The Monticellonian., 1901-01-11
The House Committee Provides For the Construction of Locks and
 Dams On White River.
NEWS OF THE WEEK BRIEFLY STATED.
Madison GouIdsby, Arrested At Helena On n aCharge of Bigamy, Escapes Punish ment a TechnicaIity Tn the Law Providing for That Crime.
Road Law Construed.

Attorney General Davis throws the following additional light on the road laws in answer to questions propeund- ed:
 Do incorporated towns have to pay the three mill levy for the same pur- pose or for keeping up the streets?'
 Answer. The law approved May s, 1882 relative to the three mill levy, is independent of any other road law in operation in this state The five mill levy for working the streets in the in- corporated towns is made so by the council. Of course the council that made this law has the power to repeal it, if they so desire, or they could, if the three mill tax has been voted by your county, reduce the five mill levy in the town for work on the streets to two mills this two mills plus the three mills under the general law would still give them five mill tax for working the roads, with the conditions and ex- captions hereinafter mentioned. But the incorporated towns, if the county ldS NOlCA JlAt VII W mn IOhu btihs W III have to pay the tax just as any other distrie twould.
 Does the township read overseer work the streets of incorporated towns?n
 This question naturally suggests it's self on account of the act of March 9 1899, which is an act making each township into a road district and hav ing the county court to appoint for each township the township road over seer. Now, under the act of May S. section 13, 1t IS provided that the coun- ty court shall appoint and employ an overseer of each road district of the county for the term of one year. See tion of the act provides that the county court. together with majority of the justices of the peace, shall di- vide the county into as many road dis, tricts as they deem most advantageous for the purposes of the act.
 Now, under thIs provision q town might be put into q road district by itself, or it might be put into | road district consisting of township. or t might be put into road district with such surrounding territory as the court and justices may deem proper; in other words they have the power ana dlscre= tion of putting a town in or out of district as they please. If they put the town into a district by itself of course the town reaps the benefit of the three mill levy to itself, but if they dc not. such country as Is embraced in the district reaps the benefit of the levy. And also under this act they may ap- point an overseer Now they could ap- point an overseer who was appointed under the act of March if they want to or could appoint some one else; therefore, if they appoint some one else there would simply be two overseers. But the overseer under the act of May swould only operate under the three mill levy and the other overseer would operate under the other levy, whatever 1t may be
 Can he take men out of the incor- porated town and work them on the county road?"
 If acting under the act of May <, as far as the three mill levy is concerned, he could; otherwise he could not.
 Gould person residing in an in- corporated town take position as overseer and work the county road. and he being over the age for road ser, vice?n
 Yes, if he so desired to do.