The record-union., 1897-06-30
CONCERNING THE ROAD LAW
THE NEW ACT IS PUZZLING
DISTRICT ATTORNEYS.
Letters Received by the State
Highway Department
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About two weeks ago the Department
of State Highways sent to each OF the
Boards of Supervisors in the State cop
les of a circular letter requesting them
to forward copies of any opinions on
the now existing road laws given by
District Attorneys of the several coun-
ties.
Replies to the letter mentioned have
already commenced to come in, and
the methods taken by some of the Dis
trict Attorneys to keep within the pur
view of adj the apparently conflicting
road laws are, to say the least, IN
teresting. Alvin Fay. District Attor-
ney of Kern County, has this to say:
Il hold that under the law the
Boards of Supervisors have no longer
anything whatever to do with the
maintenance of highways, but that the
whole control went to the Boards of
District Trustees provided for in the
(Clarke) law, and have advised our
board to do nothing in the matter of
highways until we receive the opinion
of the Attorney General, TO whom the
matter has been referred. If l am
correct in my Interpretation of the law
it will be an absolute failure in our
county, and our highways cannot be
maintained under it.
The law provides a compensation of
SO per year to Road Trustees, and re-
quires that each member shall so eVet
the entire road in his district at least
once year There are five road dis
tricits in this county, and in four of
them it would require from LOCO to
/ 800 miles of travel to go over all the
roads, and / do not believe trustees
can be found to undertake the posi-
tion."
Frank r. Devlin, District Attorney
for Solano County, proposes to seem
ingly comply with all of the different
laws, while in reality the whole mat
ter lies in allegiance. Among other
things, he says:
Il have advised the Board of Su-
pervisors of this county to the effect
that under the present circumstances
and the uncertainties of the road law
it would not be advisable for them to
proceed with road work advised
them, however. that l deemed it safe,
while awaiting the decision of the Su
prerne Court, to proceed with the fol
lowing plan:
Have a petition signed by fifteen
taxpayers in each road district, re-
questing the appointment of three
Road Trustees in each district, to fill
vacancies; appoint such persons upon
the Clarke law; have the trustees con-
tract for road work as provided by
the petitions being filed, and have them
qualify and organize as required by
the Clarke law, and the Road Com
missioners (Supervisors) contract for
the same work at the same price, and
with the same persons; have the claims
presented by the persons doing the
work or furnishing material filed with
the Board of Supervisors in accordance
with the provisions of the Clarke law,
and also have them file claims in ac-
cordance with the former law, ap-
proved by the Road Commissioners.
TT seems to me that this would be
avoiding personal responsibility of
both Commissioners and trustees, as
in either event the law would be COM
piled with, should the Supreme Court
sustain or hold invalid the new law
There are so many uncertainties"
the communication concludes, "of con-
struction and Interpretation of the
wise our board to await the decision
of the Supreme Court, unless they see
fit to adopt the plan I have outlined
above, to provide for emergency work.
Probably one of the strongest letters
received up to date is that written by
Joseph Larson, Chairman of the Board
of Supervisors of Alpine County. Mr..
Larson is an attorney, and his meth
cd of marshaling statements is rather
out of the usual line. Among other
things he says:
1T is indeed regrettable that the
principles and recommendations made
to the Legislature by the Bureau of
Highways were not adopted by that
body The new law is an idiotic con-
glomeration. 1t is putting things back
where they were years ago. Where
win we find the practical business man
of sufficient intelligence to build or
work roads. The man of business would
not be bothered with a trust eeship at
$50 a year You can't force an office
on man, and that is the end of it."