Daily camera. [volume] (Boulder, Colo.) 1891-1928, 1899-05-19
@A[PAB[E ERRORD[NEY 70 START
FUND STILL AVAILABLE


Henry Drsnm Claim. That Buehasa.
Pace Appropriation DID Not Lapse.
Editor Camera: A despatch in your
paper of Monday evening last. to the ef-
feet that the appropriation OF 1906 for
the construction Of the Buchanan pass
wagon road had lapsed. came as a thun.
defbolt in clear sky. After some con.
sideration Of the subject, am inclined
to think there Is a mistake somewhere
and that The appropriation is still avail.
able. Let Us see what the status is.
Tie bill OF 1895. after stating the
amount appropriated for the road. $50.
ooo) describing the route. and naming
the ofhciale who should super;ntend its
construction. sets out the following con.
di,ion: crowded, That if on making a
survey and estimate OF the cost of said
wagon road. 1t IS found that the amount
herein appropriated is not sufficient to
complete the said wagon road. then no
part OF the appropriation herein provided
for it shall be used. excep, so much there
of as shall be necessary TO make such
survey. unless the board OF county com
missioners or other responsible parties
of said Grand and Boulder counties shall
agree to fsrnish the amount required in
excess Of this appropriation. and shall
furnish 70 said commissioners satisfac
Vorv .vtAAore tb., s,-h ro1o>u eh,n ~
forthc omiAg on demand of such commits.
sioners OF the contractor. on the compile
ton of such wagon road"
Soon alter the passage OF the bill 4
survey and estimate was made and the
cost found to be about thirty thousand
dollars. The appropriation was of course
insufficient and the road could not be
constructed until the counties or private
individuals should make up the dehcien
cy. But there is IN the bill no limit as
to time in which the deficiency may be
made up. That bill is Law and has not
been amended nor repealed. 1t must
still stand unless some other statutory
provision o. rule of law declares, after a
certain time. forfeiture. But NO such
statute OF rule seems to exist Further.
more there ought to be some judicial as
certainment Of the failure of the counties
and citizens to act upon the proposition
that If they made good the deficiency.
the road would be built. But so far as
is known. no such judicial action has
been taken. The auditor in relation to
this matter. is a mere ministerial officer
and could not Jud,ciallv inquire into it.
The legislature doubtless could take
such acton. but instead OF so doing, It
has done quite the reverse, for in its ap
b,li Vt this year it employs
these words: That IN ADDITION to the
amount appropriated BY act approved
April y 1895. for the construction Of the
road herein described. there is hereby
the further sum of seven
thousand Ave hundred dollars" etc.
Thus it is seen that the Legislative intent
is directly opposed to the theory Of =
lapse and by its reafirmance. so to
speak, OF the law Of 1895. has removed
all doub, Of its view as to the continue
ing force Of the earlier appropriation.
II this reasoning is correct. then there
is sixteen thousand dollars Immediately
available for the construction of the
road.
Probably n you suggest some con.
certed action in reference to the building
Of the road should be taken by our peo-
pie. We want this road. We must
have it We can have it if we will. And
rs there seems no other way than BY a
mass meeting to get committee with
public sentiment behind ia body of
persons who feel that they have the
strength Of our people to second their ct.
forts-l. for one. am in favor OF such
meeting. What is everybody's bus,nes.
is nobody's business and until we make
it somebody's business. probably the en-.
terpr,se will move slowly or not at all.
The ball ought to be started rolling by
the state engineer and the chairmen OF
the boards OF county commissioners Of
the two counties. for the Law authorizes
them to super,ntend the construction Of
the road. However a citizens commit.
tee can do no harm and may be able to
do much good HENRY A. DRUM.