The record-union., 1899-05-25
The HIGHWAY COMMISSION.
J. r. PRICE CLAIMS TO BE A
HOLD-OVER.
The Old Board Raises a Question
as to the Legality of Maude's
Appointment.

The terms of Highway Commission
ers Marsden Manson, w. l.. Ashe ana
j. R. Price expired last night at mid
night, and yesterday morning they heid
their last meeting
There seems to be liability OF
clash, owing to action taken by the
Commissioners and the status OF the
law of 1897, Governor Gage having ap-
pointed j. l.. Maude as Highway COM
missioner The law of 1897 PROVIDES
that each of the Commissioners shall
hold office for two years, and at the
expiration of that time the terms OIL
two of them shall cease, and the pow
ers and duties specified shall devolVe
upon one Highway Commissioner. Un-
der this provision Messrs. Manson ana
Ashe designated Price to hold over,
they retiring from Office.
Another provision of the law is that
at least thirty days prior to the eX-
piration of the terms of the Highway
Commissioners the Governor, by and
with the advice and consent of the
Senate, unless it be otherwise provided
by law, shall appoint for term or
four years, and every four years there
after one civil engineer as Highway
Commissioner, upon whom shall de-
volve all of the duties and powers
which shall be conferred upon the
Commissioners first appointed under
the provisions of the Act of 1897.
The Commissioners adopted the fol-
lowing resolutions:
Resolved, That whereas, the law
providing fer the appointment of the
present Highway Commissioners of the
Department of Highways, approved
April l, 1897, contains a provision that
each of the Highway Commissioners
shall hold office for the term of two
years from and after the date of his
qualification, and that at the expira-
ton of said last named term, two of
said three offices. shall thereupon cease
and determine and the powers and
duties herein specified shall devolve up
on one Highway Commissioner, and at
least thirty days prior to the expira
ton of the term of the Highway Com
missioners provided for in the above
section, the Governor, by and with the
consent of the Senate, and unless it be
otherwise provided by law, shall ap-
point, for term of four years, and
every four years thereafter, one civil
engineer as Highway Commissioner,
who shall have the qualifications speci-
fed in Section of this Act, and upon
him shall devolve all of the duties and
powers which shall be conferred upon
the Commissioners first appointed un-
der the provisions of this Act, and who
shall receive like compensation. And
Whereas. The present Highway
Commissioners qualified upon the 25th
day of May, 1897, and their terms of
office under such Act will have lasted
for two years upon the 24th day of
May, 1899; and
Whereas. 1t is necessary and ex-
pedient that this board shall determine
which particular two of said three Of
fees shall determine after said two
years shall have elapsed from such
qualification as aforesaid ON the said
24th day of May, 1899
Resolved, That the two offices of
Highway Commissioner which do cease
and determine on said 24th day of May,
1899, by virtue of said Act, are the two
offices now held and occupied by Mars
den Manson and w. l. Ashe; and that
the office of Highway Commissioner
now held by ]. r. Price is the one of
said three offices which does not cease
and determine on said 9th day of
May. 1899, but is the office of Highway
Commissioner that is to continue and
exist under and by virtue OF the pro-
visions of such Act; that such office is
now filled and occupied by said J. r.
Price, and shall remain so filled and
occupied until his successor shall be
appointed and qualified in the manner
provided by law
Resolved, That upon said ter1nina-
ton of the said offices now occupied by
said Marsden Manson and w L. Ashe
that said j. r. Price, as Highway Com
missioner. is authorized, directed and
empowered to take possession of all
the property in the possession and con-
troll of the present Highway Commits
sioners and to hold same until the ap-
pointment and qualification of his sue
cessor as provided by law"
Commissioner Price believes that un-
der the provision of the law Maude
Should have been appointed, subject to
confirmation by the late Senate, but
whether or not he will decline to turn
over the office when it is, demanded by
Mr. Maude is not known.
A SAN JUAN HERO.