The record-union., 1899-05-29
PUBLIC WORKS COMMISSION
ITS USEFULNESS MAY NOT BE
DESTROYED.
Attorney General May See His way
Clear to Change His
Opinion.

The opinion of Attorney Genera
Ford, wherein he holds the once oi
Commissioner of Public Works to nave
been abolished under what is known as
the Langford Act of 1897, has caused
greater CONSERVATION and dlsappoint-
ment among the people of the san
JOAQUIN and Sacramento Valleys than
any incident Of recent date.
No time could have been more un-
propitious than the present for such a
construction of the law No period IN
the history of river Improvement IN
California promised greater and more
everlasting returns than the present,
and no greater calamity could befall
river interests than that which must
follow. provided the opinion Of the AT
torney General is sustained by the Su-
preme Court
There is, fortunately, very grave
doubt attending the conclusions IN ms
opinion to Controller Colgan, ana Cen
eral Ford himself is frank enough 10
admit it. In a conversation in san
Francisco last Friday the Attorney
General is reported as having SAID:
There are certainly some very close
questions involved in the matter OF the
present status of the Department OF
Public Works While my opinion to
the Controller advises him TO Wlthnoid
the present Commissioner salary, you
must understand that as Attorney Cell
eral | am bound to guard In every
possible manner the responsibility OF
those who are the custodians OF the
public funds Every doubt as to the
duty of the Controller in drawing war
rants should be given to his protecuon
and safety, and to the interests OF the
taxpayer
"As | am simply the legal adviser OF
the whole State, knowing no section or
particular interest, my advice naturally
tends to the very safest ground Inc
courts of the land alone can give 10
any law it's final construction and IN
depreciation, and where there is the
least doubt 1 prefer to have the court
pass on all statutory enactments SIM
liar to the ones in question.
There seems to- be a very grave doubt,
indeed concerning the labyrinth OF
legal difficulties surrounding the office
of Commissioner of Public Works. A
careful examination into the matter
discloses the following state of affairs:
The Act approved March 4, 1873,
provides for a Commissioner of Public
Works. who shall hold office until
March 1. 1895. His successor shall be
appointed for a period of four years,
land all subsequent appointments shall
be for the term of four years.
What is known as the Langford Act,
approved February %, 1891, attempts
to repeal the Act of 1888, although the
title of the bill contains no clause to
that effect Section 24 of Article N.
of the Constitution provides:
Every Act shall embrace but one
subject, which shall be expressed in its
title. and such Act shall be void only
as to so much thereof as shall not be
expressed in its title"
Now. the Langford Act expresses in
its title but one subject. and that is,
ITO amend an Act creating a Com
missioner of Public Works"
1t is held by some lawyers that that
portion Of the Act found in Sec
tion =. which terminates the office in
March, 1899. is null and void, for the
reasons above expressed-that 80
much thereof has not been expressed
in the title and so much thereof is
null and void
That portion of the Act which is ex-
pressed in the title, and which must
stand. provides as follows:
'All subsequent appointments shall
be for the term of four years"
1t also provides that the salary
of the Commissioner shall be $1,000
per annum, instead of $1,000, as form
erly
If the Constitution means anything
in provisions of Section "A, Article ",
it is claimed that it surely applies to
Section of the Langford Act, as the
title gives no expression on the subject
of repeating the entire Act of 1893.
While there is a unaninimty of opin-
ion among the legal fraternity inter-
viewed by a representative of the Rec
ord Union" which holds the Langford
terminating clause to be void. there is
another contention, the upholding OF
which will avoid the impending ca
lamity.
Subsequent to the passage of the
Langford Act the Governor approved
on March II, 1897, the measure known
as the "dredger bill" 1t provided for
an Auditing Board to the Commits
sioner of Public Works. It's title gives
expression to that effect, and through
out the entire measure the office of
Commissioner of Public Works con-
stitutes the foundation on which the
Act rests.
BY this Act the report of the Com
missioner is made the basis of their
operations.