The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-07-30
STATE RESTAURANT INVALID
NO LAW FOR SUCH A PLACE IN
THE CAPITOL.
Attorney General Ford Renders
Such an Opinion to Con-
troller Colgan.

II Attorney General Ford'S construc-
ton of the law is correct, the base
ment of the State Capitol building can
not be repaired for use as res
taurant," as provided by an Act passed
by the last Legislature. This decision
knocked the pins from under several
ambitious persons who had hopes OF
catering to the public in the Capitol
The decision, given in letter to the
State Controller, is as follows:
Hon. e. p. Colgan, State Controller,
Sacramento-Dear Sir: Your favor of
July l, 1899, received. You ask whether
or not the appropriation of S3,OOO In
the General Appropriation Act OF 1898,
for the repairing of the basement OF
the State Capitol, so that the same can
be used as a restaurant, is valid.
In reply will state that the appro-
priation referred to in your communlca-
ton Statutes 1899, page 1850 is as fol-
lows:
For the work of repairing the base
ment of the State Capitol building, so
that the same can be used as a res
taurant, $4,000, to be expended under
the direction of the State Board of
Examiners. y"
The same Act Statutes 1899, page
115) provides:
For repairs to the Capitol building
and furniture, exempt from the proViS-
ions of Section 4 of this Act, $1,000
Article ", Section %, of the State
Constitution provides:
The general appropriation bill shall
contain no item or items of appropria-
ton other than such as are required
to pay the salaries of the State officers,
the expenses of the Government, and
of the institutions under the exclusive
control and management of the State"
And Article W, Section "A, of the
State Constitution provides that every
Act shall embrace but one subject,
which subject shall be expressed in it's
title.
There seems to be no question but
that the appropriation for repairs TO
the State Capitol is a proper one, and
comes fairly within the meaning anc
intent of the sections of the Constitu-
ton above quoted; so an appropriation
for repair of the basement of the
State Capitol building at Sacramento
would be a perfectly proper provision;
but the question is not whether sjch
an appropriation for the repair of the
basement of the State Capitol so that
the same can be used as a restaurant
is properly within the sections of the
article of the Constitution named. By
the express wording of the statute
the purpose of the appropriation is
clearly and unequivocally set forth, so
that there is no room for quibble; the
repair is to be for the express purpose
of fitting up the basement of the Capt.
tol so that it can be used, not for any
office, nor by an officer of the Gov
eminent; not for any agency of the
State; not to remedy an unsanitary
condition of the basement of the Capt.
toll; not for the laying of cement pave
ment or thing, but for a restaurant.
There is absolutely no room for statu-
tory construction. and unless it is held
that a restaurant in the State Capitol
building at Sacramento is part of
the Government of the State, how can
it be said that it is proper to include in
AN Act making appropriation for the
support of the Government of the
State of California, for the ffty-frst
and ffty-second fiscal years. pro-
vision which provides for the fitting up
of a restaurant?
l am, therefore, forced to the con-
clusion that the appropriation is in
violation of the sections of the Article
of the Constitution named, ard, there
fore, invalid. Yours very truly,
TREY L. FORD,
Attorney General.
By William M. Abbott, Deputy At
torney General.
T,,Iv 0Sth