The record-union., 1898-05-04
MUST PURCHASE A DREDGER
ATTORNEY-G GENERAL BOARD
OF PUBLIC WORKS.
His Opinion Made Public at Last
Supervisors Decline to
Interfere.

visors yesterday morning William Muir
appeared before the board and called
attention to the necessity of building
dredger for the Sacramento River.
lie said he had appeared before the
legislative committee in relation to his
dredger when the dredger bill was un-
der consideration, and had shown that
the river had been filed in seven and
one-third feet since 1871. LeVee build
ing had cost the property owners &c.
$4,000 in order to protect their prop
erty from overflow, on account of the
filling Of the river in that time
He read the figures from the survey
made in 1871 by Commodore Wilkes,
L. 5. N, and those of Major Heuer in
1885, showing that the surface of the
water had been raised at least five feet
He had also presented the matter to
the Auditing Board of this State. The
Government has received from this
State in various ways S37S, 600, ,SS7 SO
in revenue, and had returned to it in
the shape Of public buildings and other
things S11000,0G0 If it had paid in
return 20 cents a cubic yard for dredg-
ing the river, that amount would have
been increased S1000 900.
Chairman Morrison said he did not
has a Public Works Auditing Board.
which has the power to do what it
pleases in the matter, and it has not
asked for bids
Mr.. Muir said that Mr.. Corcoran.
Chairman of the Auditing Board. had
said he would resign sooner than dredge
the river. The Attorney General had
on April 18th given his opinion that
the law was mandatory as to building
the dredger, as a letter (Which he gave
TO Chairman Morrison) would show
Grove L. Johnson, who was present
on other business, said that he had
heard what Mr. Muir had said, and he
wished to say that he considered the
Auditing Board had not done it's duty.
1t should have built a dredger, as the
law intended that it should and for
which the appropriation was made
When in Washington he talked with
Captain Suter, who had charge Of the
Government work here, and also with
General Casey and Others and they
We're all enthusiastic in favor of the
dredger used by the United States.
Chairman Morrison said the board
felt that the dredger should be used.
but there was no use in trying to die
tate to the Board of Public Works.
which has absolute power in the mat
ter.
Mr. Muir said all he asked was a reso-
luton demanding that the Auditing
Board Of Public Works build the dred-
ger and set it at work. 1t was certainly
the business Of the county. whether or
not the river was relieved. He had Of
fered to let the State build a dredger,
and asked no royalty nor other return.
The matter was then dropped, and the
board proceeded to other business.
RESOLUTION DELAYED.
On February 18th a resolution was
adopted by the Auditing Board to the
Commissioner of Public Works request
ing the Attorney General, Fitzgerald. to
give an opinion as to whether or not the
law of the last session Of the Legisla-
ture required that a dredger be con-
structed Cor otherwise obtained) for
the purpose of dredging the rivers.
Somehow the resolution was not for
warded to the Attorney General until
the 10th of last month, or two months
after its adoption. In the meantime tha
Auditing Board decided to proceed with
the work of river Improvement with
out employing a dredger. But the At
torney-General takes the ground that
the law is mandatory in regard to
dredging. Here is what he says:
THE OPINION.
San Francisco, April 10. 1898.
Auditing Board to, Commissioner of
Public Works, Sacramento Cal.-Gen-
tlemen: 1 am in receipt of your favor
of February 18th, which was not trans
mitted to me until the 10th of this
month, and which contains the follow
ing resolution of your board:
Resolved, That the Attorney-Gen-
eral be requested to give this board
an opinion as to whether or not the law
under which this board was appointed
makes it obligatory upon this board to
build or buy a dredger."
The title of the law in question is as
follows:
"An Act providing for the appoint
ment Of an Auditing Board to the Com
missioner of Public Works, authorizing
and directing him and them to perform
certain duties relating to drainage; to
purchase machinery, tools, dredgers and
appliances therefor; to improve and
rectify water channels; to erect works
necessary and incident to said drain
age; to condemn land and property for
the purposes aforesaid, making certain
alton of money for the purposes of this
Act"
Section of this Act provides that:
'There is hereby appropriated out of
any money in the State Treasury not
otherwise appropriated the sum of
$500. 000 to be paid to the said Audit
ing Board and to be expended for the
purposes hereinafter specified. to-wit:
For the purchase, construction and op-
Grafton of one or more dredgers, or ma
chimes, and appliances, to improve and
rectify the river channels of the State
of California. so as to promote drainage
and to protect towns and cities of the
State of California from inundation. as
outlined and described in the said re-
port of Commissioner of Public Works;
to erect, build and construct embank-
ments, and other works, where neces-
sary, for carrying out the purposes of
this Act; to employ persons in and
about said works and TO purchase such
supplies as may be necessary for the
CARRYING on of the same, and for doing
all other work described in said report;
to improve and rectify river channels
SO as to promote drainage"
The report referred to in this section
is that of the Commissioner of Public
Works dated November 16, 1896, which,
together with the accompanying re-
ports and plans of the engineers, is by
Section of the Act, for the purposes
of the Act. adopted and made the basis
of operations; and in the same section
it is provided that "the plans therein
specifed for promoting drainage and