The midland journal. (Rising Sun, Md.) 1885-1947, 1904-12-23
The State Aid Road Law Declared
Constitutional.


roads movement in Maryland was won
last Friday at Towson, the county seat of
Baltimore county, when Judge Burke,
sitting in the Circuit Court, decided that
the state aid road law, passed at the last
legislature and appropriatipg $500, 900 of
state funds for the building of county
roads, can not be prohibited under the
section of the state constitution OF 1867,
which prohibits the state from appropriat-
ing money towards any internal improve
ment. This decision was made as the
result of suit brought by Mr. Frank A.
Bonsal to test the constitutionality of the
Act, by bringing an injunction to restrain
the county commissioners from accepting
and using any of the state appropriation
for the use of county roads, and the vic
tory for the road movement was the more
sweeping in that the decision of the court
was rendered without it even being
deemed necessary for Messrs. John J.
Donaldson and Osborne Yellott, repre-
senting the county commissioners, to
make any argument on the defense.
In order that the matter may be finally
adjudicated, an appeal from Judge Burke's
decision to the Court of Appeals has been
already entered, and if the higher court
upholds Judge Burke, as is expected, the
validity of the law will be finally estab-
lished and $500 900 of the state funds will
be Immediately available for county roads.
1t is important to note here that the
Maryland Geological Survey will, until
March I, 1905, continue to receive appli-
cations from the counties for their several
allotments of the state aid road appro-
priations-after this date the amount of
the appropriation not taken up will be re-
apportioned among the counties desiring
more money than their original allot
ment. 1t should be remembered also that
the counties incur no risk of expense by
applying for state aid, should the law
finally be proved unconstitutional.
Encouraged by this decision, the road
work in Maryland under the provisions
of the state aid law will 60 forward with
more enthusiasm than ever. Since the
passage of the Act the counties have been
going forward with the work until thir-
teen counties out of twenty-three 10 the
state have now filed petitions for state aid
for their roads or have signified their in
tention of doing SO. State aid for over
$50 miles has been requested and the
Highway Division of the Maryland Geo
logical Survey has been busily engaged in
making surveys for the work. More than
twice the amount of the state appropri-
alton has been applied for, ana mass
meetings favorable to the road movement
have been held in number of counties.
In rendering his decision in the case at
Towson, Judge Burke said that the pub
lie roads were the property of the state,
and that their care and maintenance were
delegated to the various counties by leg.
islative enactment, and that there could
not therefore be any question of the state
contributing to the roads. the title to
which is invested 10 the state. The pro-
hibition cited. Judge Burke said, can not
apply to the building of public roads,
which is public work. any more than to
the maintenance of the Capitol at Annep-
oils. the Governors mansion, and the
various other state institutions, and that
the apparent object of the constitutional
prohibition was to Pseyeat the extending
of aid to railroads and caasis, similar to
the appropriations made by the stats to
the Baltimore & Ohio railroad and Ches-
apeake & Ohio canal
Because of a doubt that existed last
winter as to the constitutiona!ity of direct
appropriations for good roads, the legis-
lature passed constitutional amendment
sGbmitting the question to the vote of the
people. This, like the Poe DISTINGUISHING
amendment, was got signed by Governor
War6eld, and the question whether these
two amendments shall 60 on the oAcial
ballots next fall is now before the Anne
Arundel County Court of Appeals. In the
meantime if the Court of Appeals upholds
Judge Burke, there will be no necessity
for the adoption of the constitutional
amendment, although Of course the
amendment will as matter Of form be
submitted to the people if the eourts de-
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