The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1894-10-05
NOT UNCONSTITUTIONAL.

Since the law appropriating SEo,o 900 for
building a wagon road in Tillanook
county was declared unconstitutional, the
public seem ir1bued with the idea that
the legislature has no authority to appro-
pirate funds for the construction of pub
hc highways. This is a wrong conclusion.
Had this been the idea of the trainers of
our constitution, why does it read, under
subdivision 7, section 23, article 4, "The
Legislative assembly shall not pass SPECIAL
or LOCAL laws il any of the following
enumerated cases,-that is to say 7.
For laying, opening and working on high
ways, and for the election or appoint
nent Of supervisors"
Had it been the intention of the con-
stitutional convention to inhibit the ap-
preparation of public funds for the pur-
pose of constructing roads the section i'll
question would read: ''The Legislative
assembly shall not pass laws for laying
and working on highways" From the
presence of the words 1ocal and special"
we know that there was no intention to
restrict the passage of laws appropriating
funds for the construction of highways,
from which benefits would accrue to the
general public 1t will be admitted that
any act that is special or local in its oper-
alton would come directly under the pro-
hibition of the clause cited. 1t must be
admitted on the other hand, however,
that the constitution contemplated the
construction of roads by state aid, i'll
which the community at large had an in
terest. Roads connecting two great or
remote sections of the state, where the
benefits and advantages are not confined
exclusively to persons and property stu
ated along their routes, would come I'M
der this head.
In the case of Maxwell VS.. Til1amook
county, reported in the goth Oregon,
Judge Lord held the law to be unconsti-
tional. In rendering the opinion he says:
''The law is intended to aid Tillamook
county and no other; it specifically names
that county as its beneficiary, and con-
templates no broader or other appIica-
tion of its benefits. x X This act was
made to aid that particular county to
build that particular road. It applies
specifically to it, and operates only with
in its boundaries. Such law is in no
sense general, but wholly special, within
the meaning of all the authorities 1t
seems to US that it would be difficult to
imagine clearer case of special 1egisla-
tion."
The people of Eastern and Western
Oregon want a road that will connect
these two sections of the state. They
know that a road built over the noun
tains from the end of track on the Ore
gon Pacific would be ofinestimable bene-
fit to the community at large. 1t would
increase the mail facilities of the entire
Inland Empire to marked degree. 1t
would shorten the distance to market by
IS miles, and materially lessen the cost
of transportation. In its operation the
road would directly effect one hundred
thousand people and millions of dollars
worth of property. Amy legislation
which will directly effect one-fourth of
the population of Oregon, will indirectly
benefit the whole state. A bill appropri-
ating $40, 900, for this purpose, would be
general in its nature, not local, because
in the operation of such road, the sphere
of its usefulness and influence would not
be confined to special or specified To-
ca1ity, but would be benefit to both sec
tions of the state, and, therefore, mat
ter of general concern. For this reason
it would seem that the Til1amook road
case cited above would have no bearing
on the road in question. The GAZETTE
believes such bill would be entirely con-
stitutional, and, further, that more mer-
itorious measure was never introduced in
to the Oregon Legislature.
THERE is some talk that the legislature