The record-union., 1899-07-22
The Office Declared to Be No
Longer in Existence.
The Supreme Court Renders a Decision
Against {. {. Leake.
Sustains the Contention Of Con-
tro11er Co1gan That the Oface
Was Created for Four Years
Only, and That the Commits
sioner Could Draw q Salary for
No Longer Term.

SAN FRANCISCO, July 21.-The Su-
premes Court to-day upheld the conten-
tion of Controller Colgan that the Office
of Commissioner of Public Works is no
longer in existence. and refused to
order a writ Of mandate to compel the
Controller to pay Ed E. Leake his
claim for back salary.
The Office was created by an Act of
the Legislature in 1898 and Mr.. Leake
was appointed to the Office. At the
end of four years Controller Colgan
held that the office had expired and
refused to issue warrants for salary
after that time Mr.. Leake brought
suit to compel payment.
The Supreme Court sustained the
Controller, holding the Office had been
created only for four years and that
Mr.. Leake could not draw salary for a
longer period.
In denying the petition the court
said:
I'm 1893 the Legislature created the
Office of Commissioner of Public
Works, defining it's duties and powers
and fixing the salary, and made an ap-
preparation to carry the purposes Of the
Act into effect. In 1897 the Legisla-
ture passed an Act entitled An Act to
amend an Act to create a Commits
sioner of Public Works, defining his
duties and powers, prescribing his COM
pensation and making appropriation,
approved March "a, 1893, relating to
the office of Commissioner of Public
Works Section 2 of this Act is as
follows:
Of nd Act a
Commissioner of Public Works, defin.
ing his duties and powers, prescribing
his compensation, approved March 24,
1893, relating to the Office OF Commits
sioner of Public Works. of which this
Act is amendatory, shall cease, termi-
nate and be at an end on the first day
of March, 1899, and the office of Com
missioner created hereunder and under
said Act approved March "a, 1888, and
all officers and employees appointed by
said Commissioner shall cease and their
employment thereafter shall be discon-
tinued and the State of California shall
in no manner whatever be liable for
the compensation of the Commissioner
or employees employed by him or by said
commission after said date
LAS to the meaning of this language.
there is not the least uncertainty. 1t
is contended, however. that the subject
matter of this section is not embraced
within the title of the Act and that it
is therefore void under article 4, sec
ton 27, of the Constitution, which de-
clares that an Act shall embrace but
one subject which subject shall be ex-
pressed in it's title and that it shall be
voids as to matters not so expressed.
But the fixing of the term or tenure
of office under an act such as this or
the abolition of the Office are all mat
ters embraced within or germane to the
subject of the original act, and they
may find an expression in an amenda-
tory act without specific mention OF
them in the title of such amendatOry
act. Such is the well settled rule based
upon very obvious considerations. Ref
erence need only be made to Cooley's
constitutional limitations. sixth edition,
page ia, paragraph 3; and Sutherland
on Statutory Construction, section 81,
ct seq.
1T is further argued that an act
passed by the same Legislature at
date later than the one under consid-
Grafton shows definite purpose to con-
tinue the office beyond the time ex
pressed in the act for it's determination
(Statutes of 1897, page 17D. BY this
last mentioned act an auditing board
for the Commissioner of Public Works
is created; but the amendatory act con-
tinued the office in existence for about
two years and there is nothing in the
latter act for the conclusion that the
Legislature meant to do other than to
regulate the affairs of the office during
the remaining period of it's existence.
1.-The application is denied"
When the bill creating Board of
Public Works and providing for the ap-
pointment of an executive officer to be
known as State Commissioner of Public
Works was first introduced in the Leg
islature it read that the term of offics
was to be four year., A disaffection
sprang up between those before and
behind the measure and in a COMMITTEES
shuttle it's language was amended to
read two years instead of four.
The bill on final passage carried with
it an appropriation of $780, 900 for river
improvements. One-third of this fund
has been used during the past two
years in carrying out the work for
which it was set aside. but what is to
become of the remainder is a question.
Some hold that the decision of the Su-
preme Court makes it incumbent on the
Controller to order it paid into the
general fund, while on the other hand
it is claimed that although there may
be no Commissioner the commission
continues in Office and may proceed
with the work it has taken up and dis
burse the fund in it's prosecution.
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