Los Angeles herald., 1907-12-10

hibits the creation of new offices and the
appointment of other officers. to perform
any part of the duties assigned by the
charter to officers provided for therein.
If this were not so, the limitation upon
the power to create new offices could be
easily evaded, If not rendered wholly
nugatory, by the simple process of dis
tributing or dividing up the duties of a
charter officer or board and assigning
them to one or more additional officers
created by ordinance only. 1t would seem
to me that the same principle would ap-
ply to the appointment of persons to Of
fees created by ordinance, to advise or
cooperate with a charter officer or
board. in the performance of duties
which the charter has assigned to such
officer or board or to share in the per-
formance of such duties in any capacity
other than the charter itself contem-
plates The charter provides for the ap-
pointment of the necessary deputies and
assistants of officers and recognizes the
employment of persons engaged to rem
der professional, scientific, technical or
expert services of an occasional and eX-
ceptional character, but the provision for
such appointment or employment cannot
in my. opinion be construed to warrant
the appointment of such a body or board
as the proposed aqueduct commission.
Not Confined to Charter
| In considering the functions of the
board of public works however, as af-
fecting the creation of the proposed aque-
duct commission, we are not confined
solely to the city charter. The bonds from
the proceeds of the sale of which the
Owens river aqueduct must be built were
voted under statute of the state pro-
viding how and for what public purposes
bonds might be issued and sold and by
whom and in what manner the moneys
derived therefrom shall be expended.
shall be applied exclusively to the ac-
QUESTION or construction of the improve
ment proposed, that all contracts for the
work shall be let by the board of pub
lie works and that the board shall ap-
point all needful agents, superintend-
ents and engineers to properly look after
the construction and operation of such
public works. The statute and the char
ter are therefore in complete accord in
defining the functions of the board of
public works. certainly as to public i'm
provements to be constructed with
moneys derived from the sale of bonds.
If the sole power to make contracts, en-
ploy agents, superintendentS and en-
gineers and to expend public moneys de-
rived from the sale of bonds is vested in
the board of public works, I think no
other conclusion is possible than that the
board itself, if it requires professional or
technical assistance upon any work or
Improvement over which 1t has charge
may provide for the same at it's own dis
erection, but not by the action of any
other authority.
If, then, it is contemplated that the
proposed aqueduct commission shall have
charge of or share with the board of
public works the construction of the
aqueduct, the difficulty is encountered
that under the charter the supervision
and control of the work and of the ex-
pendtures thereon is vested exclusively
in the board of public works, and such
power cannot be diverted by ordinance
or otherwise The same difficulty exists
IL 1t is contemplated that such commits
sion shall act, as a legally constituted
body, in an advisory capacity to the
board of public works. AS I have said,
the board is authorized by law to select
or appoint such assistants engineers or
agents as may be necessary in or about
the construction of public work, but this
authority cannot be transferred in whole
or in part, by ordinance or otherwise,
to any other officer, board or commits
sion. The board of public works cannot
itself delegate or impart any of it's
powers or duties to any other officer or
board, and therefore it follows that an
advisory commission would be a body
wholly without legal sanction, and even
If appointed would be without any voice
or authority recognized by law.
Object of Commission
AS I understand it, the object of the
aqueduct commission would be to create
permanent body; that is. permanent so
far as the construction of the aqueduct
is concerned, which would assist the
board of public works in the construc-
tion thereof. counsel with it at least,
whenever required, and share with it, in
some responsible manner the control of
the work and the disposition of the aque-
duct funds. The idea conveyed by the
use of the words "aqueduct commission
seems necessarily to imply such a mean
ing. but the principle involved is sub
stantially the same, even If it be designed
that the commission shall merely act in
an advisory capacity. I do not think
that the law or the charter when they
authorize the appointment of assistants,
agents, engineers, ETC., or recognize the
employment of persons to perform pro-
fessional services, or work of technical or
scientific character, can be held to con-
template the regular employment or APP
pointment of a body or board of duly
or legally constituted advisers. When
the law provides that certain duty shall