The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1907-05-16
THE new ROAD LAW.
County Boards rIust Appoint County
Superintendent of High
ways Without Delay.
Town Road Overseers Abolished and
Town Boards rlust Appoint
the Road Inspectors.

the kOaQ inspectors. ~
In an opinion given to George w.
Cooley, engineer of the state highway
commission, Assistant Attorney Gen
eral Simpson holds that the new road
law goes into effect at once. In other
words, chapter 458 general laws of
Minnesota 1907, became effective i'm
mediately after it's approval on April
rs, 1907. Here is the text of the opin-
ion: ".* u.s.
Gin your oral inquiry today you
call the attention of this Office to the
provisions of chapter 458, laws of
Minnesota, 1907, wherein is provided
that in counties of this state having
less than 100000 inhabitants the
county board may appoint a compe-
tent surveyor and road builder as
county superintendent of highways,
who may be the present county sur
veyor and whose compensation shall
be fixed by the county board, and
you ask whether under this provision
of this chapter county boards have a
discretion as to whether or not they
shall appoint such county superin-
tendent of highways.
elm reply thereto I beg to advise
that, in my opinion, your inquiry is
to be answered in the negative. The
word may here is to be construed as
shall under the general rule that the
word may in a statute should be con-
strued as 'shall' where the rights of
the public are involved, or where it
is used in a statute to confer power
on public bodies or officers to do a
thing and the public have an interest
that such things be done.
Road Overseers.
"You also call attention to that
provision of this same chapter where
in it provides that 'the Office of town
road overseer is hereby abolished and
in place thereof the town board shall
appoint competent road builder as
road inspector, who shall have
charge, under the direction of the
county superintendent. Of highways,
of the construction and maintenance
of all roads and bridges in the town
and the provision that the law takes
effect from and after it's passage. It
further appears that this law was ap-
proved on April Is, 1907, and you ask
whether the Office of town road over
seer is now in existence.
''In reply thereto I beg to advise
that, in my opinion, this latter inquiry
as herein limited is to be answered
in the negative. From and after the
25th day of April, 1907, in counties
having less than 100000 inhabitants,
the Office of road overseer ceased to
exist and in lieu thereof town boards
are required to appoint competent
road builders, who are known as road
inspectors and who shall have charge
under the direction of the county
superintendent of highways of all the
roads and bridges in the town. q.
"To place any other construction
upon the terms of this law would, it
seems to me, nullify the entire purpose
of the legislature which has just ad-
journed, and seemingly impede the
comprehensive scheme undertaken by
it and the legislature of 1905 looking
toward betterment of the roads of
this state.
''To hold that the word may in
this act is to be construed as permits
sible and not as mandatory would
therefore, in my opinion, not only
violate the law determining what effect
shall be given to this word where the
rights of the public are involved. as
in this case, but would also entirely
destroy the scheme of road supervi-
sion thus contemplated.
"To say further that the Office of
road overseer is not abolished. con-
trary to the express provisions of law,
would in addition cause a conflict of
jurisdiction and in effect DESTROY the
general plan outlined in this legisla-
ton.
''In conclusion, permit me to sug-
gest that such inspectors should be
appointed by the respective town
boards at the earliest practicable op-
portunity.'
To Advertisers.
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