The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1906-03-09

At the request of the directors of the
Walla Walla Commercial club, C. M.
RAIDER and E. T. Barker made an ex-
haustive research of the law relative to
the powers granted the county Of inn
proving roads in the county, and yes
terday submitted the following:
The Opinion.
Board Of Directors of the Walla Walla
Commercial Club-Gentlemen:
We have examined with some care
the laws of our state providing for
a system of improved roads," APPROX
ed March Is, 1898, and we submit the
following opinion relative thereto:
The intention of this law is to pro-
vide methods of establishing, locating
and constructing new roads and of i'm
proving roads by strengthening, widen
ing, altering or relocating any public
road Or highway which is conducive
to the public convenience or Welfare.
The materials to be used may be ma
or other materials as will permit Of
heavy freighting by team and rapid
driving during any time of the year.
The manner of signing the petition
for road, and filing the same, the fill
ing and approval of necessary bond;
are clearly set forth in the act of the
legislature The selection of a civil
engineer and his duties in surveying
and filing a schedule and plat of all
lots and lands lying within the i'm
provement boundary, are likewise set
out in the said law. The appointment
of appraisers and their duties in ac-
tually viewing in person all lands as
shall appear from the engineers re-
port to lie within the Improvement
boundary, and in obtaining from the
assessment roll of the county the total
assessed valuation of all city property
affected and of all the property within
the limits of the road district through
which the proposed road is to run,
are so clearly set forth that no serious
question, we believe, will arise on any
section therein. That portion of the
act providing for the appropriation
Of the right of way for the construct
ing of the county roads," is unconsti-
since it conflicts with the pro
visions of article /, section 16, of the
state constitution requiring the dam
ages for the appropriation of land for
such purposes to be ascertained by a
jury, unless a jury be waived in a
instituted for that pur-
pose.
Seanor VS. County Commissioner,
etc. IS Wash. 4S.
Section 5 Of the act provides that
the costs and expenses of the i'm
made under this act shall
be apportioned as near as may be to
the corporations, companies, persons
and property benefited thereby"
The law provides that the apprais-
ers shall prepare a schedule, which
shall set forth:
1. THE benefit assessed to the
county for such Improvement, which
shall be one-third of the whole esti-
mated cost thereof
2. The benefit assessed to each road
district through or into which the
road is located, which benefits shall
not be assessed at more than one
third of the whole estimated cost of
the improvement within the boundary
of the road district.
8. The benefits assessed to all prop
erty within each incorporated city
within the county, and which benefits
shall not be assessed at more than
one-siXth of the whole estimated cost
of the improvements located within
a limit of ten miles of the corporate
limits of the city.
4. The benefits assessed to the lots
and lands lying within the proposed
improvement boundary and such
benefits, shall in no case exceed one
third of the estimated cost of the i'm
provement. The improvement boun-
dairy" as used in the act, speaking
generally, means "a line two miles
distant from and parallel to the CEN
ter Of the line of improvement on eth
er side thereof"
5. A list of each lot or tract of
land taken and damaged by the es-
Establishment of the road or improve
ment made, and the damages to the
same
The appraisers shall file this report
with the engineers report, and all
other papers in their possession with
the clerk of the board of commission
ers within sixty days after the date
of entering upon their duties.
The clerk of the board shall with
out delay, fix a date for the hearing
of the reports of the appraisers and
engineer. The clerk shall prepare