Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-03-08
the OPINION
Handed Down byAtiy. Gen.
Hannibal {, Hamlin,
0aQaasuon reimbursement Of
Towns for State Road Outlay
As SE5miied 10 The 6averRor and Council,
Thursday, Feb. Is.


highways the following letter. AS it
answers a question which has been
Il iscd in n great many towns. it is
Published for general information.
STATE OF MAINE.
Office Of the Attorney General.
HANNIBAL. Z. IAMLIN.
Attorney General,
Ellsworth. Maine.
WARREN G. PEfILR1tODk.
Assistant Attorney General
Augusta, Maine
Augusta. Maine. Feb. l., 1906
To the ITounrnb!e Coz. inor and Council:
Referring to th. inquiry a. Hon. P"ui
l. G,r..,.,tt cumiriSsi. Ii,.r III h giIwayS, 10
,.,,i ,r,,t,cr t.;,tc Of De-. II. ln,, and re-
f,frsd Nv y,lI to III" r"Iatl!" I" tht rem
l,;trSemt nt.ui towns for amount Expended
IL! i"r!n:uJnL ia pfoFr.Ecnt "i Sttt" f'''"'
so :l!i.d, | have- lhc honor /" f'i'tit Il"
il;Ivr ex.,minad carefully R"vi Stat
Utcs, Chapter -, Sections ~ t. 100 m
r,tryiy. .ttid the amendments to the ~ M
: ( pn1:triu., in tho Public Laws 1of the y"ai
; lSyf. Revised .St;ttn,es. Chapter -. See,
ti,i-aj before The 4iEeitflnrnt OF 100 read
..E.ts,@1,.4 establishing S:at" roads Is
aforesaid may. uIl complying viii III
.,,ua,iiin.S htI.iatit'i SCI i"tih. receive
from tii. Sfait cis.-hall OF ne. amount
actually ,Nfssn'if'i IN l'"iiu.'ht' nj inIi"r''-
~. nj al said rI.tie. not r<""'r.InS tw"
LIil,jr.d ,.u!!nr: =: an. Irovri"d ina IIu
Town snail receive %'t''n StHir aid uiil' -
H.; ;ta,fnriat ma .-NI-iIciltlIr" fn; such
,4,;td .:il.iI siItiIt - at least oll'. hun'ti"t
t,,Ii:.,S md -ff,lI ttr.. been ,xc!ISNt- ri
and IN .it.ditI.li to TIE amount regularly
raised in such town for highways ANA
bridges, ai.d PROVIDED ALTO. that tn.
afnatlnt 50 expended shall h. used br;ol"
the FIRST day "t september in prrnIH"nt
irui.Io.rn.nt Of =. continuous portion OF
..id read. aud ii. :: manner satisfactory IL
ttr- county '"mHiSSI"ntis "t III" 'pu"tE
y:',".'i" -,i rad - i"git.h; Surt' ', ~,
and after thU iii"t lay ot January. UPON
c..rtiti, it.. y" Il" Governor and g rUnr!l -
ir"vli' 1t bs TN following >'ri!"n
SAD Section lp is amended ~ Clap
ter 10 Of said Laws 81 l!fN. approved
Murcn n. 1900. reads as follows:
'To.vr:s establishing St.,tr roads -
aforesaid n.ay, ~ r.inpi>t'G "''h ".
from ih.- Stat. one-hIif I'll the amount
actually rXp.I.d"d in permanent impr"N'.-
ncnt of said roads, not "y''"sdii:F three
hundred loll;;rs II year: provided. that no
town Shall receive such Stat" ":d un.eS.i
its cxpcuditur" for such road shall
amount t" at least ON" hundred dollars,
and shall have been exclusive ui AND i'll
addition to the amount regularly raised
in sIch town for highways and bridges:
AKA provided. also, that tn" amount 50
eXp,,l',c,l shall l." used h"ior" til" first
day of October in permanent impruv, M nj
of n portion of said load. and nj a man
>1cr' sItisflcthry tr tho corrrtty cnlnnlis-
SiGncrS OF the county wherein S.th ftitd
is located. Said permanent improvement
shall be ON continuous portion IF s.td
road for at lest On" year. such al
shall he paiI from tn, state treasury on
and after the FIRST day Of January. upon
certificate by the Governor and ''ouncil.
as provided by the following S,c,inn."
II will be perceived that before this
amendment no town should r"c,iv" Stat
aid unless its appropriation and eXpendi
trrr for SUI n road should ;.!noIlnt to at
hast 500. etc. etc. t.ndrr tho "mend-
mer't, it appear that the town may TO
oclvp such aid if its expenditure tor such
road shall amount to 1T least $lo". ct"..
etc Manife>tiy tn" Legislature" rIrpOScly
removed the word "aprrnpriht;"n,' from
said section. In my opinion. as the law
now stands. the. ann Edm"ut * "ffecuvr
10 carry out the manifest int"nti n Of the
] legislature so far rs this poiut Is con-
c"lncd and Il town may r"c'1v" Stat
aid if its expenditure shall amount to mt
least Size. etc, etc
That | am right rs to the apparent in
trrtGn of the Legislator" would appear
from the fact that under Resolves fC!
:aid year 1905. Chapter III. the I.egisl;,-
,ure underworld to reimburse very many
towns where probably they had actuall:
expended money when They had not tech
nicully complied with the provisions ri
ih" statute for reimbursement - far rs
she town appropriation was concerned.
Tn" Legislature. Therefore. of inI feint-
lurScd certain towns as noted and
amended the general law as stated. II
will he further noticed that tn" l.egISll-
lure lntCudt u ,tnGlr, amendment To 90 INTO
effect 1T once because contrary To I'll"
general custom, Chapter IL. of the Laws
of I9a, was passed to take effect when
approved 'rh" clause making laws go
into effect unon thu r approval is not gen
..raliy added I" a Public Law unless there
Is some special reason or intenti m for it
Section 1ol OF said Chapter - rs amend
cd by Chapter IL. of the Laws of 1905 still
requires municipal officers of towns i'm
proving State roads. called, to make
returns annually under oath to the county
- 81
amount appropriated and expended by
their town in the ,perman, mt improvement.
't".. upon said stat" rpads. Although
municipal officers under this section must
make returns Of the amount appropriated
yet to my mind this cannot rradfhc WORT
appropriation int" said Section leo as now
antnard. ~ VI" tare of its eNpTcss re-
mnval by tn" Legislature as above stat
.'d. The two sections tSeCtions 100 and
lob can aH,t 10 stand together ana II need
NOT be in necessary conflict. Towns may
receive aid IL they have eXpended thu.
Nrrprr anMr'It. while the municipoI Of
tir'rs must still rnH1ic returns Of the
amount appropriated (Which NAV be
something ar norhina) and the amount
expended. ETC. etc.
cf course. this opinion has only refer
en"r Ia ~" question Of expenditure aud
appropriation: other provisions of the
statute must StiH be compliei with For
example. the eNpeutii, ore must 3be ex
elusive of AMI in addition to the amanft
r"Eularly raised in the town for high
p..ndcd must JNe used before the first DIV
nf October for the pcrmanent improve.
meat Of the roads in n mlnncr satiSfac;
~ tn the county commissioners OF tho
county in which tn" said road is located
The permanent Improvement shall he on
n continuous portion Of the road for ut
least one vest,. etc. etc. The anly u,iee-
ton submitted to me has been with ref
.r"ucr to expenditure and appropriation
Yours very truly, !,
lSieneD HANNIBAL. F.. HAML1N