The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1900-01-31
Mr.. CLEETON
HAS HIS SAY
Says Three Roads" RemOn-
strance Doesn't Count.
BUT RAISES POINT OF HIS OWN
-s---s-aa-~--
Final Action In the All-AbsOrbing
Question May BE Taken by the
County Court Today.
BUT RAISES POINT OF HIS OWN

There Is now little. II any. doubt as
70 what Will be done with the three
roads petition. IN all probability the
whole proposition sill come up before
the county court some tine this after
noon and be disposed Of. There is a
bare possibility Of action being de-
fefred until tomorrow morning. owing
90 the work Of checking OF the names
being unfinished. but as there are only
about 500 more 10 examine as TO quail
icatlon, II Is believed that final dlspo-
sition oy the matter can be made before
the night adjournment Of the court.
~ the matter stands nov there Is
every reason 10 believe that the county
court will act fayoraDly upon the petit
ton as the opinion Of the district at
torney brushes away any obstacles
that may have arisen through the III
ing Of the remonstrance.
Attorneys differ as to whether peti-
tiOn. thoroughly competent and meet
ing al the statutory requirements. rem
ders IA, orable action by the county
court compulsory or optional. How
ever. this point Is Of no consequence as
II is generally understood that the
commissioners are individually in favor
Of granting the petition and proceed
ing to make the levy OF FIVE mills for
the specific purpose OF carrying out the
work designated.
This done, the next thing on the pro-
gram viii be the appointment OF the
necessary road commissioners and,
later, the selection Of the kind of ma
terial to be used In the construction
OF the road. This viii be determined
largely With reference 10 the relative
adaptability Of the various materials
10 this soil and climate. The relative
cost. too, viii be considered. Light on
this point viii be obtained through the
solicitation Of lids from contractors.
We give below the full text OF Dis
trict Attorney Cleeton's opinion:
In accordance with your request for
an opinion OF the validity OF a certain
petition for county roads TO be con-
structed IN Clatsop county, l Will say
that. not being acquainted with GER
tam essential facts. | win state my
opinion alphabetically. The matter In
the shape presented Is somewhat diff
cult and has not been passed upon by
uut courts. The objections, as l am
informed, are. first. that sections 224l-2,
page 1914 do not apply TO county roads.
This objection is not well founded.
They certainly do refer to county
roads. Highways. used in this connec-
toin, mean public roads, which, of
course, means county roads. or this
/ think there can be no reasonable
doubt.
AS TO the second objection that
there should be three separate petit
tions. | think that the petition setting
out the description OF the three roads
separately but upon piece OF paper is
sufficient.
Under the statute as to the third
objection that the roads are not de-
slgnated as county roads. | think is
equally il-founded 1t is true the pc
tition does not say in direct words that
the roads described are in Clatsop
county and are county roads, but il
says so by implication. Ii mentions
names of places as starting points well
known TO be wholly within the county
and II seems, could hardly be con-
strued In any other way.
This disposes of the three objections
that have been urged in the remon-
STRANGE.
There is to my mind a more serious
objection than either of those mem
toned, and one upon which entertain
grave doubts. This statute embracing
sections 22il-9 certainly applies TO
county roads. hut does II apply to roads
laid out and established, or does 1t ap-
ply as we'll to roads in contemplation.
This seems to me the difficult question.
"Ic these roads described in the petit
tion are already laid out and estab-
lished. then it is my opinion that you
are within the law and are warranted
ia making the levy. II the roads de-
scribed are not laid out then the ques-
tlon arises; Can they be laid out in
the way asked for in this petition. The
statute gives specific directions how
county road may be laid out and il Is
hNuuAAui IL NhNAN 10 any uNIlcI
way, The expression construct
used in the statutes might, on
a liberal Interpretation, apply
to roads not yet located So, to
conclude, will sum up by saying that
Il your roads are laid out and estab-
lished-that is, located-your levy will
be valid. If they have not been laid
out but are wholly in contemplation,
] think the safest WaV would ha IN law
them out, according to law, and then
proceed as YOU have. Yet, l viii not
say that | am certain | am in doubt
ON that point. inclinlng as much to the
one side as to the other"