The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1906-05-09
STATE ROAD QUESTION.
Attorney General Answers Queries OF
County Attorney KrutZ.


The state road difficulties are be-
ing arranged satisfactorily. The at
torney general writes letter to At
torney krutZ covering all the diff
culties and says that it might be we'll
to make some slight changes rather
than to raise controversies. The
road can commence anywhere along
the line and the contracts can be let
for the road in sections or as whole.
Following is copy of The letter:
Hon Ira NJ Krutz, Prosecuting At
torney, North Yakima, wash
Dear Sir: In reply to your favor
of April "a, 1906, l will say that /
have carefully gone over the letters,
statements, etc, which you have SUBJ
mitted in the matter Of the state road
up the Natchez river.
| think / begin to appreciate the
situation over there, and personally
it seems to me that the best inter-
ests of the county and state would
probably be to use the money as your
commissioners seem to prefer that it
ing certain amount of the money
east of Mehaffey's Ford on whatever
would seem to be the easiest and
most practicable route to construct
road.
However, no matter how much we
might officially or personally think
a thing may be best this way or that,
for the good of the state, we are
more or less confined to questions
of law. as we'll as to those of fact.
In this matter, under the conditions
over there. it would seem probable
that there might be dispositif
under certain circumstances, to try
to have injunctions issued and to
hang up the matter in litigation so
that the work could not be proceeded
with and thereby the appropriation
lapse at the end of the year and
there be no moneys on hand for the
completion of the road However
that might be, l recognize that it is
probable that no one except the at
torney general would be eligible to
begin any injunction proceedings
against such expenditure of state
funds, yet it is always best to follow
the law and avoid the possibility of
litigation.
1t is my opinion that strict con
struction of the law, which would no
doubt be safest in this case, would
mean that the eastern terminus of
that part of the road on which money
can be spent would be at the intersec-
ton or meeting of the county road
at the po.nt or terminus of the survey
that was made for the road upon
which money was expended by the
state under and in accordance with
the act approved Mch. IS, 1897, for
the survey and establishment of a
state road along said Natchez river.
/ understand that the eastern end
of said survey was short distance
east of the Nile postoffice, on the
north side of the Natchez river, at
which point there is said to be an
end-stake still in existence. That.
then. would be the farthest east point
of the road, upon which the present
appropriation could be spent. 1t is
then understood that the entire ap-
preparation available for the part of
the road east of the summit of the
Cascades designated in the act, would
be regularly spent between the sum-
NIT of the Cascades and said point
referred to a short distance east Of
Nile postoffice, covering the former
state road. BY way Of repairs and i'm
provements, as 1t extends west or
northwest from Nile ON the north
side of the Natchez river. This ap-
preparation, now available. is to be
spent over the whole road designated,
or such an amount of It as II is pos
sible to cover with at least a fairly
good wagon road.
There is no limitation under the
law as to what point, or where, the
commissioners shall begin the con-
struction of said road. or In what d.
rection 1t shall proceed. This. In
my opinion is a matter that the law