The record-union., 1899-12-03
RIVER WORK
MAY GO AHEAD.
Governor Gage Names Commissioner
of Public Works.
Hon. +. D. Ryan Selected to Act in Conjunction
With the Auditing Board-A
Hopeful Prospect.

had incorporated in it's provisions the
portions which the Assembly had
sought to add to the bill-namely, the
raising of the salary of the Commits
sioner from $1,S0O to $500 per annum
and the addition of the continuation
clause, but from which amendments it
had receded. In other words, the bill
signed by the Governor is not the bill
as passed by the Legislature, as shown
/, by the. journals of both the Senate and
Assembly.
Under our present Constitution,
adopted in 1879, there are certain con-
stitutional requirements as to the con-
duct of the respective houses of the
Legislature during the passage of a
bill through those houses. Under this
State of the law the authorities hold
/. that we may look behind the enrolled
bill to the journals of the two houses
in order to ascertain whether such con-
stitutional requirements were complied
with by the respective houses Of the
Legislature Such an examination dis
closes the facts above presented in the
case now before u.s.
Conclusion: It appears, therefore,
that there is now no Office Of Commits
sioner of Public Works, and therefore
no officer holding the same, and that
you would not be authorized in the pay
ment of any further salary with respect
thereto"
On March LIST of the present year the
term of Office of Ed. E. Leake, then
Commissioner of Public Works, ex-
pired. Mr.. Leake believed that under
the law of 1893, as amended in 1897.
he could hold over, and through his
attorney, 'Judson G. Brusie, carried the
matter before the Supreme Court. Mr.
Brusie and Attorney General Ford, be-
fore the writ came on for hearing,
! agreed that the Act of 1899 was void,
and that it would be useless to call it
to the attention of the court. The court,
after due elaboration, decided that the
law under which Commissioner Leake
| was appointed was void after March
l, 1899, and that the Office expired then
unless re-created by a subsequent Act
The Attorney General asserts that the
Act of March u, 1899, is null and void,
and on that opinion Controller Colgan
will refuse to draw a warrant for Mr.
Ryan's salary.
| Many citizens, however, who want to
see the work of improving the river
continued, believe that Mr.. Ryan knows
what he is doing, and that it was for
that reason that Governor Gage APP
pointed him to the position.
! WORK WILL BE DONE.
The Importance of continuing with
| the work on the Sacramento River is
! patent to every citizen of Sacramento
and other river counties. The work
done under the supervision of Commits
4 sioner Leake was of the utmost i'm
portance, not only to commerce but to
landowners along the stream, for the
Elkhorn easement, while combining the
water to the bed of the river except in
time of excessive floods, thereby in
creasing the securing capacity of the
! current, assisted in retaining thou
sands Of acres of overfiowed lands in
Yolo County, and also acted as a pro-
lection to the levees by easing the
! water into the Yolo basin after the
24-foot mark was reached. Repairs
/ are necessary on the upper bulkhead
of the Elkhorn easement, and unless
they are made there is danger that
in case of flood waters the entire struc-
| ture, one of the finest of the kind in
the world, may be seriously damaged.
For these reasons the people of Sac
ramento will be glad to learn that the
Governor has appointed a Commits
| sioner whose energy will be directed
to the betterment of the river, and in
cidentally that Of the country contigu-
| Gus.
Mr. Ryan was seen by Record
I Union" reporter and in reply to ques-
tiens asked said he had accepted the
| appointment on the request of Gov
ernor Gage and the Board of Directors
Of the Sacramento Chamber of Com
merce, because, in common with every
citizen of Sacramento, he was anxious
TO see the work of river Improvement
| go on. .,
The Governor said Mr.. Ryan, "evi-
IDENTIFY believed that the law is all
right. or he would not have made the
| appointment. know that he has had
the matter under consideration for
| several months, and that he is anxious
to see the work of improving the river
| go on.
1T seems to me that Controller Col
gan and Attorney-G General Ford may
| be hasty in the matter. AS a matter
| OF fact the Legislature made an ap-
preparation to pay the salary of the
Commissioner of Public Works. and
| the Governor in appointing me must
| first have satisfied himself that it was
! the intent of the Legislature to create
| or re-create the office.
I know it is held that the bill sign
ed by the Governor was not the one
| passed by the Legislature, but I do
not believe that an error of an enroll
ing Clerk can invalidate an Act of the
Legislature, when everything indicates
| the intent of that body to enact a mar
ticular lazy.
Aside from all that, it is necessary
that the work of improving the river
| should go on, and it is also necessary
that repairs be made on the big ease
ment at Elkhorn. In case of a flood it
| is possible that the waters would cut
around above the head Of the northern