The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1877-10-06


s ssTsRa o;;,x, 80 sla SO SO
tue tisa sro.e:.::. Is SSsS $50 " loo
$ %al!aes. IS IS ' % 49,; -: -: .:..
BRIDE Sn tsI mill Ma ST special bridge lax
Also to extend the delinquent road tax az
certified and returned to him; also the back
personal tax of the several towns as ordered
by this Board.
ROADS AND BRIDGES.
To tie COMMITTEE on Roads and Bridges Of
the Board Of Supervisors Of La Sale Co.:
GENTIEMEN-In compliance with reso-
luton of the Board of Supervisors, passed at
the present session of said Board, submit
the following opinion as to the powers anu
duties of the Board of Supervisors in relation
to making appropriations from the county
funds for roads and bridges within the coun
ty, under the provisions Of an act of the
| General Assembly. entitled an act In regard
| to Reads and BI9dges In counties uader Torn
ship Organizotion, dpprored Nay 2GM, 1877.
70 understand more fully what changes
! the legislature has made i'll the road ana
| bridge laws by the act referred to, in relation
to the powers and duties of county boards, as
! to making appropriations from the funds OF
the county to assist towns in the building,
constructing and repairing any road or
bridge within any town in such county,
desire to call your atteAtion to Sec. III Re
vised Statutes OF 1874, which reads as fol
lows:
When it shall be necessary to build, con
struct or repair any bridge or road in any
| town which would be an unreasonable bur
den 10 the same the cost Of which will be
! more than can be raised in one year by ordin
| cry road taxes in such town, the commission
c.'s of highways shall present petition to
The county board of the county in which
such town is situated praying for IN appro
pratiOn from the county treasury to aid IT
the building, constructing or repairing OK
such bridge or road, and such county board
| may Ca majority of all the members elect vot
ing for the same make an appropriation OF
somuch for that purpose as, i'll their judgment,
the nature of the case reqircs and the funds
of the county will justify; said appropria.
ton to be expended under the supervision OF
an authorized agent or agents of the county,
if the county board shall so order
Under this section of the statute of 1874, l.
Is quite clear that the county boards OF their
respective counties were vested with Il discrc.
tionary power in making appropriations
from the county funds to assist towns in their
respective counties in the erection, construc-
ton and repairs of roads and bridges in such
towns
The right to determine when such appro.
priatioNs should be made, and as to how
much should be appropriated, rested under
this section entirely with the county boards
of their respective counties.
Section 20 of the act of the General As
scmbly, entitled AN act in regard to Roads
and Bridges in Counties under Township
Organization, approved May 2Gth, 1871 is
identical with Sec. ILL., Rev. Stat. 1874 above
quoted to the board Nay in said Sec. III,
and in lieu of the remaining portion of Sec
III. Rev Stat, we find the following incol
poratcd in Sec 20 of the Road and Bridge
act of 1877, to-wit: And such county board
shall, when onc.half of the necessary funds
have been provided for by town authorities
appropriate the other half Pr0cided
That all uneXpcndCd surplus OF any apprr,
priatons that may be granted unSer the pr
visions of this section shall be paid back in
to the county treasury | think from the
change made by the legislature IN the latte-
clause of this section, from that of section
III, Rev Stat 1874, il was intended to make
that obligatory upon county boards which
under Sec III, Rev. stat. 1874 had been dis
crcticnary with such boards only. And be
lieying such to be the clear intent and mean
ing of the legislature, INshould say that coun
tv boards have no discretion as to whether
they will or not make appropriations for
Will appropriate, where tbs facts set up IN
the petition of the highway commissioners
of any town bring them withinNthe provision
of Sec 20 of the road and bridgelaws OF lc' !,
Before making such appropriations, how
ever, il should appear TO the county boaru
from the petition of the commissioners o.
highways of the town interested that II =
necessary to build construct or repair such
road or bridge, and that the cost o,
building, constructing or repairing such rCtd
or bridge i an unreasonable burden upon
the town asking such appropriation That
is. that the cost of such road or bridge is in
excess of the sum which can be raised IN
such town in one year by ordinary road taxes
which by section ST. laws of 1877, entitled
roads and bridges. is forty cents on each one
| hundred dollars valuation of the pTevlou,
wear for road purposes only, and forty cents
on each one hundred dollars valuation 10.
bridge and other purposes therein specified.
II should further appear 20 the county
board from said petition that one-half of The
funds, necessary for the construction OF such
bridge or road, had been provided Tor by the
proper town authorities.
The question of the necessity Of bridge,
I or the construction and repair OF either q
/ highway or bcrdgc, is net one resting IN tAc
discretion of county boards alone, but by The
law is one more fully confided TO the nigh
way commissioners of their respective towns,
and should the county board fail to make az
appropriation in proper case, their aciiPi'
would be subject 10 review upon an apnAfa'
ton to the court, for mandamuS or @ ae-
compelling such appropriation
As to whether county boards are Teqi1Te'.
to make appropriations 10 assist towns where
bridges have been built, and tho Indebtedness
for the building Of the same has be- CON
,raciel ly the town or towns prior 20 ne
passage of the act Of the General Assem- 3iY
| approved May % 1871, l should say teey
/ ! were not. But that the matter OF maxim :
such appropriations > one resting 70 the as