The citizen. (Frederick City, Md.) 1895-1923, 1905-02-17
STATE AID TO ROADS
ACT OF 1904 UPHELD BY
THE COURT OF AP-
PEALS.
The Counties May go Ahead
and Avail Themselves of the
Annual Approp ria tion of
$500, 900 to be Allotted to
Build up a System of Good
Roads.


day handed down an order in the
case of Frank 4. BonSal against
the Baltimore County Commits
sioners. suStaing the validity OF
the Shoemaker Road Law and its
conStitutiouality.
The decision makes available
for roads 5000, 900 by the counties,
as we'll as the like amount from
State Treasury. or a total of 800,
600. The work Is to he under the
supervision of the Maryland Geo
logical Survey, of which DR.. Will
liam Bullock Clark is Superinteu
dent and \. y. JohuSo1 highway
engineer. The enactment of the
law is the result OF six years OF
work by the highway division OF
the Geological Survey. Already
IL counties have Signitied their
intention Is petition for State aid
and the total mileage of these
petitions equals lj9 miles All
applications for the State aid
must be made before March of
each year.
The couStitutionality of the
Road Law was sustained by Judge
n. Charles Burke. at TowSon.
Baltimore county, December Is,
1904. He decided that the ordi.
nary public roads belong to the
State, and it was its business to
maintain them. that duty being
delegated to the counties from
motives of convenience in the al,
miniStration of road affairs. and
that the Section of the C0nStitu
ton relating to works OF internal
improvement was intended 10
apply solely to State appropria
tons for railroads. canals and
similar undertakings of a quasi.
public nature, which were con
Quoted for profit.
The question having been raised
whether the clause in Section 81,
Article 3 of the Constitution, pro
hibiting the Legislature from max
ing any appropriation for works
of internal Improvement does
not stand in the way OF the appro
priation for public roads, the Leg
islature in 1904 proposed an
amendment definitely giving the
Legislature power to make such
appropriation. This ease has
gone to the Court of Appeals on
mandamuS to compel the Cover
nor TO submit the road amend
ment, as we'll as the franchise
amendment, to the voters of the
State for ratification.
SCOPE OF THE ROAD LAW.
The purpose of the Maryland
State Aid Road Law, Act of As
sembly, 1904, Chapter 225. is to
encourage in a practical way the
gradual building up of a system
of good roads in all parts OF the
State. By its provisions the State
offers to pay one half the cost of
such roads 10y the annual apprG.
priation Of 5000, 900, to be allotted
among the several counties in the
direct proportion which the public
road mileage of the country bears
to the total public road mileage
of the State.
Wherever county does not take
up its full allotment of State Aid
the balance is to be Teapportioued
among such remaining counties
as are ready to take up a further
allotment in proportion to their
public road mileage. BY this
means some counties may secure
a larger sum than given in the
first general allotment.
A county may secure State Aid
in the following manner: The
County Commissioners petition
the State Commissioner for aid to
build a certain piece of road. If
it is found, upon examination by
the State Commission, that the
road in question is one of general
public convenience and a proper
one to construct, an estimate of
the cost of the improvement is
made, together with plans, speci-
fications, etc, for doing the work.
This is undertaken by the County
Commissioners either by contract.
or if the prices for doing it in this
manner are considered too high,
then in other ways that they may
deem best.
After the work is done accord
ing to the specifications and the
State Commission has so certified
to the Comptroller, then one half
of the cost of constructing the
road will be paid by the State to
the county building the road; but
in no case is the amount paid by
the State to exceed Que half of
the cost, as shown by the estimate
of the cost of the work as first
made by the State Commission.
1t is also provided that the owners
petitioning have paid or have
pledged 10 per cent. of the cost.
The work then proceeds as already