The Courier. (Genoa, Nev.) 1899-1904, 1900-07-20
The Tioga- Yosemite Road Can't be
Built.

people of this section:
attorney General TREY I. Ford
has rendered an opinion which IN effect
decides that the Tioga wagon read,
which was designated TO connect the
Mono Basin country with the rest of
the State, cannot be built.
During the session of the Legisla-
ture of 1899 the sum of SIS. 90 was APP
propriated for the construction Of this
road, which was TO be built nnder the
supervision of the State Highway Com
missioner and 10 become a State high
way.
The necessity for the road was IN
doubted, as the residents Of that Sec
ton are at the present time obliged TO
90 scores OF miles out of their way in
order to reach the State. but unfor-
tunately the right OF way FOR the con-
struction lies through a United states
forestry reservation.
After the appropriation for the con-
struetion OF the road had been granted
BY the Legislature. Commissioner
Nande addressed letter TO the Secre-
tary of the Interior requesting a right
OF way through the reservation. but
was refused He then applied TO the
Attorney General for an opinion as to
his Maude's) power to condemn a
right Of way, and in the meantime he
organized a surveying party. took the
field, and began the work Of laying out
the road
Yesterday morning the opinion of
the Attorney General was received,
and in substance he states that neither
the Act authorizing the Highway Com
missioner to construct the road. nor
the Act defining the general powers of
the Highway Commissioner give him
the right in specific terms, to condemn
the right of way through Federal lands.
Wherefore it would appear that the
State Highway Commissioner has no
power to exercise the right Of eminent
domain and condemn a right of way
through lands held by the United
States Government as a forest reserva-
ton.
This opinion seems to be final, and
unless more favorable reply can be
received from the Secretary of the In
terror in the matter, the survey will
have to be abandoned and the road re-
main unbuiltn
Commenting on the above, the
Bridgeport Chronicle says:
1.-THE people of this State will yet
awaken to the fact that this Federal
Reservation scheme is being carried to
too great an extent in California
These reservations are part and parcel
of our State, Notwithstanding the land
may be owned by the Federal Govern
ment, which has always held its public
lands open to settlement and public
uses which Injured to the benefit of the
several States in which they were To-
Gated but the Government has taken
from settlement by those who would
make homes, millions of acres of lands
within the confines and jurisdiction of
States, and de irving a number of the
counties of California Of revenue
they enjoyed before this reservation
craze took root A great portion of
Alpine county and from which it re-
ceived good income, has been in
eluded in the Yosemite Reservation
and the people ofsRe county deprived
Of many rights and the income derived
from them by the arbitrary rules Of the
Interior Department, if not by the laws
of Congress; and Mono county Is also
a very great sufferer Some of the
promising mining prospects of this
county are in the new boundaries of
the reservation, and by the above rul-
ing the owners Of the TiOga mine can
not reach their property or get sup
plies to their mine from this county
for the want Of a public highway.
The Mono Yosemite road cannot in
any manner be detrimental to the res
eryation, but would be a great conven-
fence to the troops and guardians dur
ing their summer residence there in
enabling them 10 obtain fresh supplies
Of hay, vegetables, grain, ETC., from
our farms in Mono Basin, and as the
State has made an appropriation to
build the road and the survey Is nearly
completed, we consider it very short
sighted and stupid in the Interior De-
partment to stop its further progress"