The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
TWO CLAIMANTS
FOR AN OFFICE
Appointment by Gage Is
Contested.
MAUDE FINDS A RIVAL
PRICE NAMED FOR HIGHWAY
COMMISSIONER.
Selected for the Place by the Old
Commission Before That Body
Went Out Of Existence
at Midnight.
Special Dispatch to The Call.

SACRAMENTO. May 24.-The terms of
Marsden Manson, w. L. Ashe and ]. r.
Price. Commissioners of the State De-
partment of Highways. expire tonight at
midnight and the administration of the
department will then fall TO one man.
Who that one man shall be is the ques-
ton. Governor Gage last week named
]. L. Maude Commissioners Ashe and
Manson have named their colleague,
r. Price.
The question as to whose authority
the Governors or the majority of the
Commssioners'-is the superior is nice
one. The law of 1897, as set forth. pro-
vides that each of the Highway Commits
sioners shall hold office for the term of
two years from and after the date of his
qualifications that at the expiration of the
last named term two of the three officers
shall thereupon cease and determine, and
the powers and duties specified shall de-
volve upon one Highway Commissioner.
The law also provides that thirty days
prior to the expiration of the terms of
the Highway Commissioners or Cover
nor, by and with the advice and consent
of the Senate, unless it be otherwise pro-
vided by law. shall appoint for term of
four years and every four years thereaf-
ter one civil engineer as Highway Com
missioner, upon whom shall devolVe all OF
the duties and powers which shall be con-
ferred upon the Commissioners first APP
pointed under the provisions OF the act
of 1897
Having in view the provisions of this
law the Commissioners have adopted the
following resolutions:
Resolved That whereas. the law providing
for the appointment OF the present Highway
Commissioners of the Department OF High
ways. approved April l, 1897, contains a pro-
vision 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 expiration of said last-nained
term two of said three Offices shall there,
upon cease and determine and the powers and
duties herein specified shall devolye upon one
Highway Commissioner ana at ieast lhlrty
days prior TO the expiration of the term of
the Highway Commissioners provided for In
the above section, the Governor py ana win
the consent of the Senate, and unless 1t be
otherwise provided by law, shall appoint for
a term of four years, and every four years
thereafter, one civil engineer as Highway Com
missioner who shall have the qualifications
specified in section of this act, and upon
him shall devoIve all of the duties and pow
ers which shalt be conferred upon the com
rnissoners first appointed under the provisions
of this act and who shall receive like com
pensation; and. whereas, the present high
Way 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 oath day Of May. 1893; and whereas, Il
shall determine which particular two OF said
three offices shall determine after said two
Z cation aforesaid on the said Path day of
Resolved. That the two Offices of Highway
Commissioners which do cease and determine
on said Path day of May, 1889 by virtue OF
said act, are the offices now held and
occupied by Marsden 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 deter
mine on said Path day of May, 1899 but is
the office of Highway Commissioner that is to
continue and exist under and by virtue of
the provisions of such act; that such office
is now filled and occupied by said ]. r. Price,
and shall remain filled and occupied until
/ his successor shall be appointed and qualified
in the manner provided by law.
Resolved. That upon said determination of
the said offices now occupied by said Marsden
Manson and W. L. Ashe that said ]. r. Price,
! as Highway Commissioner, is authorized, di-
rected and empowered to take possession of
all the property In the possession and control
OF the present Highway Commissioners and to
hold the same until the appointment and quail
hcaton of his successor as provided by law.
Commissioner Price holds with the 9TH
ers that Maude's appointment should have
been made in time to have been confirmed
by the last session of the Senate. Price,
it is understood, will not make any effort
to hold on, but this remains TO be seen
tomorrow, when Maude will claim the
/ off