"Nor does the infidelity of the State's agents appear to have stopped here. While the records of the canal commissioners and of the Canal Board certify that the preliminary surveys, maps, plans, specifications, estimates, etc., required by law were actually produced before them and approved by them and by the State Engineer; in point of fact, no such precautions for the protection of the State, so far as we have been able to ascertain, were actually taken.[8]
[8] See first report to the Executive, pages 15, 16, and 17.
"It is obvious that the abuses to which we have invited your attention cannot be remedied except:
"_First_, by concentrating responsibility for the administration of the canals in fewer hands;
"_Second_, by lodging somewhere a more efficient power for the suspension or removal of offenders;
"_Third_, by providing more specific, complete, and efficient laws for preventing and punishing abuses when disclosed; and,
"_Fourth_, by providing for the vigorous prosecution and punishment of unfaithful servants.
"Under the present organization the responsibility for a non-compliance with the provisions of the laws for the repair and maintenance of the canals is so distributed between nine State officers, composing the Canal Board, and the auditor, the superintendents, the division, resident and assistant Engineers, that it is nearly impossible to bring any one of them to justice, unless all, or at least a large majority, are of accord in that purpose. Could one person be held responsible for the acts of all of his subordinates, the remedy would be simple and probably adequate. Should the people ratify the proposed amendment of the Constitution, which is designed to clothe a new officer, to be called Superintendent of Public Works, with the powers now vested in the canal commissioners, together with other powers necessary to his functions, this evil of divided responsibility will be greatly diminished. At present the powers of removal and suspension of unfaithful officers are altogether inadequate.
"We recommend, in addition, that the division and resident engineers, and such others engineers as it may be necessary, in the opinion of the State Engineer and Surveyor, to employ temporarily upon any particular work, should be appointed by the State Engineer and Surveyor, with the approval of the Canal Board, subject to removal by the State Engineer and Surveyor alone. In case of every such temporary employment, we would recommend that the rate of compensation be fixed by the Canal Board before such person employed enters upon duty; that he be required to file the usual oath of office, and that he be only paid by the auditor of the Canal Department upon his oath to the correctness of the items charged for expenses and time, and a certificate of the approval of the State Engineer and Surveyor attached.