cal. 500; Cummings vs.. Peters, J6
Cal. 593.)
''Fith-The Act is unconstitutional,
because it embraces more than one sub
Ject, and because the object OF the Act is
not expressed in its title. (See on this
point People VS.. Parks, 5S Cal. 6S9.)
''Sixth-We have addressed a letter
OF similar tenor 10 the Governor, Attor-
ney-General. Secretary OF State and State
Controller. W @ desire TO call your atten-
tion to the fact that up 10 the lst of sep
tember there has been drawn in salaries
the sum of SS,340 So. That at the present
time the State Is paying in salaries S425
per month. That the Debris Commits
sioner, under the construction now placed
upon the Act, receives salary of $500 Der
month, which is more than the salary Of
any other State officer, other than the
Governor.
1--WE thing that when this matter is in
vesiigated you Will conclude that this
expense should be stopped. Respectfully
submitted.
state Anti-Debris Association, J.
NJ. Morrison, President; Robert Cosner,
Secretary"
CONTROLLER COLGAN's RESPONSE.
State Controller Colgan yesterday sent
the following reply to the authors of the
communication:
j. u. Morrison, President, and Robert
Cosner, Secretary, state Ant-Debrts AS-
S0ctdtiOH, dcrdHteHt0-GENTLEME l am
IN receipt of your communication protest
ing against the payment OF the salaries of
The DebrisComm and his Secretary
under the Act approved March u, 1898,
tStats. 1888, page 339) and giving your
reasons therefore
In reply / beg TO state that / did not
Draw my warrant in payment of the
salary OF the Debris Commissioner until
several months after his appointment and