The San Francisco call., 1898-02-25
SETBACK FOR
 GOOD ROADS Projected Folsom Boule- ward May Never Be
 Constructed.
An Opinion by Judge Dillon of New York Exercises the
 SacranentanS
He Declares That Supervisors Have No Authority to Issue Bonds
 for Such Purposes.
Special Dispatch to The Call.

l SA1RAM IO, eD. 1t.--<ALtci the fuss and fighting and furry, after all the troubles and trials and commo- l tion, after months of hard work and incessant labor, after hotly contested campaign and days of anxious waiting, | the news comes at last which will in all probability result in the Folsom boule- ward project being naught but a fan tasy and dream. Worse than that-a nightmare to many who have spent money, time and energy to the end of an ignominious failure.
 From the very start there seemed to be some kind of hoodoo lowering over the scheme to build this twenty miles of State road. The District Attorney of Sacramento County first came out with an opinion which proclaimed some constitutional barriers. The Attorney | General then took a hand and removed the Ryan obstruction. When the cleo ton was all over, the States legal pilot found what he termed another blunder on the part of the County Attorney, and thus the sore between them could not be healed.
 Now it appears that had the District Attorney stayed with his original con- tention and had the Board of Supervls- ors taken his first advice instead of the Attorney there would have been a great saving to the people of Sacramento of time, money, worry and excitement.
 The proposition to bond the county for S75, ,O00 to build a model highway to Folsom. which the State would ever after keep in repair at it's own expense, was carried by a vote of seven for the bonds to one vote against them. h. side the city limits the vote was eleven tc one Never before had the people of this county voted more overwhelm- ingly in favor of improvements.
 When the time came to sell these bonds there were plenty who seemed anxious to purchase them. The best bid was from N. w. Harris & Co. Of Chicago, the bid being S76,012. The next highest bid was from D. o. Mills & O., being about $500 premium on the entire issue. The bonds were awarded to Harris & Co.,, and their agent. H. c. Barrol. arranged with the Peoples Savings Bank for the money, but asked for time in which to send all the papers concerning the bond issue to the firm S attorneys in Chicago.
 Last Saturday word was received from the Chicago attorneys expressing doubt as to the validity of the bonds and requesting further time, stating
 
 Judge Dillon of New York, who has a national reputation as a bond expert. Late yesterday afternoon word was re- ceived from Judge Dillon to the effect that Supervisors have no power to is sue bonds, and that property of muni- cipalities cannot be taxed for county road purposes; that the county cannot issue bonds for county roads purposes and make the property of municipali- &.z 1;al l@l e, h4 Uo l,i Ind cro Dillon sustains an opinion to the same effect given by District Attorney Ryan on August 27, 1897, and overrules an opinion given by the Attorney General in the case on September 26, 1897.
 The Supervisors had asked District Attorney Ryan as to their powers to issue bends for county road purposes, and Ryan had replied that municipali- ties could not be taxed for such bonds The Department of Highways was not satisfied with this opinion and re- quested an opinion from Attorney General Fitzgerald. Fitzgerald's opin- ion was adverse to that of the District Attorney, and on the strength of it the election proceeded.
 In a subsequent opinion the Attorney General stated that the bonds might possibly be declared illegal, as the de- nominations of the bonds were not named in the proclamation.
 Judge Dillon in his opinion says that there is nothing whatever in this objec- tion; that the sole cause of invalidity lies in the fact that municipalities can not be taxed for county road purposes.
 The Supervisors met this afternoon. in company with H. c. Barroll, and it was agreed to take the matter imme- diately to the Supreme Court. Until an opinion is received from this tri- bunal the people of the county need not lose heart entirely. There is yet chance that the Supreme Court will de- clare the bonds valid, in which event the firm of N. w. Harris & Co. have agreed to pay over the money. It may be that there is something in the point that the Folsom road will be a State road and not a county road, and it may be that the laws of California are capable of more liberal interpretation than those of New York. However this may be, it is probable that a final de- cison will be forthcoming in a short time, and until then there is nothing to do but to hope.
 The effect of Judge Dillon's opinion, if sustained by the Supreme Court, will be to put a sudden stop to good road building in the State. San Mateo County is now on the eve of voting to bond the county for $300,0O0 to build good roads, and this election would, of course, be called off.