The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-04-02
THE NEW ROAD LAW.
The Commissioners Not to Put it Into Effect
Until Next Year.

The new road law, which was the result of
the recent discussion through the press and
by the people of Carroll, and from which n
solution of the road question was expected,
will not be put into effect until March, 1898.
1t was the intention of Carroll's representa-
tives that the law should be put in force this
year, and the last section of the act says ''this
act shall take effect from the date of its pas
sage" The bill was passed two weeks ago
and was signed by the Governor last week.
Section 1879 of the act provides that 1.-THE
County Commissioners of Carroll county shall
in the month of March, in each and every
year after the passage of this act, appoint
three Road Commissioners in each election
district of the said county," &c. Ex-Judge
Bond, counsel to the County Commissioners,
CONSTITUTES the law to mean that the County
Commissioners shall appoint Road Commits.
sioners in the month of March in each and
every year after the passage of the act. In
other words, that the law cannot be opera
tive until a year after its passage.
1t was expected by the people, and so in
tended by the act, that the new road system
would go into effect at once, so that it could
be given a fair trial before the meeting OF the
next Legislature-that its defects, If any,
could be ascertained, and the people could
determine whether the system should be abol-
lShed or the act De amenueQ anu Ine sysUell
be continued. The Commissioners, after
reading the opinion of their counsel, conclu-
ded to take no risks in the matter and to con-
tinue the present system until next March,
when the district system will be put in opera
ton.
Below is the opinion of Ex-Judge Bond
filed with the County Commissioners.
To The Honorable the County Commissioners Of GIrrOt
County:
My opinion is requested on the construction o.
section 139 Ct the new road law passed for Carroll
county. The, point in question is as to the power
of your Board TO appoint Road Commissioners IN
the present month of March, or whether such ap
pointment is postponed to the next or following
year.
am of the opinion that the power of appoint
ment in question: on a fair construction OF the Act
devolves upon your Board in year tte1tie passage
OfUte Act, and not in year i'll which the Act wa
passed. The language of the section is as follows
THE County Commissioners OF Carroll county, shall
in the month of March, IN each and ereIy year ate
the passage Of ibis Act, appoint three Road Commis
Sioners, &C." To appoint Road Commissioners II
them in month of March IN a gear an lriict the Ac
I0dS passed and not in year after ii iUds passed. Pow
ers conferred upon the several corporations OF Coun
ty Commissioners, are strictly construed, and unles
they act strictly within the lines of such delegated
powers their acts liable to be questioned and Sc
aside by the courts.
would in this instance advise against the ap
pointment of Road Commissioners by your Board
commencing this year. as the consequence OF mis-
take or exercise of doubtful power would be al
tended by serious consequences. Ample power
still reside in you provide for and take care of thu
county roads as in the past
JAMES A. C. BOND,
Counsel.