The record-union., 1896-02-04
DEBRIS COMMISSIONER
No Salary For Either Him or His
Secretary.
Attorney-General Fitzgerald Gives His
Opinion on the Subject to
the Controller.

Controller Colgan is in receipt of a
communication from the Attorney Cen
eral in answer to a question from him
regarding the salaries of the Debris
Commissioner and his Secretary and
the protest Of the Anti-Debris Associa-
tion made last September, and referred
to him by the Controller last Novem-
Der.
The Attorney-General says: Il am of
the opinion that the Debris Commits
sioner is entitled to no salary or COM
pensation except when actually en-
ployed in the discharge of his official
duties, and that he has no power to
appoint a Secretary until he shall have
entered upon the actual discharge OF
his duties .
Hequotes Section 3of theAct of March
"a, 1898, specifying the duties of the
Debris Commissioner, and says that by
Section 4 S25O,O00 is appropriated, but
it is provided that mo warrant against
said sum shall be drawn or paid until
the United States Government shall
have appropriated at least an equal
amount to be used in the construction
OF works for the restraining or inn
pounding of mining debris in Califor
MIA; and it is further provided that
said moneys be paid only upon orders
drawn by the Controller upon the writ
ten request of the said Debris Commits
siOner, and be drawn only for the pay
ment of not more than one-half of the
cost of construction of any such works
for the restraining and impounding
mining debris as shall have been ap-
proved by him and duly adopted and
recommended by the engineers of the
United States Government appointed
for that purpose"
Therefore, until the United States
Government has appropriated at least
S250,0 600 for the purposes specified, and
has appointed a Board of Engineers
with the powers enumerated in Section
3 of the Act. there are no duties pre-
scribed for the Debris Commissioner to
perform; and until there are duties for
him to perform, and he actually per-
forms them, he is entitled to no COM
pensation in the Attorney Generals S
opinion, and until he enters upon the
actual discharge of such duties he can
not appoint a Secretary.
He is further of the opinion that it
is the evident intention of the Act to
confer on the State Board of Examiners
the power to determine the question as
to when the Debris Commissioner is
actually employed in the discharge of
his official duties" and that therefore
no compensation can be paid, either to
him or his Secretary, and no expendi
ture of any kind can be made under
the provisions of the Act in question
until approved by the State Board of
Examiners.
He adds that what has been said rem
ders it unnecessary for him at this time
to pass upon the constitutionality of the
Act, and that, as these views are in
conflict with the opinion given to the
Controller by his immediate predecessor
in office, it follows that the question
involved is one that ought properly to
be determined by the courts.
In accordance with his opinion, the
Controller has decided not to draw any
warrants for the salary of either the
Commissioner or his Secretary, and
they will have to resort to the courts
if they want to get it.