The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-25
ONE STATE OFFICE
NO LONGER EXISTS
PUBLIC WORKS COMMISSIONER
A JOB OF THE PAST.

According to an opinion rendered yes
terday by Attorney General TREY L.
Ford, the office of Commissioner of Public
Works no longer exists nor has it since
March / of this year Inquiry was made
upon this subject by State Controller e.
p. Colgan who was DESTROYS of knowing
If he would be justified in authorizing the
payment of the salary of the officer in
question.
Mr.. Ford's reply is of considerable length,
as he carefully reviews all of the legisla-
tive acts bearing upon the office, which
was originally created in March, 1898, for
a period of four years only" 1t, however
provided that the first person appointed
hereunder should hold for two years
from March l, 1898, and all subsequent
appointments should be for four years.
In 1897 the act of 1893 was amended, elm
mating the limitation. This act also pro-
Vided that the office should terminate on
March l. 1899 and that no money should
be provided for carrying on the work of
the Commissioner thereafter, and Mr..
Ford states:
On March %. 1899. Senate bill No 800 was
signed by the Governor This act, creating
the office of Commissioner Of Public Works.
provides that the term of office shall be four
years and section thereof repeats the act
of 1898 and 1897 and all acts in conflict there
with and provides further, that this act shall
be a continuation and renewal Of the Office
Of Commissioner Of Public Works. The sub
ject matter of section of the act of 1899 is
not specifically mentioned in the title. The
enrolled bill of 1899 signed by the Gov
ernor fixes the salary of the Commissioner OF
Public Works at $500 per annum and adds 10
section thereof the following clause: This
act shall be construed as a renewal and con
tinuation of the office of Commissioner of
Public Works" The bill as passed by the
Legislature provided for salary of $500 per
annum TO the Commissioner and the above
clause in re-contnuation Of the office, etc,
was not contained therein.
Mr.. Ford continues: II am of the opin-
ion that by the terms of the act of Feb
ruary %, 1897, the office of the Commits
sioner of Public Works terminated on the
LIST day of March, 1899, and thereafter
ceased to exist" And further: THAT the
act of March q, 1899, as signed by the
Governor is not the act as passed by the
Legislature, as appears upon the face OF
the journals of both houses of the Legis-
lature, and that the same is therefore
null and void
He says in conclusion:
The bill as signed by the Governor had
Incorporated in It's provisions the portions
which the Assembly had sought to add to the
bill, namely, the raising of the salary of the
Commissioner from $500 to $500 per annum
and the addition OF the continuation clause,
but from which amendments it had receded.
ernor is not the bill as passed by the Legis-
lature shown by the journals of both the
Senate and Assembly It appears,
therefore, that there is now no office of Com
missioner of Public Works, and therefore, no
officer holding the same, and that you would
not be authorized in the payment OF any fur
Their salary with respect thereto.