Daily capital journal. (Salem, Oregon) 1903-1919, 1915-05-25
STATUS Of HIGHWAY
AND STATE ENGINEER
UP TO ATTY. GENERAL
Highway Commission Hears
The Troubles of COnsOli-
dated Contracting Co.

The question of the status of the
state highway engineer and the official
realtiOns existing between the highway
engineer and the state engineer under
the provisions Of the act of the last leg
islature, which consolidates these two
offices, was this morning submitted to
Attorney General Brown by the state
highway commission after somewhat
spirited debate of the subject between
State Engineer Lewis and the other
members of the highway commission
this morning. This 3 the first meeting
of the new highway commission, which
now consists Of the governor, as chair.
man, secretary of state, state treasurer,
state engineer, highway engineer and
attorney general
The most vital question involved in
the departmental ENHANCEMENT, one OF
the fruits of the last session which was
pledged to a program Of Economy ?
Consolidation, is that, although the
governor is given exclusive power Of
appointment and retention of the high
way engineer and while he is nominally
subordinate to the state engineer, it ap.
pears that the state engineer has no
restrictive or governing power over the
highway engineer but is required to fur.
nish ap ersonal bond for him in the sum
of 10000 and is technically responsible
for his acts. State Engineer Lewis in
sisted upon settlement as to his Off
cial jurisdiction over the highway en-.
glneer, declaring that he should have
sole power and directaion over his Of
ficial acts or that he would "wash his
hands of the whole affair."" and, in
course of the argument, Governor
WiKthycOmbe accused State Engineer
Lewis Of "quibbling" over inconse-
questial details.
The highway commission is this after
noon hearing the conclusion Of argu-
ment by representatives Of the consOli.
dated contracting company, which has
the contract for Pacific highway con
struction in Columbia county, headed
by Senator Arthur Langguth, for the
company, in which the company seeks
Il reinstatement Of the contract with
the county which State Highway En-.
Cineer Cantine has declared forfeited
on the ground Of "bad faith" and re-
fusNl to proceed with the work within
the time fixed for them to begin work
Columbia county is represented chiefly
in the controversy, by Attorneys Dan
j. Malarkcy and Il. B. Seabrook, who
are sustaining the action Of Highway
Engineer Cantine in repudiating the
contract.
Senator Langguth, on behalf of the
contracting company, gave u detailed
recital Of the proceedings leading up to
the declaration. Of forfeiture OF contract
by Engineer Cantne and, in course Of
hiG argument, accused Mr.. Cantine and
tae Columbia county court Of bad faith,
emphasizing his remarks by repeating
"rotten faith" in the alleged refusal
OF Engineer Cantinc to give any salts.
faction us to the demands as to where
to 60 to work and what to do. In reply
to this criticism Attorney Malarkey
brought out the point tnat the principal
| tight which the company is making, as
in the case Of former Highway Engineer
Bowlby, is against the engineer and
called atteatiCn to the fact that, where
az the impression was created that Can
tine had been selected for the purpOs,
Of favoring the contractors, Cantinc haC
stood up stcadfO8tly for the taXpaycr'
and refused to bulge from his position
The commission had taken no action il
the matter up to press time.