The San Francisco call., 1899-08-17
GAGE FINDS He
PERPETRATED A
HUGE BLUNDER
Let Contracts for a
State Mansion.
HE IGNORED COMMISSIONERS
is NOW LIABLE PERSONALLY
FOR BIG DAMAGES.
Paid No Attention to Laws Which
Require Advertisements for
Public Build
ings.
IS NOW LIABLE PERSONALLY
FOR BIG DAMAGES.

Governor Gage has. aphorically, put
his foot in it, and he is likely TO have
to pay several thousand dollars of his
own money to get his pedal extremity out.
The trouble came about through the Gov
ernor's mistaken notion that the last Leg
islature appropriated $4,000 for the erec-
ton of a mansion at Sacramento for the
SOLE exclusive and private use of Mr..
Gage AS a fact, the money was appro-
priated for the construction of a residence
for the use of future Governors, as we'll
as the present executive. The act provid-
ing for this gave the power to construct
to the State Capitol Commission. COM
posed of the Governor, the Attorney Cen
eral and the Secretary of State. From
all accounts neither advice nor sugges-
tions from the two latter officials were
sought by the Governor.
Several weeks ago Attorney General
TREY L. Ford was taking much needed
vacation and Secretary of State Curry
was in this city. During their absence, so
it is said Governor Gage concluded that
he would go ahead with the work or
erecting a residence for himself at the
States expense. Plans and specifications
were prepared and accepted, TO Cages
satisfaction Contracts for lumber: stone
ornamental work and all kinds of mate
rials were let, also to Cages satisfaction,
and there seemed to be little doubt but
that the bills would be paid. In the
were either ignorant of what the eXecu-
tive was doing or else their opinions were
given but little weight 1t is customary
on all such big contracts for the contract
ors to get first payment as soon as the
material is on the way or some OF the
Here is where the first obstacle was
encountered for II is said that Controller
Colgan refused 10 draw his warrant for
the money on the ground that the letting
of the contracts did not seem to him TO
was that Gage had to call upon his
brother Commissioner, Attorney General
Ford for the advice which should have
been asked in the first place. Hon. w. J:
Foley private secretary to his honor,
wrote an inquiry as TO where the Gov
ernor was at" on the big contracts al
ready let. Mr.. Ford gave the matter into
the hands of Deputy Attorney General
William NJ Abbott, whose opinion was
rendered recently, and to which Mr.. Ford
subscribed: Il Will add that l have per-
entire accord with the conclusions reached
by Mr. Abbott" The latter finds the
following points of law upon the case:
In 1872 IAN act TO regulate the erection
of public buildings and structures was
passed. and section 1 provides that when
by any statute of this State power is
given to any State or county officer or
Boards of Supervisors, or Trustees, or
Commissions etc, Ito erect or cause to
be erected or constructed any State or
other building or structure, 1t shall be the
advertise for plans and specifications in
detail for said building or other structure
and to state in said advertisement the
amount authorized by law or otherwise
to be expended for the erection of said
building or structure; and also the pre-
MUM to be awarded TO the architect
whose plans and specifications for the
same may be adopted
Several amendments were made to the
original law. but the main points for the
method of procedure were strengthened.
Z Il -c
are read together they provide a com
pete scheme for the manner and mode
of the erection of buildings by the State
and minutely describe and lay down the
mode of procedure from the advertising
for plans to the completion of the build
ing. Mr.. Abbott in his opinion says:
The act is general in its terms and applies
TO all buildings erected by the State where
the contract price exceeds the amount men
toned in the statute $4,000. Unless there is
a saving clause in the act OF 1899 providing for
the erection and construction of a residence
for the Governor this act would apply and
the manner and mode Of proceeding therein
faid down should be followed.
From a careful examination OF the act of 1899
l find no provision which would seem TO ex-
empt the State Capitol Commission from the
general building act of the State in the con-
struction of the Governors residence.
Thus the Governors stubbornness has
thrown him up against the real thing" ="
and for several days he has been jumping
around lively to have Cancelled the con-
tracts he entered into. OF course, these
contracts are not worth the paper they
are written on, and here comes the awk-
ward part of the business. Governor
Gage cannot pass the buck" and make
the State pay the damages that are sure
to accrue, and the contractors, who have
no doubt gone to great expense and trouble
to get things started and material on the
way to Sacramento, are very sure to come
down upon the members of the commits
sion for stiff damages. AS two of the
latter were not parties to the letting of
the contracts it is not likely that they
| will stand for any of the mischief that
Governor Gage has made.