The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-10-25

The law under which the board of
county commissioners have been build
ing and repairing both town and county
roads during the past summer was de-
clared unconstitutional by Judge Bum
yesterday, who asserted In the most
emphatic manner that the law was
class legislation.
Under Judge Bunn'S ruling. which
is very sweeping, the county has no
power to expend money for repairs on
town roads, neither has it the right to
expend the road fund for anything ex-
cept permanent repairs on country
roads. This means that there will be
no more patchwork ION the roads
throughout the county.
The ruling made by Judge Bum yes
terday also declares Unconstitutional
that section of the 1903 law which pro-
vides that all road work done at a cost
of more than 5000 must be done by con-
tract
The decision, If upheld, means a rev.
olution in the system of caring for the
roads running through Ramsey county.
The decision was made after the
court had heard arguments in the case
of Philip Gilbert against the board of
county commissioners, a suit in which
the plaintiff sought to permanently en-
join the board from expanding money
from the road and bridge fund for re-
pairs VA Lake avenue, ROAD WHICH
runs from the village of White Bear to
Manitou island, on the north shore Of
White Bear lake.
Mr.. Gilbert, who owns home abut-
ting on the road which it was proposed
to improve, objected on the ground
that the present road should be vacat-
ed and another built nearer the waters
edge of the lake.. II "
Ina EixSz
The road was properlya town road,
but the commissioners had agreed to
pay one half of the cost of the repairs,
it being understood that White Bear
village should pay the other half of the
expense. Under the ruling of the court
the old road cannot be repaired, neither
can the county expend any money upon
sired by the property owners on the
Jake shore. ~ $50
Judge Bum describes the law under
which the county board has been re-
pairing roads this summer as special
legislation of ffie1rahiSesf kind
The act is one passed, especially for
Ramsey county and provides for a "coun-
ty road and bridge fund and regulation
of the expenditure thereof in counties
having population of 10000 inhabit-
ants and not more than 10000 inhabit-
ants"
The section of the law under which
the commissioners have been working
during the past summer, While expend-
ing the county road and Ridge fund
for repairs upon town roads, reads x
Fhe county commissioners of such
countless may expend such sums@of
money, as they deem advisable. in the
Improvement, construction OR repair OF
any road in any city or village in such
county where such road inters9ets with
or forms continuation of3any county
road; provided, that the expenditures
Tor the purposes mentioned ia this sec
ton snail not exceed in any one year
total of fifth of the entire road
and bridge fund raised by taxation for
that year. @j.sg- ,Hfs,s 1@1ats SIC
Will Affect Next Years Work.
While the decision. comes too late
to affect the road work to any consid-
erable extent this year, it will result in
an entirely different method, of expend-
ing the road fund next year and in
years to come so long as the present
law is in force. eaah
The $500 road and bridge fund for
1903 is already almost expended, there
being but $4,000 to be. disposed .of,and of
this amount contracts have already
been. let for something like $4,000. 1T
is estimated that on account of the
failure Of persons to pay their taxes
another $4,000 will have to be deducted
from the total amount, which leaves
only about $1,000 to be expended this
year.
This amount and more, too, will be
necessary for emergencies which might
arise at any tineeeso sthes decision of
the court will not be felt this year.
While the county attorneys office is
not 80 we'll pleased with the ruling
which makes it UNNECESSARY for the
board to advertise for bids, where the
work amounts to more than 5000, there
is considerable satisfaction in the
knowledge that the board will not be
permitted to waste any)more of the
county's funds on patchwork, which
has cost the county many thousands of
dollars this year, with nothing now to
show for the expenditures1
1t is not probable that the decision
of Judge Bum will be appealed to the
supreme court unless some members
of the county board who are known to
be radically in favor of the patchwork
system carry it up themselves. The
ruling, as a whole, is satisfactory to