The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-20
COLEMAN HAS SAID.
Attorney General Claims Kansas Has
Not Any Road Overseers.


Attorney General Coleman has de-
cided that the last legislature put out
4 OF business every road overseer in the
state OF kansas. This is a fact which
VIII De OF interest to several thousand
1 OF these important officers throughout
the state. This will serve as notice
to them that they are officially dead
Inc new law which has already
| gone into effect, provides that the
township board of each township in
| the state shall henceforth constitute a
board of commissioners of highways
All the roads and highways in that
township, except roads in cities of
more than 500 population are under
the charge of the township board.
All acts and parts of acts In con-
nict with the provision of the new act
are repealed, and this is what puts the
| old road overseers out of business
Some of the old overseers have written.
TO the attorney general claiming that
they had a vested right in their of
fees; that they were elected by vote
OF the people, and cannot be ousted by
act of the legislature. It is held by
the attorney general, however, that
the legislature has the right to abolish
| any office not provided for in the con-
sututlon- It can also add or take
from the duties of any constitutional
office so long as it does not materially
alter the character of the Office.
The new law does not, however,
abolish the Offices of road overseer; it
ent constituted. Instead of being an
elective Office the position of road
overseer will in the future be ap-|
pointive, and the township board will
do the appointing. The township
board has the right to divide the
township into as many road districts
as it deemed necessary, provided that
the number shall not exceed four. It
shall also appoint a road overseer for
each of the road districts. OF course,
If the board finds that the township is
already divided satisfactorily, and that
the present road overseers are doing
their work property, it can simply
ratify the existing arrangemen ts, and
reappoint the present road overseers.
In many townships, however, there
are eight or ten road overseers now
holding office. and in such cases there
will have to be a general rearrange-
ment and decapitation.
The road overseers who are ap-
pointed by the township board bold
office for term of two years. and re-
ceive 50 a day for each days actual
service, for as many days a year as
the township board may direct. The
township board is the boss of the job,
and is held responsible for the condi-
ton of the roads in the township
All the taxes must be paid in cash,
and the money must be expended
through the township board The
board shall buy road working tools
when necessary, and it is also author
lied to let contracts for road work to
the lowest responsible bidder when it
deems advisable to do SO.
The fact that the township board is
given a fund with which to contract
for Improvement work is one Of the
important provisions of the act. On
or before August 1 of each year, the
township board is required to recon-
mend to the county commissioners a
levy of not more than 5 mills on the
property of the township. and the
county clerk is required to put this
levy on the tax rolls. When the taxes
are paid in the money is handled
through the township board