Daily capital journal. (Salem, Oregon) 1903-1919, 1915-12-28
Supreme Court Holds Against
Highway Commission In
Engineering Case
.GOVERNOR'S CONTENTION
!. REVERSED BY COURT
Lewis Must Assume Active
Charge Of Highway Affairs
In This State

John II. Lewis, state engineer, is also
head Of the highway department and
Chief Deputy f. l. Cantine viii serve
the state engineer and not the state
highway commission, according to the
decision of the state supreme court this
morning This is the last word Of the
controversy that was started during
the 1915 session of the legislature. The
lawmakers attempted to fulfill one Of
their many prediction promises to con-
solidate some Of the various state COM
missions, The only one they consoli-
dated was that of the state highway
engineer and the state engineer but the
act provided for a chief deputy and e.
|. Cantine was appointed by the high
way commission.
Lewis took charge of the highway
department under the terms Of the re-
cent law and Immediately elashed with
the highway commission. 1t was up to
Cantine to select his master and he
chose the board and Lewis resigned as
state highway engineer. On August
27 the board issued an order declaring
Cantine to be the state highway
engineer in fact.
In the opinion handed down today
Justice Mcbride says in part.
"The law passed by the 1915 legis-
lature imposes upon the state engineer
John II. Lewis) the duties enumerated
in Chapter $3.50, laws of 1918. The
state engineer is responsible to the
state and the parties coming within
the terms of the act The chief deputy
is answerable to his superior. mo
man can serve too masters Any
other arrangement would lead 10 chaos
and produce confusion. The state en-
gineer cannot be relieved Of the trust
imposed in him by the statute except
by the expressed will of the lawmakers
and the order of the highway commits
sion of August 27, 1915, did not have
that effect"
This is a virtual affirmation Of the
opinion of Attorney General Brown on
the subject. When Lewis assumed ac-
tive control Of the affairs of the high
way department the commission sought
Brown 8 opinion and he replied that
Lewis was in charge Of the highway de-
partment under the terms of the law.
The commission then secured an opinion
from Judge C. Il. McNary which opin-
ion said that Cantine was Highway En-
gineer in fact and the board acted upon
the opinion Of McNary.
The present case which brought the
controversy before the supreme court
was started by firm of contractors
asking that Lewis submit estimates Mp
on their work on Columbia Highway.
Lewis replied to them that Cantine was
in charge Of the highway work and the
firm brought mandamus proceedings to
compel Lewis to make the estimates.
Lewis demurred to the writ on the
ground that it did not contain sufficient
facts to constitute a cause of aeiOn and
his demurrer was over ruled and al
hough Lewis lost his point at law he
won out in his original contention that
he was state highway engineer under
the law of 1915.
This has been long controversy and
bitterly contested on both sides. Tho
highway commission was divided upon
the question but the majority ruled that
Cantine was the highway engineer and
their action resulted in the order which
relieved Lewis of the duties of tho
office.
What changes the ruling Of today will
have upon the office is not known at
present. Under the terms Of the law
Lewis must make the estimates and 10
make these estimates he must be
thoroughly familiar with the work and
since he is responsible for the reports
il is probable that he would prefer to
have his deputies perform the work
under his own personal supervision.