The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1903-08-19


roads can be found In our statutes do
not believed that the grant Of authority
10 the township trustee could be taken
10 be Inconsistent herewith.
This grant Of authority believe ex-
lists to The fullest extent in boards of
county commissioners in this territory
land exists by virtue Of running sec
tion 1405. wilson's statutes, the por-
hon Of which applicable is quoted here
with:
"A. To contract and repair bridges
ard to open. lay out and vacate high
ways. and to condemn OF purchase
right of way for the same, etc
Also section 5, article 1, chapter %
o fthe laws Of 1903:
"sec. s. The board of county com
missioners may levy general road
and bridge YAK on all taxable property
An such county not to exceed six mills
on the dollar Of such taxable property
and in the discretion Of the board OF
county commissioners in the building
OF roads and bridges in any portion OF
such county according to the proyis
ions of this act"
Board OF county commissioners are
arst given power by section 1405 to To-
cate and lay out highways and by the
above lection 8 are granted the power
To expeAa the general road and bridge
fund as they see fit subject alone 70
the provisions Of the 1908 act You
say truly that the letting of contracts
for bridges is hedged about by the
1903 law with a great many provis-
ions. but that these provisions apply
alone to bridges and not to roads.
There are 1 believe certain provisions
of this act'' which must be followed
in the course Of construction of roads
For Instance, those contained in sec
ton Q of the act. but if there were
none. can not believe that that fact
would defeat the power of the board
OF county commissioners to expend the
fund. If there were no limiting pro
visions in the act, then the only limita-
ton upon expenditure Of the general
road and bridge fund would be remov-
ed and instead Of the discretion of the
board OF county commissioners in the
expenditure Of the .tund being limited
by the provisions OF the act then the
discretion of the board in IFS expendit-
lure would be absolute This language
used in section certainly must be
construed TO give the power to expend
the road and bridge fund as the board
Of county commissioners sees ft pro-
vided that it be used for the construe-
tion of roA,s- and bridges within the
county Of their jurisdiction.
Having IN power to expend the
money at their discretion they certain
Ily would have tho power to say where,
when, and in what name II should be
expended in the construction of roads
and bridges and It seems to me to fol-
low as necessary incident to this
right of expending money that they
should have the right TO lee contract
for the erection Of maintenance Of any
road anywhere within the county lin
it's, that the board saw ft. Section 8
of the 1908 law empowers the board
of county commissioners to enter into
agreement with township boards
whereby money may be appropriated
from the county road and bridge fund
for the purpose Of constructing or i'm.
proving any road or bridge in said
township This again is not a grant OF
power in expenditure of road and
bridge fund to the exclusion Of all
methods Of expending it, There still
remains a broad grant of power refer
red to in section that they may ex-
pend this money as they, in their dis
erection. may determine
In short, it is my opinian that the
power to open and lay out roads. coup
led with the power to expend the taxes
appropriated to the road and bridge
fund. "ln the building Of roads" car
ries with 1t the power to do all things
incidentally necessary to the discharge
{ lof the main power and | am not Ia