Los Angeles herald., 1907-07-09
ARE GOOD ROADS
BONDS LEGAL 2
Judge Hughes Gives Opinion on SUBJ
ject Which Is Questioned by Local
Legal Authorities - Super
visors to investigate

| Is the law recently passed by the legis-
lature authorizing counties to issue bonds
for the purpose of constructing good roads
in violation of the constitution?
Judge j. w. Hughes of the superior
court of Sacramento county says it is,
and insists that the supreme court has
decided that cities could not be made to
pay for country roads, as the law provides
that such expenses must be met by the
district wherein the road lies.
On the other hand, Chief Deputy Dis
trict Attorney Hartley M. Shaw. who with
Judge Wurtz drew up the bill, declares
that the law is entirely sound. and will
be proof against any attack that may be
made upon 1t.
Judge Hughes recently refused to take
the stump in the northern county to ad-
vocate a bond election similar to that
which will be submitted to the voters of
ground that such action on his part would
stultify him judicial officer.
Now, understand me-" continued Judge
Hughes, 81 am the best good roads man in
the county. l believe the wisest invest
ment this county can make, and which
would bring the speediest and best re-
turns. would be the expenditure of a mill
lion dollars, or more. to give the county
permanent good roads; and when | say
permanent good roads, mean the highest
type for an agricultural community. But
how could l go upon the stump and advo-
cate a proposition to bond the county
for forty years, desirable though it might
be, in the face of the decision of the su-
preme court in the case of the Folsom
model highway from this city, that the
people Of this city cannot be taxed for
roads outside of this city? Under the
county government act road districts
build and maintain roads therein.
'It is true that the legislature lately
has attempted to supply the want of legis-
lation to make proper executory the pro-
visions of the constitution on this subject,
but it has failed to do So"
Attorney James B. Devine, who was
present when Judge Hughes made this
declaration. said: IT am in full accord
with Judge Hughes in this matter l have
been studiously examining this subject for
some time, and l have been unable to
discover a letter or line of law to justify
such bond issue as IS proposed for roads
or bridges. I may add that regret that
such is the case, for 1 agree with Judge
Hughes regarding the desirability of a
good roads system, and he cannot go me
any better on it
Both gentlemen agree that their criti-
cism of the law, and of the road and
bridge proposition. does not extend to an
adverse holding concerning county build
ings. Their erection and maintenance are
strictly county charges-imposed upon the
whole county.
When shown the positive statement
Shaw said Yesterday: Il am sure that the
Judge and his friend Mr.. Devine. have
overlooked something in the new law, or
they would take another view of it.
Examined Law Carefully
when the law was drawn up we took
pains to examine carefully the supreme
court decision which he mentioned, and l
am sure it has no bearing on the present
case At the time that suit was brought
there was no law by which counties could
issue bonds, or in any other manner pay
for road building on large scale, and
the present law was passed to provide
that authority.
II am sure they must be mistaken, and
am satisfied that ! could convince them
of the soundness of this law if 1 had the
opportunity.
The members of the board of supervis-
ors were much surprised when apprised
yesterday of the stand Judge Hughes had
taken.
'"There must be some mistake" said Su-
pervisor Eldridge, ''for Governor Gillett
would not have signed the bill if it had
been unconstitutional, and he had the ad-
vice of the best authorities in the west
1.-The matter should be passed upon by
the district attorney, and all doubt set
tied as to whether we can issue the bonds
before the election.
II hope the law as it stands is sound
for there is no better investment the
county could make than a system of good
benefit to the cities for unless the people
of the country districts can get to town,
their trade must be very much re.
stricted."
why by that ruling" said Supervise,
Alexander who was present, I'VE coulC
not draw on the general fund for any road
improvements, and doubt if we could
pay any of the bills"
Chairman Patterson of the board agreed
with his colleagues and expressed the
hope that the matter would be settled in
time to insure the election of the bonds
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