Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1893-05-02
THE ROAD QUESTION

prepared for the board Of county commits
sioners an elaborate itype-Written opinion
by which it appears that under no law
human or divine can the county board
relieve the people of the damnable wagon
roads with which we are now cursed.
Well, let US go on and build the roads.
and read the opinion afterward. Let us
consider the opinion as an able one, but
an impracticable one, refuse to cross a
stream until we reach it, and trust that
the courts will interpret the stupidity out
of the road laws.
The road question is live one now
in this county, and with commendable
care and unusual intelligence the
county commissioners have commenced
at the right end Of the matter. The
very first question to settle is to de-
termine what can aud what cannot be
done under the law, and what ques-
tons are doubtful. Good roads cost
money aud must be paid for in one of
two ways-by taxation or by bonds.
Illegal or doubtful taxes will be re-
sisted, and illegal or doubtful bonds
cannot be sold. So thai the advice to
go on and build the roads and read
the opinion afterward" is more inn
practicable than the opinion itself can
possibly be. We have not space for
Mr.. Towards opinion in full, and ex-
tracts are almost always unjust, or at
least lead to unjust construction, and
this is particularly true in legal mat
tiers, where every principle is laid down
with reference to other principles with
which it is connected. Nor can all the
questions discussed be reviewed or even
adverted to in one short article, for in
answering the question of the commits
sioners the opinion treats of almost
every question which can arise under the
road laws and the constitution of the
state, and undertakes to so arrange
and sto interpret them as to present
fully what our system of road law
really is. The conclusion is not arrived
at that "the county board cannot under
any law, human or divine, relieve the
people of the damnable wagon roads
with which we are cursed" but only
this, that where the laws place certain
limitations upon the amount of in
debtedness which may be legally in
cured, any Indebtedness beyond the
limitation is void. which is unqaes-
tionably sound. 1t is further shown
that this county has reached the limi-
tation, or practically so.
On the question of issuing bonds it is
shown that the county cannot issue
bonds which will make the aggregate
Indebtedness Of the county exceed one
and one.half per cent. of the value of
the taxable property to be ascertained
from the last assessment roll. The
total outstanding Indebtedness of the
county is at the present moment in ex-
cess of that amount. The conclusion
is that it Is therefore out of the ques-
ton at the present time to issue legal
bonds. Upon this question the statute
Is clear and the opinion sound, and
bonds would not, If issued, sell in the
market for ten cents on the dollar.
After a careful reading of the opinion
and an examination of the laws, we
are satisfied that the questions have
been fully considered, fairly presented,
and that the conclusion arrived at
cannot be interpreted out of the law.
The trouble is not in the law, nor is it
in Mr.. Towards opinion, but il lies in |
the fact that we have gone on blindly,
as now advised to do in this important
matter, trusting to luck until we have
reached the limit Of our legal indebted
ness, and before we can go further we
must pay, or make provisions for pay
ment. This and this only is the con-
clusion reached by the opinion of Mr..
Howard, and it is sound law, good
business and common sense. Our I'M
fortunate financial condition does not
defeat; but under the law it does post
pone as rapid action in the construction
OF system of roads as is desirable.
Under the law something can be done
this year, but much more next, and
soon, by the wisdom the commissioners
are now displaying, we can have sys-
tenn Of roads under the law as 1t is, and
as 1t is Interpreted by the assistant
county attorney. That there are many
defects in the statutes no one at all
familiar with them will question, but
upon the whole, the system is such an
one as to enable all counties, whose
condition will enable them to
avail themselves of its provisions, to
build good roads, but to disregard the
plain statutory provisions, or to juggle
with doubtful questions will not only
md In defeat Of the enterprise, but be
treat waste of both time and nona,,