The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-06-06

Clark law. but adhere to and care for
ment Act passed and approved on the
same day with the Clark law-until the
courts decree otherwise.
Let our contemporary, which runs on
at a terrible rate about the danger of
our preaching and dwells with aston
ishment expressed upon the position of
this paper-let our contemporary clear
ly understand the matter. The Su-
pervisors in Sacramento County are
in possession of the roads and road
machinery of the county and control
the road funds. They are now caring
for, sprinkling and repairing the. roads,
and are building some important ma
cadam roads, which are now in the
very midst of construction, and if
abandoned in that state must go to
ruin
The Supervisors have the County
Government Act for their guide, war
rant and authority. Another Act strips
them of road control But it is
question which of these laws is opera
tive or whether they can be construed
Together. The Attorney General has
| expressed an opinion upon the subject,
but has advised that the issue be tested
in the courts.
The County Government Act gives
the Supervisors power to lay out, build,
repair, sprinkle and care for all roads
district boards to have charge of the
roads, and these districts are many,
and in each there is to be a salaried
road officer. Each district is independ-
ent and supreme and can build roads
wholly regardless of their relation to
roads in other districts in the same
county. There is a lot of impracticabls
machinery provided for the road care
that could have had birth only in the
fancy of a theorist with visionary no
lions about the virtue of district gov
eminent.
But the author of the law forgot to
provide for the election of the first
trustees in each district, and the law
went into effect, if at all, thus handi-
capped, June LIST, with no boards organ
| lied, no officers selected to care for the
roads this new law is supposed to have
| become effective. The Attorney Gen
eral being appealed to held that the
| failure to provide for a first election
created a vacancy in Office that the
Supervisors have the power to fill and
that they should do so. But he added
that the issue should be brought into
court and tested at once
Now conscious that to attempt to set
up new road government in the midst
of the summer season and leave the
roads uncared for during the weeks if
not months it will require to put this
new device into operation, means ruin
to newly improved roads and worse
condition for old lines and absolute
stoDpage of road work and mainte-
nance, especially sprinkling, at the very
season of all others when the need for
work and care most presses, the Rec
ord-Union" advised that the Supervis-
ors refuse to act under the Clark law,
appeal to the courts. And this the
| Democrat" declares is notification,
upon which it comments at length and
roasts the Record Union" as an aside.
| &c lou in ha
| ord Unions" advice whatever. 1t ad-
vises simply that the counties hold fast
to the law they have until the courts
decide that the Clark law supersedes it.
which law is binding. Both cannot be,
as they are Numerically opposed,
thanks to a laundering Leg1s.satt ure and
a mistaken Executive who put the bills
into the category of laws on the same
day. That the Record Unions adj
vice is considered sound is evidenced
by the fact that in no county as yet
have the Supervisors given up their
offices as road conservators: in no
county as yet is there even suggested
the possibility of the Clark law going
into force and of the present system
being abandoned. On the contrary, all
are awaiting the test case to go up
from Alameda County. That is precisely
the right thing to do-do nothing, re-
fuse to appoint district trustees until
it is settled by decree of a competent
and overturns the enactments under
which the county road systems are now
conducted.