The San Francisco call., 1897-05-14
NEW ROAD LAWS
Of THE STATE
4 Very Important Opinion
by the Attorney
General.
The County Supervisors Must
Put the Machinery Into
Operation.
Trustees Must Be Appointed for th e
First Term and Elected
There after.

Since the last Legislature enacted law
for the establishment of uniform system
of road government and admins tration in
the State the road overseers, Boards OF
Supervisors and District Attorneys all
over California have been entirely at sea as
to how to put the new law into operation; !;
also if put into operation whether it will
or will not conflict with certain provisions
Of the county government act passed at
the same session.
In order to become enlightened upon
these matters the puzzled officials have
appealed to the Attorney General OF the
State for an opinion and Interpretation OF
the TWO laws. Letters of inquiry have
poured into the Attorney Generals office
from all parts of the State, for there is not
a single county, excepting that OF the City
and County Of San francisco, tut that IS
interested.
In reply to these inquiries Attorney
General w. F. Fitzgerald has written two
opinions which deal with nearly every
point not understood. His opinion, which
W i'll be of interest to every public officer
in the State, IS here given in full:
B. A. Herrington Esq, District Attorney Of
Santa Cara County, San Jose, CGl.-DEAR SIR:
l am in receipt OF your favor OF the lst inst,
in which you refer to an apparent con .ct be-
tween the county government act ana ali act
to esta blish Uniform system OF road govern
ments, both of which were passed by the last
Leg1slatur and. in which you request me to
give you my opinion upon the following ques-
tions: "First-Can the two acts exist together?
Seeond-If not, which act Will govern as to
road matters? Third-Must we hold elections
this year for Road Trustees?'
First and second-I am OF the opinion tina t
there is no serious conflict between the two
acts in question, and that it clearly the
intention of the Legislature that the act for
the establishment OF uniform system OF
road government should prevail Subdivision
4 OF section 25 of the county government act
(tho section which relates to the general per-
manent powers" of Boards of Supervisory pro-
vides that such boards shall have jurisdIc ion
Ito lay out, MAINTAIN, control, construct, re-
pair and manage public roads, turnplkes. fer
ries wharves, chutes and other shipping facil-
ities and bridges within the county, unless
otherwise provided by law"
The saving clause, "unless otherwise prc-
vided by law" was in my opinion, placed
there for the express purpose of meeting the
question now under consideration. In draft
ing the county government act its trainers
could not, of course, anticipate the probable
action OF the Legislature upon the road law
which was pending before il. Therefore, they
naturally made provision in the county gov
ernment act for system of road government
under the supervise on OF the Board OF Super
visors, 10 be effective Hunless otherwise pro-
vided by law''-that is, unless the special act
for a uniform system of road governments
which was pending before the Legislature
passed and met with the approval of the Gov
ernor. Furthermore, the two acts were passed
on the same day and go into effect at the same
time. They are, therefore, in paria materta,
and, so far as they concern the same subject
matter, must be read together il parts of
the same act. (Endlich on the Interpretation
son, 80 Cal, 427-43O). subdivision 2 of sec.
ton % of the road act provides
That all powers and duties by this act conferred
upon road districts and their officers which are by
any law enacted prior TO and existing at tue time
of the taking effect of this act, conferred upon
road over seers, road commissioners, Boards
Of supervisors or other officers, shall be deemed
Withdrawn by this act rom he officers list above
named and conferred exclusively upon ROAD dis
tricts and their officers.
From this, although 1t pur ports to relate to
laws enacted prior 20 and existing at the
time OF the taking effect" of the road act the
legislative intent is apparent, and reading it
in connection with the saving clause, ''unless
otherwise provided" in the provisions of the
county government act, above quoted, there
can be no doubt that the road law and not the
county government act must control wherever
the two are in apparent conflict.
Third-In reply to your third question in
close you q copy of an opinion this day re-
ferred By me to The District Attorney of San
Bernardino County. Respectfully,
w. +. FITZGERALD Attorney-General.
F. B. Daley, Esq. District Attorney Of San
Bernardtno County. San Berndrdtno, Cdi-DEAR
date relative to "An act for the establis hmenI
of a uniform system of road government and
administrator in the counties of the State of
California" approved April l, 1897, in which
you ask ~ Will such law be operative after
June 1 next, and (2) if so, how 1t can be put
into operation?
First-As there is no provision in the act IT.
self as to when it shall take effect, it goes into
force "on the slxtieth day after its passage"
(section 323 Political Code) that is on the
sixtieth day after April /, 1897, which is May
81, 1897.
Second-Your second question is one of ex-
treme difficulty, and II can only be freed from
the doubts which surround it by decision
OF the Supreme Court which, in view of the
public interests involved, should be oh tanned
as speedily as possib
/ an, however, of the opinion that 1t WAS
the intention OF the Legislature that the act
should be put into immediate operation
Effect must be given to that intention if il Is
possible to do so. The chief difficulty arises
from the fact that there is no express author
fty conferred upon any person board 10 put
the machinery OF the road government p-e-
scribed by the act in motion. An annual elec.
tion OF road trustees is provided for, but the
entire machinery ot such election is placed in
the hands of the road trustees themselves
who are officials created By this act, and for
the appointment or election of whom In the
first instance express provision is made
The "last Saturday OF May Of each year. is the
time fixed By the act for holding the an nual
election of road trustees. The last Saturday
OF May of this year falls upon the 29th and
as the act does not take effect until two days
later, the 3lst, IL is. OF course, impossible to