The record-union., 1899-06-04
.LEAkE WILL GO TO COURT
WILL MANDAMUS THE STATE
CONTROLLER.
He Wants to Know Whether or
Not He is Commissioners Of
Public Works.

Ed. E. I.eake, by his attorney, Judson
c. Brusie Of this city, will on Tuesday
next petition the Supreme Court for a
writ of mandate to compel Controller
Colgan to draw his warrant for his sal
airy as Commissioner of Public Works.
This proceeding will definitely settle
the vexatious question as to whether
or not California still has a Commits
sioner of Public Works, and as to
whether the work of river Improvement
is to continue or lie idle for at least
two years.
While there still remains in the treas
ury $1S5,000 to be used for the i'm
provement of the rivers of the State,
and while the Auditing Board to the
Commissioner Of Public Works is anx-
ious to see the work go on, it finds-ac-
cording to the recent opinion of At
torney General Ford, given on request
of State Controller Colgan-itself with
out a Commissioner. The Commissioner
OF Public Works is the executive Off
| Ger of the board, and according to the
law he must supervise all work au-
thorized by the Auditing Board.
The muddle into which the affairs of
the Public Works Department has
fallen was fully explained in the Rec
ord-Union,' and in the issue of Mon
day, May Doth, a concise statement of
the situation was given in full. In that
statement it was shown that the two
sections of the Act providing for the ap-
| pointment of a Commissioner of Public
| Works We're apparently in conflict and
! that the entire Act just referred To
seems to be in conflict with the Act
providing for the appointment OF an
Auditing Board to the Commissioner of
Public Works.
The opinion recently furnished Con-
troller Colgan by Attorney General
/ Ford was to the effect that on March
1st of the present year Ed. E. Leake's
J term of office as Commissioner of Pub
| lie Works expired. The opinion has
met with considerable adverse criticism
and there seems to be a doubt among
those best informed as to it's correct
ness. Even in the mind of Attorney
General Ford there seems to linger a
doubt, he having been reported as say
ing that he would examine into the
matter further.
] Commissioner Leake was one of those
who believed that the courts would not
|
construction of the law, and he would
quite likely have taken action in the
matter when Controller Colgan first de-
clined to draw his warrant for his sal
airy as Commissioner, had not the lat
ter referred the whole matter to the
Attorney General for an opinion.
The opinion received by the Con-
troller and published in full in the Rec
or Union,' settled the case so far as
the Controller was concerned. 1t ad-
vised him that on March 1st last the
Office of Commissioner of Public Works
ceased to exist, and he accordingly re-
fused to draw his warrant for the bill
lsent in by Commissioner Leake.
| Attorney Brusie, who has the matter
in hand, yesterday called on Controller
IColgan, notified him that mandamus
proceedings were to be brought to COM
pei him to recognize Leake's demand
and pay his salary. 1t was business
meeting throughout, and Attorney
Brusie and Controller Colgan, with the
advice of States attorney, had no
trouble in agreeing as to the facts, so
that the case will be submitted on the
points of law involved alone.
| 1t was also agreed that the petition
| for writ of mandate should be made
direct to the Supreme Court, in order to
avert the tedious delay which would
| follow hearing in and appeal from the
| Superior Court.
I The petition for the writ will, if pos
sible, be presented on Tuesday next,
| and the whole matter promises to be
settled once and for all within the next
| few weeks.