The record-union., 1897-09-02
THE FOLSOM MACADAM ROAD
A POSSIBLE WAY OUT OF THE
DIFFICULTY.
The City May Build Part of 1t by
Acquiring a Small Coun-
try Park.

Commissioners Ashe and Price of the
State Department of Highways have
not yet abandoned hope Of having the
Folsom maeadam road constructed-a
highway in which the public generally
seem to be equally interested.
They had a consultation with District
Attorney Ryan yesterday on the sub
ject, and the result was the discovery
of a plan by which it is thought the
difficulties encountered a week ago may
be overcome.
The Legislature of 1889 passed a law
the object of which was to give munic-
ipalities the power to acquire public
parks outside their corporate limits and
to construct boulevards or highways
thereto, the expense to be met by a
special tax in addition to the regular
tax levy. The last Legislature re-en-
acted this law, with some changes, but
the above feature remains in force.
Section l of the law of last winter
reads: 1T shall be lawful for the
Council, Board of Trustees, or other
governing body of any city or town to
lay out, open, construct and cause to
be constructed, maintain and control
all roads, streets and boulevards which
may be necessary or requisite for the
purpose of connecting such city or town
with any public park situated wholly
or partly outside of the limits of such
city or town, of which it shall be the
owner, and to acquire by gift, purchase
or condemnation, in the manner re-
quired by the law of eminent domain,
any land or rights Of way lying be-
tween the limits of such city or town
and the exterior limits of such park.
for the purpose aforesaid"
Commissioner Price said that from all
he had been able to learn the people
of this city are in favor of paying their
share of the proposed Folsom highway
but the law stood in the way-or ap-
peared to stand in the way-of the Su-
pervisors taking any action that would
be binding on the city He then asked
District Attorney Ryan if, under the
law of the last Legislature Quoted
above) the city could not acquire own
ership of a park-say in the neighbor-
hood of Hangtown Crossing-and pay
for the work of building a road thereto.
District Attorney Ryan replied that
apparently it could do so. The law
of 1889 provides that the cost of such
parks and the construction of roads
thereto may be met by a tax levied
by the proper authorities, and under
that law the city might acquire a few
acres of land at some point on the line
of the road for park and construct a
highway or boulevard thereto If there
10 or a.
stitutionality of this law it could read
lily be tested by an action in the courts,
provided anyone wished to do so.
Commissioners Ashe and Price said
the idea was to give the city a chance
to do its share Of the road building.
which under the county road law it
could not do. The county, however,
could begin where the city leaves off
and construct the rest of the road to
Folsom. This the Supervisors of course
have the power to do.
AS to just to what extent, if any. this
plan would conflict with the law under
which the State is to donate the mater
ial for the road, there was no express
ion of views, except that it was be-
lieved that matter could readily be ad-
justed.
The Highway Commissioners said
they would be obliged to depart to-day
on their tour of inspection from Mari
posa County to Mono, and would have
to leave the matter in the hands of the
Folsom Road Commissioners, but on
their return they would be prepared
to assist in any way possible in the
matter.
District Attorney Ryan said he would
be pleased to go with the Folsom Road
Commissioners before the City Trus-
tees and explain to that body how,
under the law quoted, they might be
able, if so inclined, to have the city as
sist in the building of the proposed
road.