River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1893-02-16
The Road Question.

4
roads, raising taxes, laying out high
ways, etc.
a bill introduced by Mr.. Fitzgerald
has very many novel features. The
bill was introduced at the same
time in both the Senate and
House. 1t is too long for even sat
isfactory summary here, but we ven
ture to criticise some features which
will evoke much discussion.
The first principal provision is to
appoint three commissioners who will
have sole ch. rye of roads built by the
county. These commissioners are to
be appointed by the Circuit judge, the
object of this being, We suppose, TO
remove the matter from politics.
This provision seems Objectionable in
the government, an executive power.
The laying out and making of roads
belongs TO the executive and legisla.
tive departments and these distinc-
tions. which form an'important part of
our political economies. should not be
interfered with for slight reasons.
The circuit judges Of the state have
now enough to 90 without imposing
upon them the additional burdens con-
templated BY this act. There seems
to be no good reason why a judge is
more competent to appoint commits
sioners than the county board who
constitute the legislature of the
county. A state department of engin-
eering, having the power of examin.
ing and appointing local engineers,
would be better, though open to some
objections. We think, if the system
of county road commissioners be
adopted, that it would be as safe on
the whole, and satisfy the people bet
ter, to have the appointment come
from the county board, with the pro-
viso that the immediate supervision
of the work should be by competent
engineer.
A second objectional feature is that
the power of selecting roads to be i'm.
proved is left with the commissioners,
subject to the direction of the judge
of the circuit court, another plain vic. |
lation of the principle first mentioned,
that of placing legislative duties in |
the judicial department.
1t may well be conceived that doing |
this might raise an issue at the cleo
ton of a circuit judge which would it. |
self throw this important Office into |
the whirlpool of politics, to say moth.
ing of the fact that there is nothing |
about the legal training which BELTS a
Judge to pronounce upon the necessity
of highway more than farmer. 1t |
is true that the commissioners must |
first determine the making of a given |
road a necessity but he may overrule |
their action.
There are so many excellent fea-
lures in the bill that it is an unpleas.
ant task to criticise at all, but we do |
so in the hope that these questions |
may be disposed of in a proper manner
and that the bill, when practicable, be
adopted.
The bill provides for borrowing |
money to build roads and for the
method of levying taxes to pay the
bonds.
We think, however, that most of
the powers conferred by the bill
should be vested in the county board,
that the appointment of the commits
sioners should either proceed from the
county board or from a state depart
ment, preferring that the local board |
do this as knowing better the men of |
the county. that the engineer should |
be subject to examination by state |
engineer to prevent incompetency,
that all bills incurred should be SUBJ
ject to final examination by the
county supervisors, though consider
able latitude should be given to the
commissioners.
We are well aware of the difficulties
of the question as the appointment is
liable to fall into the hands of politi |
clans, but it must be remembered that
judges are politicians also and not free
from the bias which political views
often cause, that judges cannot have
the knowledge of the citizens of a
county board should have, that the
very responsibility to be incurred by
the board may have the effect of the
selection of better men in many cases
and also enlarge the interest of the
people themselves in the effort to Sc
cure better highways.
The movement for better roads is a
very important one and care should be
taken not to cripple the effort by
too greatly experimental legislation.
Another point to which attention
should be called is that contained in
section IL of the bin, providing that
20 per cent. of the cost of the road
may be assessed upon land lying with
in one mile of the road on either side
thereof.
The mile line would often divide
farms and tracts of land in such a
manner as to cause endless confusion
in levying the tax. Some provision
should be made more accurately defn-
ing the property to be liable to the
special assessment, as, for instance, it
might provide that the assessment
shall be made upon farms or tracts of
land in quantity not larger than 100
acres, the larger part of which sLall
lie within one mile of the road, all
tracts to be defined by governmental
lines where practicable. unless subdi-
vided and owned by different owners,
in which case the assessment should
be made upon the tracts owned by
snch individual owners.