The record-union., 1899-05-26
THERE IS NO SUCH OFFICE
AS COMMISSIONER OF PUBLIC
WORKS NOW.
Opinion of Attorney General Ford
& In Answer to Controller
Colgan's Question.

controller Colgan yesterday received
the opinion prepared by Attorney Cen
elal Ford to the effect that there IS
now no Office of Commissioner of PUP
lie Works, and therefore no officer hold
ing the same
The opinion is Of great interest not
only to the people of the Sacramento
and San Joaquin River valleys, but TO
all sections of the State, inasmuch as
1t was expected that the $1S0O00 now
IN the State Treasury for the purpose
or river improvement would be dis
tr1buted among the streams of the
State wherever in the opinion of the
Auditing Board to the Commissioner
of Public Works it would do the most
good
As the matter now stands the Audit
ing Board, according to the opinions
expressed in the Controllers office, can
do no more than finish the contracts
already begun (twc cut-offs in the San
Joaquin River) and possibly pay the
contractors; but there it must stop.
Under the statute of 1897, the Com
missioner of Public Works is executive
officer of the board, and all proposed
work must be done under his direc-
tion.
So if the opinion stands (and the gen.
eral belief is that it will do so) work
on the streams of the State is at a
standstill and will be for the. next two
years. Everybody interested agrees
that such a condition of affairs exists,
because of the carelessness or incom-
petence of the Assembly Enrolling.
Clerk, who sent to the Governor a BILL
which the latter signed which had
never been passed by the Legislature.
According to Controller ,Colgan, the
money now in the State Treasury for
river improvement cannot lapse to the
general fund, and that it will be avail
able for the purpose two years hence
unless the Legislature repea1s the Act
OF 1S9i-the one now in force.
Controller Colgan's letter to Attorney
General Ford presents the matter fully
and briefly. 1t was as follows:
Hon. TREY L. Ford, Attorney General
Dear Sir: There is so much uncertain
ty regarding the office of the Commits
sioner of Public Works that 1 wish to
secure your opinion before paying any
further salary to the present incumbent,
hon. Il. H. Leake.
The original Act creating the office
was approved March 24, 1893 (Stats.
1893, page 34O. Under this Act Gov
ernor Markham, on July 81, 1898, ap-
pointed A. H. Rose Commissioner for a.
period of two years.
On April 22, 1895, Governor Budd
appointed E. E. Leake to succeed Rose
for ,erm of four years. Mr. Leake
assumed the duties of the office imme-
diatey, and is still serving. On Feb
ruary %, 1897 (Stats. 1897, page 26), an
Act was approved amending Section /
of the Act of 1893 Section . of this
Act provides that the office of Commits
sioner shall cease and terminate on
March l, 1899. This portion of the Act
/ think is void, as it is not expressed in
the title. and therefore can have no
effect on the term of office as pre-
scribed in Section | of the Act as
amended
Mr.. Leake was again appointed by
Governor Budd on December 81, 1898,
for term of four years, for what rea-
son does not appear, as his first term
of four years had not yet expired
On March p, 1899, the Governor ap-
proved an Act (Chapter CXXvI, Laws
of 1890 creating a Commissioner of
Public Works. defining his duties and
powers and fixing his compensation"
This Act, in Section 8, purports to
repeal the Act of March "a, 1893. and
the amendment to said Act of February
%, 1897, and all conflicting Acts. This
provision, however, is not covered by
the title. 1 also desire to call your at
cr1ff 10 rr-I,o l.
in this Act of March 81, 1899. The
enrolled bill, as signed by the Governor,
fixes the salary at $500 per annum,
and adds to Section 3 the following
clause: This Act shall be construed as
renewal and continuation of the office
of Commissioner of Public Works -
The bill, as it passed the Legislature,
provided for a salary of 81 800 per an
mum and the above clause is eliminated
tSee Assembly Journal, March 7th.
page u; March 10th, page "a. and Sen
ate Journal, March 10th, page II and
March 18th, page 81
The enrolled bill, as signed by the
Governor is incorrect; but whether this
affects matters is questionable. I also
call to your attention an Act providing
for the appointment of an Auditing
Board ETC., approved March II. 1897.
(stats. 1897, page 171)
VIII you kindly give this matter your
earliest attention and advise me as to
your conclusions. Very truly yours.
E. P. COLGAN, Controller.
Attorney General Ford's opinion.
which will be read with interest by all
desirous of river improvement, is in
fun as follows:
Attorney Generals Office, State of
California. San Francisco, May "a,
1893
Hon. E. P. Colgan, State Controller.
Sacramento, Cal.-Dear Sir: In your
communication of April s. 1899. you
refer TO the uncertainty regarding the
office of Commissioner OF Public Works.
and request from this office an opinion
with reference thereto before paying
any further salary to the present in
cumbent of the office
You refer to the several statutes re-