The record-union., 1899-05-26

lating to the office of Commissioner
of Public Works, an examination OF
which discloses the following statutory
conditions.
The office of Commissioner of Public
Works was originally created by the
Act of March "A, 1898 (Statst 1888,
p. 345), for a period of four years
only The Act further provided, how
ever, that the first person appointed
hereunder should serve for a term of
two years from March 1, 1893, and un-
til his successor should be appointed
and qualified, and that all subsequent
appointments should be for the term
of four years.
Under this Act Mr.. Rose was ap-
pointed, and his term of office expired
March !, 1S95 He continued to serve
until April %, 1895, when E. E.
Leake was appointed for a term of
four years.
On February 25, 1897 (Stats. 1897,
p. 26), the Act of 1898 was amended
eliminating the limitation, viz: for
period of four years only from Sec
tion l thereof, and while providing that
first appointed under the Act was for
a period of two years from March 1,
1898, makes the term of office of all
subsequent appointees four years.
This Act also, in Section =, provides
that the office of Commissioner of Pub
lie Works, created by the Act of 1893,
and also by the Act of 1897, shall
terminate March 1, 1899, and that
thereafter no more money shall be paid
to carry on the work of said Commits
sioner, etc.
The subject matter of Section 2 of
this Act is not specifically mentioned
in the title
On March %, 1899, Senate bill No.
320 was signed by the Governor This
Act. creating the office of Commits
sioner of Public Works, provides that
the term of office shall be four years,
and Section 3 thereof repeals the Act
Of 1893 and 1897 and all Acts in con-
fiict Herewith, and provides, further,
that this Act shall be a continuation
and renewal of the office of Comrnis
sioner of Public Works.
The subject matter of Section 3 of
the Act of 1899 is not specifically men
toned in the title.
The enrolled bill of 1899 as signed
by the Governor fixes the salary of the
Commissioner of Public Works at
1880 per annum, and adds to Section
3 thereof the following clause: ''This
Act shall be construed as a renewal
and continuation of the office of Com
missioner of Public Works"
The bill as passed by the Legislature
dnd
annum to the Commissioner, and the
above clause in recontinuation of the
office, etc, was not contained therein.
(See Assembly Journal, March 7th p.
II; March 10th, p. "a; Senate Journal
March 18TH p. II; March 18th, p. 81
1t would probably serve no useful
purpose to here review the numerous
authorities which we have examined
in arriving at our conclusions upon
the above state of facts. l will, there
fore, proceed to state as briefly as pos
stble the conclusions at which we have
arrived after a careful examination OF
the entire matter.
l am of the opinion:
l. That by the terms of the Act of
February %, 1897 (Stats. 1897, p. 26),
the office of Commissioner of Public
Works terminated on the 1st day of
March, 1899, and therefore ceased to
exist.
Section . of the Act last referred to
reads as follows:
Section =. This Act and the Act Gre
ating a Commissioner of Public Works,
defining his duties and powers, prescrib-
ing his compensation and making ap-
preparation, approved March "a 1893
relating to the Office of Commissioner
of Public Works of which this Act is
amendatory, shall cease, terminate, and
be at an end ON the 1st day of March.
1899, and the office of Commissioner
created hereunder and under said Act
approved March 24, 1893, and all off,
GERS and employees appointed by said
commission, shall cease and their en-
ployment thereafter shall be discon-
tinued and the State of California shall
in no manner whatever be liable for
the compensation of the Commissioner,
officers, or employees employed by him
or by said commission after said date.
This language is plain, clear and ex-
plicit. 1t is contended, however. that
Section of the Act of 1897 is not oper-
ative for the reason that the subject
matter of that section is not specifically
referred to in the title of the Act which
reads as follows:
An Act to amend an Act entitled "An
Act creating a Commissioner of Pub
lie Works, defining his duties and pow
ers, prescribing his compensation and
making appropriation" approved Marc h
"a, 1898, relating to the office of Com
missioner of Public Works
The question thus presented has given
us much difficulty and has caused a re-
gretable delay in our reply However,
a careful examination of the authori-
ties and the reasoning upon which they
are based has convinced US that the
provisions of Section of the Act of
1897 are Sufficiently within the sub
ject of the Act as indicated in the title
to give life and effect to the provis-
ions of said Section 9
Under the provisions of the Act of
1893 (Stats. 1893, p. 345. Section y,
there was an apparent discrepancy or
conflict with reference to the term of
office of the Commissioner of Public
Works. The first portion of Section
of the Act of 1893 provided that the
office should exist for four years only,
while the latter portion Of the same
section provided that all subsequent ap-
polntments, that is, appointments after
the first two years, should be for the
term of four years, thus making at
least six years provided for by the lat
ter portion of. said section
By the Act of 1897, above referred to.
Section l of the Act of 1893 was
ans nded ard the apparent inconsistency
contained in Section | was removed by
eliminating the words "for a period of
four years only" The idea. however.
nf limiting 10 .nf