Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1905-02-17
State Aid to Roads.


order In the case of Frank A. Bonsal against
the Baltimore County Commissioners, sus.
tanning the validity Of the Shoemaker Road
law and Its constltutionality.
The decision makes available for roads
$780, 900 BY the counties, as we'll as the like
amount from the State Treasury, or q total
Of 100000. The work Is to be under the
supervision of the Maryland Geological Sur.
vey, Of which DIR. William Bullock Clark Is
superintendent and A. N. johnson highway
engineer. The enactment Of the law 10 the
result of six years Of work by the highway
division Of the Geological Survey. Already
II counties have signided their intention to
petition for State aid and the total mileage
of these petitions equals 1859 miles. All ap.
plications for the State aid must be made
before March Of each year.
The constitutionality OF the Road law was
sustained by Judge N. Charles Burke, at
Towson, Baltimore county, December IS,
1904. He decided that the ordinary public
roads belong to the State, and 1t was It's busi-
ness to maintain them, that duty being dele.
gated TO the counties from motives Of con.
venience in the administration OF road af.
fairs, and that the section of the Constitu.
ton relating to works of internal improve.
ment was intended to apply solely to State
appropriations for railroads, canals and SINH.
lar undertakings of quasi. public nature,
which we're conducted for profit.
The question having been raised whether
the clause in Section "a, Article 3 of the Con-
stitution, prohibiting the Legislature from
making any appropriation for works Of "in.
ternal improvement" does not stand in the
way of the appropriation for public roads,
the Legislature in 1904 proposed an amend
ment definitely giving the Legislature power
to make such appropriation. This case has
gone to the Court of Appeals on mandamus
to compel the Governor to submit the road
amendment, as we'll as the franchise amend
ment, to the voters Of the State for ratlaca.
ton.
The purpose OF the Maryland State Aid
Road law, Act of Assembly, 1904, Chapter
225, is to encourage in practical way the
gradual building up Of a system Of good
roads in all parts Of the State. By its pro.
visions the State offers to pay one-half the
cost Of such roads by the annual sppropria-
lion of $500 900, to be allotted among the
several counties In the direct proportion
which the public road mileage of the county
bears to the total public road mileage of the
State.
Wherever a county does not take up its
ull allotment OF State aid the balance Is to
be re-apporuoned among such remaining
counties as are ready to take mp = further
allotment in proportion to their public road
Mileage. BY this means some counties may
ecure larger sum than given In the first
GENERAL allotment.
A county may secure State aid In the fol.
owing manner: The County Commission.
ira petition the State Commissioner for aid
o build a certain piece Of road. II 1t is
ound, upon examination by the State Com
mission, that the road in question Is one of
general public convenience and a proper
,ne to construct, an estimate of the cost OF
The Improvement is made, together with
plans, specifications, ETC., for doing the work.
This is undertaken by the County Commits
sioners either by contract, or If the prices
for doing 1t Ia this manner are considered
100 high, then in other ways that they may
1eem best.
After the work is done according TO the
specifications and the State Commission has
10 certified to the Comptroller, then one.
half Of the cost Of constructing the road will
De paid by the State to the county building
he road but 10 no case is the amount paid
~ the State TO exceed one half the cost, as
hown by the estimate Of the cost Of the
work as first made by the State Com mission.
I is also provided that the owners OF two
birds of the lands binding upon any public
Dad or section Of road, not less than mile
ong, can compel the County Commission
RS 10 petition for the construction Of the
,iece Of road, provided that the owners petit
ioning have paid or have pledged 10 per
ent. of the cost. The work then proceeds
IS already described, except that the County
cannot be compelled by this
'aym mt OF 10 per cent. by property holders
o contract for work to an amount greater
han one fourth Of the road levy OF the coun.
y. This 10 per cent. subscription is option.
i with each holder Of property binding upon
he road which IL Is desired TO improve, and
n no instance can any property holder be
to bear any part Of the amount
)ledg ed.
ANY expense due TO the payment for land
hat may he necessary TO secure q proper 10.
alton for the road, or any damages that may
rise through the construction Of the road
will not be paid by the State, but must be
net by the county.