The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-01-11
THERE ARE NO OBSTACLES.
THE FOLSOM ROAD PROPOSE
TON rs SAFE.
Acknowledgement Fitzgerald Sub
mits an Opinion to the Conn
missioners.

Attorney General Fitzgerald has
given a written opinion to the FOLSOM
Highway Commissioners regarding
matters on which the members OF thal
body desired information and advice.
The Attorney Generals letter is IN
response to a series of questions sub
United to him touching the legality OF
various points affecting the proposed
work, the nature of which the Commls-
sioners say, they do not wish to make
public.
1t can be stated, however that IN
the opinion of the Attorney-General
there is no legal obstacle in the way OF
she accomplishment of the work for
which the people of this county, by an
overwhelming majority, voted SIo,O0O.
The delay in starting the work has
been caused by the discovery OF the
fact that there was no money avail
able for defraying the expense of OPP
Grating the State Prison rock-crusher,
as the material for the road is to be
given free of cost. The only way this
can be overcome is by the creation OF
"a deficiency of some $4,000 in the
prison appropriation. This must be
done by the Prison Directors first
agreeing on the expediency of such
action and then applying to the State
Board of Examiners for permission to
create the desired Indebtedness.
The opinion just given by Attorney
General Fitzgerald deals largely with
these details and the methods of pro-
cedure necessary to make the action OF
the boards legal and binding. 1t also
refers to matters relating to the ordi-
nance passed by the Board of Supervis-
ors governing the issuance of the
bonds. and this portion has been re-
ferred by the Commissioners to District
attorney Ryan.
Mr. Fitzgerald states that it will not
be necessary for the county to deed the
road to the State. Deeds to the county
of the right of way is. he says. all that
is required.
The Attorney General, who is a mem
Der of the State Board of Examiners
is known to be favorable to the def
cheney proposition, as also are Governor
Budd and Secretary of State Brown
the other members of the board. The
latter, however, is a very sick man, and
there is no telling just how soon he will
be able to attend a meeting of the
board. The consent of that body must
condition improves sufficiently to at
tend a meeting the necessary action
will doubtless be taken to enable the
work to be started.
The present delay is very vexatious
Under the special law providing fol-
the building of the road the work must
be completed this year, and the engi-
neers say there viii be no time to spare
The lines must be surveyed. the grades
established, contracts let, and men and
teams secured before any actual work
can be done.
This afternoon the Board of Super
visors will meet for the purpose OF
considering matters in connection will
the sale of the bonds. It Is understood
the Supervisors are opposed to having
the bonds bought up by the States
school money for the University Re
gents lend the money in the schoo
fund on mortgages, and every sucl
mortgage escapes taxation under tn,
ruling of the Supreme Court, which in
ferprets a loan to be an investment
Loans of this kind have been mad,
here, and thousands of dollars thus tax
en- from the legitimate revenues of tn,
county.