The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-04-10


WHArcoM. April Especial. THE
action Of the county commissioners In ap-
pointing an engineer. viewers, etc. to ex-
anime the proposed route for the trans
Cascade road in this county before appro-
priating the amount required from this
county for it, construction seems to be
misunderstood and misiudged by many
people. 1t isA matter of the greatest inn
portance to this county. and the commits
sioners are naturally anxious to act with
due caution and avoid exceeding their
powers under the Law. When the matter
was first brought before tho predecessors
of the present commissioners. President
Larraher. of the Fairhaven Land Com
pany; President Cornwall, of the Belling-
ham Bay Improvement Company, and .
number Of other heavy taxpayers and
prominent citizens were present to urge an
immediate appropriation BY the county.
The commissioners doubted their power to
make such an appropriation and H. Y.
Thompson, attorney for the Fairhaven
Land Company and Great Northern rail.
road, was asked to give an opinion on the
question. which he did. - follows:
FAYlaAvEN, WASH, Oct II, 1892
10 tAe Honorable ths Board Of Cvvnsy CbmAsis-
St0WSs 81 WA4coo C0wnlV:
Replying to your request that give you
my opinion concerning the power Of the board
TO make IN appropriation for the construction
OF trail into the Mount Baker country, am
sorry to and. on examination Of the Law, that In
my opinion such an appropriation cannot b
made directly, and suppose II attempted it
might lead to some litigation and trouble, and
would, Therefore. not advise such appeopria-
ton. The matter presented % the board, how.
h. vlSa h~2 g.
leave no question - to ito legality. The law
relating to roads ana Highways In this state does
not provide foI the constr uction Of wagon
roads. but the provision II that after the pre-.
liminaFy steps have bssn tax en- By the nling OF
Q petition. the giving Of notice, ETC, that the
county commissioners shall appoint viewers to
view out the road or highway, and
among the duties prescribed for the view
ers 10 the making Of . report to the county
commissioners - to whether the road or high.
way shall b sixty feet in width or whether the
demands Of the country through which 1t 10
proposed to run will b met by road of less
width than sixty feet II may Do - much less
- the viewers determine and - the commits
sioners will approve. There 10 no question but
that what We commonly call . trail for foot
passengers. horssmen and pack animals 10 Q
highway, and II may b laid out and opened
just the same - other Highways OF the county
are. 1t may be four feet in width or six feet in
width or any other width which will accommo-
date the wants Of the country through which 1t
passea
Then follows some advice to the com.
missioners Is to the proper course for
them to pursue.
County Attorney Cole. in . written
opinion. conceded with the views Of Mr..
Thompson. "as the only law that can be
invoked by which any expenditures can
be made by your body"
The commissioners decided to proceed
in accordance with the legal advice given.
A road district was created and on Decem.
Der petition for the establishment of a
road to the Skagit river by way of the
north fork OF the Nooksack and "a certain
pass on the north side Of Mount Baker"
was filed in the Office of the clerk of the
board. The terms of the old members had
then nearly expired and no action was
taken by them and none by the new board
until the appointment of Austin, Wells.
Chase and others few days ago to meet
at the starting point Of the proposed road
at Thompson's, on Monday. April 10. and
cut out passable trail for pack animals to
the Skagit river by way of the certain
pass north of Mount Baker" referred to.
If such an one exists. Its confidently ex.
pected by the commissioners ana others
that this expedition will fully demonstrate
the feasibility of a route as outlined in the
act providing for the road, and in that case
the 5000 appropriation required from this
county will be promptly made. Should
the report be decidedly unfavorable. how.
ever, the commissioners will not feel ius,i-
Ted in making any further outlay.
The action of the board Is generally an
proved by the substantial citizens of the
county, but the state commissioner, and
some of their over-zealous friends are ex.
hioiting degree of feeling about it which
IS not altogether creditable. II is limited
that their opposition may be accounted
for by the fact that the action of the
county board effsctuaily prevents the state
board from organizing and drawing nav
before any real progress could be made in
the work. 1t is true that the county COM
mIssioners might have appointed the state
commissioners as members Of the prelimi.
nary expedition, bu. they believed. and
not without apparent good reason, that
such action on their part would have been
contrary 10 good public policy. The state
commissioners will not accompany the
Austin party as tlrst announced.