The record-union., 1899-05-29


Section 3 provides: The Commits
sioner of Public Works shall have
charge and suparintendence of all WORK
authorized under this Act.
The Commissioner shall determine the
! character and extent of the work TO
be done in accordance with the said
report, and shall have full power TO
carry out and complete the same.
Now. the question arises, how can
the force and effect of this Act be
carried out with the Commissioner
office abolished under the Act approved
February 25th? These two Acts are
in direct conflict, and as all Acts ana
parts of Acts in conflict with the last
Act are repealed, it follows, say some
of the lawyers, that Section OF the
Langford bill is void and without
force.
No one will contend that the Audit
ing Board Act incidentally created an
office. The Act of 80 did that, and its
provisions are in perfect accord and
harmony with the measure last ap-
proved.
In answer to the possible contention
that the Act last approved contem-
plated the final passing and dissolu-
ton of the Commissioners functions,
one has but to examine it's provisions
and there it is found that the Act con-
templated a continuance of the Audit
ing Board indefinitely, for after pro-
viding that two members shall go out
in two years it says: Thereafter all
shall be appointed for four years.
Section II of the Act last approved
says: ''All Acts and parts of Acts in
conflict with this Act are hereby re-
pealed."
Now, an examination of all Acts per-
tanning to this subject discloses the fact
that none of them conflict in any man
ner save and excepting Section of
the Langford bill. This is in direct con-
fiict, and thus conflicting, it is repealed.
There can be no question concerning
the fate of Senate Bill 800. The bill
signed by the Governor and purporting
to be Senate Bill 800, was. as a matter
of fact, never passed by either house.
1t was known as the Cutter bill, and
after amendment passed the Senate late
in the session.
The Bulla amendment repealed every
former Act pertaining to the office of
Commissioner of Public Works, and re-
duced the salary of the Commissioner
to 81 800 per year. When it reached
the Assembly-notwithst the
Senate amendment which repealed all
former Acts of creation-the Assembly
tackled on the words, This Act shall be
construed as a continuation of the Of
flee of Commissioner of Public Works"
That body also amended the bill by
raising the Commissioners salary to
S2.400. The Senate refused to concur
and the Assembly receded. That left
in the bill the Commissioners salary at
81 800, and the continuation clause
omitted. Notwithstanding that, the en-
rolled bill contained both the Assembly
amendments, and in that shape was
signed by the Governor.
While the Supreme Court have held
that they will not go back of the enrolled
strict constitutional exactions-such as
a failure to read a bill three separate
times on three separate days-there can
be no doubt but that it would go to the
Assembly journal for its record, where,
through mistake or design the Enroll
ing Clerk might certify to the Governor
a bill that was never introduced in
either house.
in either house, but the record shows
that both bodies took affirmative action
against its passage
With Senate Bill 800 dead and Section
. of the Langford measure repealed, the
great interests along the San Joaquin
and Sacramento may yet take hope in
the possibilities promised in the recent
achievements of the Auditing Board
the United States Government Engi-
neers and the corps employed by the
present Commissioner. 1t comes par
ticularly unfortunate at this time, as
there are certain contracts half COM
pleted and certain repairs absolutely
necessary to the preservation of the
work already done. Major Heuer of the
Government Engineers and the State
authorities had already outlined some
work which was to be undertaken
jointly by the State and Federal repre-
sentatives.
At no time in the history of California
has such relations existed between these
two departments as now exist. The es-
Inmates have been made. the work for
the summer outlined. the appropria
already made, the money ready. 1t
will indeed be a blow to river improve
rnent should the people not find relief
and a refuge within the Supreme Court
of the State of California
Now that Attorney General Ford has
signified his Willingness to bring the
matter to a speedy and final termina-
ton, it is hoped that a few days will
bring relief to the suspense now felt by
the people residing along the great
waterways of California.
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