The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1903-08-19
Roberts Gives Opinion
On Control Of Roads

Un I0illTOl Ol kOduS
Attorney General J. c Roberts to-
dav addressed the following letter to
Emory A. Foster. county attorney Of
Lincoln county who had written the
attorney general for an opinion on the
rpostion as to whether the county com
missioners had tho sole control Of the
roads and the construction and main
finance. TA1 '-ttar follows.
The question presented by your let
Ter Of the 10th inst relative TO the
nower Of the board OF county commits
sioners under chapter 20 Of tae laws
Of 1903 10 yet a contract tor a road OF
highway tc be built in any township in
the county tnat they may see 1T is one
~ considerable difficulty | have noted
with considerable care the provisions
Of tho existing statutes upon the pow
ers Of tho various officers with refer
s So The building and maintaining
., roads and have also noticed the
strength Of your argument contained
In the letter above referred 20.
It certainly is true that the set OF
1908 has failed e define clearly the ex.
tent and exact limitations Of the power
OF boards of csEnty commissioners
over roads apd highways. And this
indenniteness IS made more complete
by the fact that the 1908 law repeals
the act Of 1899 which did attempt to
define with some particularly the du-
ties OF these boards in the respect in
question here. IT is also true that sec
tion one of 1908 law, makes township
trustees supervisors of ell roads with
ir their townships and specifically de-
fines their duties as such. They are
empowered to employ labor buy ma
terial ans sul,erintend the building
grading and coasTuction Of all roads
and bridges within their townships.
Compensation for this work is provided
by this section. The powers and du-
ties OF the road overseers is also de-
fined in fairly specific language and
compensation provided for them for
this work But the fact that town
ship trustees and road overseers are
charged with the duty Of looking after
roads within their respective districts
and are empowered to hire labor and
buy material for the construction and
maintenance OF the roads need not
prevent Ms from conceiving that the
legislature could. If it saw it, place
tho same duties and the same powers
upon other officers or boards The
presumption. of course. would be that
the legislature did not intend to place
the same duties upon two distinct
boards or officers but whore they have
done so in unquestiohable language
then there - no escape from holding
that both have the power granted by
the Legislature and the fact that the
powers Of one officer are duplicated
by the powers OF another would be no
reason for withholding the powers Of
either the one or the other There is
nothing ia the language used in section
! Of the 1908 act which would convey
the idea that it was the intention Of
the legislature to make the powers
therein conferred upon township trus-
tees exclusive. II is simply a grant Of
authority This grant Of authority. in
my judgment is not inconsistent with a
siimlar grant Of authority to the boards
OF county commissioners. The latter
might wen be charged with the super
vision OF all roads. generally through
Out the county while the township trus-
tee could have consistently the same
powers confined n his particular town
ship and have change solely Of the
roads within that township aud have
charge Of the expenditure af the specia'
township taxes provided by section S
OF the 1908 law under the direction OF
the township board
II grant Of authority to the boards
OF county commissioners TO LOOK after
the maintenance and construction OF