The Arizona champion., 1884-04-19

FLAGSTAFF, YAv. Co. ARIz., Apr. I6, 'S4. 9. 4 MhAeH, Cztyk efMe Board ef Coaniy
 Sxpe,viso,s. PreseOH, Arizona.
 My DEAR SIR:-Your favor asking for further information regardi the formation of road district, upon the request of the petitioners referred to, has been duly received and it gives me pleasure to answer you on be- half oI said petitioners.
 have no doubt that it is possible your Board has been laboring under misconcep- ton of the law relative to the formation of road uistrlcis, and arises out of the following statute:
 SEe The Board Of Supervisors sha.l have power and jurisdiction in their respect i've counties.
 (4) to lay out. manage and construct public roads, turnpkes. ferries and bridges within the county in all eases where the law does not otherwise provide. and 10 make such | orders as may be necessary and requisite to carry their control and management, into effect. Comp. Laws. Sec PIG.
 desire to call the attention of yourself. as we'll as also that of said B ard and of the Dis trict Attorney. to the fact that the above law relates nly 10 such matters specified, as are not otherwise provided by law. Were there no other law the Board could. no doubt, establish and locate a road between stated points and create the office of commissioner of tha, particular road, but he could only spend such moneys as the Board would see fit to appropriate and could rot collect the road tax hereafter mentioned. The office above aud that of road overseer are separate and distinct; one is created by the Board, the other by the Statute. The former can per Board the latter receives his power and in structons direct from the Statute. Your petitioners, therefore. base their application upon another provision of the Statute. which will be found in Sect 3lS4ase9 of the Com piled Laws. wherein il is in substance pro vided, 'that it shall be the duty of the Board to divide the county into road districts and appoint an overseer therefor. and the County Recorder shall notify the appoiutees of their appointment and shall furnish to each road overseer, deseyipfion ef fNe 6onndarie5 ef his aistyiei"
 Now. the petitioners request that their road district shall commence at a poi on Range three east. where the south boundary may run east along the north boundary If, the Verde road district. thence to the east line of the county, and along the east and northern line of said county to sad Range three, and thence along said range iine to the place of begin. ming.
 Your petitioners have placed the northern boundary of sad Verde district as the south ern line of the proposed district, upon the presumption that the Verde is bounded as prescribed by Statute, so that there may be no part of any highway entering either dis. trct from the other which will not be con trolled by proper officer but, if there be no such boundaries to the Verde, then your petitioners want the southern line of the pro posed district |, be as far south as Raitlesnake Tanks
 The initial point of the metes and bounds of said proposed district, in that event, being placed on said Range line directly west of said tanks, will make said boundaries definite and certain.
 By an examination of the last foregoing sections will be seen that the boundary line of any road distnct should have that accurate. ness and certainty of description SO essential to county, state or international boundaries, for such districts are municipalities and one ! spoke in the great wheel of the government. That such is the true meaning is readily seen by an examination of section 34S8. whereby the overseer may open one or more such roads in his district. as may be ordered by the Board; section 3492, whereby every male resident within such district is required to perform one days labor or pay two dollars; section 3493. whereby he warns the reside ts of his dstr,ct upon three days notice; sectio, 3494. where. by resident being delnque |. he may. under a warrant levy upon and sell property to pay the tax. upoa posting notices in three public places in his district. and section 3499, where by tax of ten cents on each Sioo.oo may be levied in any road district.
 |" A construction of the law relating to boundaries, other than as above, would be strained, harsh aud unreasonable, for, suppose inc Board creates a road between two stated points and appoints an overseer without definitely bounded district, how can it be ! asceTtained who and where the residents are ?