The record-union., 1899-12-03

y
Hon. Frank D. Ryan of this city to be
Commissioner of Public Works. Since
the 1st of March last the office of Com
missioner of Public Works has been
vacant, and there are many persons
who believe that, owing to the muddle
In which the last Legislature left the
laws respecting the position, it had
lapsed.
The Governors action in appointing
Mr.. Ryan to the position indicates that
the Supreme Court will be called on to
pass on the question. Some persons
seem confident that the appointment
will hold and that a portion, at least,
of the $1S0,0C0 now in the State Treas
ury for the Improvement of the Sacra-
mento and San Joaquin Rivers will be
expended to the best possible advant-
age.
In the settlement of the questions
as to whether or not there is an office
Of Commissioner of Public Works in
this State which may be filled by an
appointee of the Governor, Controller
Colgan will play prominent part re-
CARELESS of how he may feel person
ally. 10
In reply to a question by a Record
Union reporter yesterday, Controller
iColgan said:
Il shall follow my instructions from
Attorney-General Ford, the law officer
of the State, and shall refuse to draw
a warrant for Mr.. Ryan's salary. You
understand, 1 have no personal feeling
in the matter, but the appointment OF
Mr.. Ryan has been made under the
Act of March p, 1899, and I have In
my possession an opinion from Attor-
ney-GeneraI Ford to the effect that it
is wholly void
The Controller produced the CORE
spondence between, himself and the
Attorney General, showing that on
April 5, 1899, he believing the Act of
the Legislature providing for the APP
pointment of a Commissioner of Public
Works to be null and void, addressed
a letter to Attorney General Ford, re-
questing an opinion. In the course OF
his inquiry, the Controller wrote:
ION March 81, 1899, the Governor
approved an Act Chapter CXXVI.,
laws of 1890 creating a Commissioner
of Public Works, defining his duties
and powers and fixing his compensa-
ton.
This Act, in section 8. purports to
repeal the Act of March "a. 1898, and
the amendment of said Act of Febru-
airy %, 1897, and all conflicting Acts.
This provision, however, is not cover
ed by the title. / also desire to call
your attention to what may be another
defect in this Act of March Dist, 1899.
The enrolled BILL as signed by the Gov
ernor, fixes the salary at $500 per
annum, and adds to section the fol-
Rowing clause: This Act shall be con-
strued as a renewal and continuation
of the office of Commissioner of Public
Works The bill, as it passed the
Legislature, provided for a salary of
$500 per annum, and the above clause
is eliminated. (See Assembly Journal
March 7th, page u. March 10Th, page
2f, and Senate Journal, March 10Th,
page II, and March 18th, page 81
THE enrolled bill, as signed by the
Governor, is incorrect, 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 18th,
1897 Statutes 1897, .p171)"
& Attorney General Ford. on May "A,
1899, furnished Controller Colgan with
an exhaustive opinion covering the en-
tire subject matter. With respect to
the validity of the Act of March u,
1899, under which Mr.. Ryan has been
appointed he said
1T seems to me - = that the
Act of March 81, 1899, as signed by
the Governor, is not the Act as passed
by the Legislature, as appears on the
foa Of fT,a 1c. Of hot n
the Legislature, and that the same is,
therefore, null and void.
THE Act of 1899. during its passage
through the Legislature was known as
Senate Bill $50, the history of which is
as follows: The original bill was in
troduced in the Senate by Senator Cut
ter. 1t duly passed the Senate on the
23d day of February, 1899. Senate
journal, February %, 1899, page 80.
In the Assembly the bill was amended
so as to make the compensation $500
instead of 81, 500 per annum, and by
adding the clause, This Act shall be
construed as a renewal and continual
ton of the office of Commissioner of
Public Works ASSEMBLY journal,
March. 7th, page 12). On March 18th,
the Senate refused to concur in the As
sembly amendments Senate journal.
March 10th, page 12). On the same day
the Assembly receded from its amend
ments. (Assembly journal, March 10Th,
page 2D. Thereafter the bill was re-
ported correctly enrolled in the Senate
on March 18th. Senate journal, March
18th. page 800.
THE bill, as signed by the Governor,