Norwich bulletin., 1909-05-01

way that has been improved since the
commencement of the movement down
to the present time
Roads Badly Neglected. Immediate
ly after having gained access to full
information i'm regard to the character
or condition of the several sections of
road-nO matter what the classification
vast was determined from investi-
cation and also from the information
given on the charts, that quite num-
Der Of towns had neglected their roads
sadly, so that the expense of putting
them into first class condition would
require a very large amount of mon
ey. This fact led the department to
call the attention Of the attorney gem
eral to the law. He gave it as his
opinion that the towns having entered
into a contract to keep their roads IN
repair from the passage Of the first
law down to the final enactment under
which we are operating today that
any town not having done so was not
entitled to receive a greater portion of
the money than towns that had taken
care of their systems Of highways, for
which they had expended town funds
in making the repairs. His decision
was that the department had no right
10 pay premium in the apuOrtiOn-
4
neglected their roads. at the expense
Of other towns that had taken care of
their highways. The righteousness of
this opinion must be apparent to ey cry
ht-thinking mind.
The full text of the attorney geuer-
ais opinion is given herewith:
Hartford. March 2. 1908
Hon. James H. Macdonald.
Highway Commissioner.
Dear Sir: You can my attention to
section 8 Of the public acts Of 1907 be-
ing An Act Concerning the Improve
ment Of Public Roads, Whicn section
provides that:
Whenever a road shall to construct
ed in any town under the provisions
of this act, or has heretofore been con-
strUcted under previous statutes rcIat-
ing to good roads under Whiah state
aid las been granted the highway
commissioner shall hereafter keep such
road in good repair, and shall have The
right TO enter, any town in which the
state has constructed any road ard
make HarCVer repairs. IN his iu5g-
melt are necessary, and he snail file
with Tie said town a. statement Of the
cost or expense Of making sad repairs
ana SAID town iE which said repairs
have teeu made shall in accordance
with the certificate Of expense furnish
cd by said highway commissioner. re-
imhurse the state to the extent Of one
fourth Of the cost of said repairs The
comptroller is hereby authorized to
Jay. ON the certificate Of said highway
commissioner, such sums as he may
require for repairs OF such roads. not
exceeding the sum of twenty-five thou
sands dollars in any one year i'm adj
clifton to all moneys received from the
several towns for such repairs as pro-
Vided i'm this section or from any other
sources, which moneys have been set
aside for the repair of highways i'm
the state, and all of which moneys
shall remain as Il fund for the use
Ct the highway commissioner I'm max
ing necessary repairs upon the roads
for the construction of winch the state
has made an apurouriati %.
And you state that some of the high
ways which have heretofore been con-
structed under previous statutes re-
lating to good roads under which state
aid has been granted have not been
kept i'm ~aGular repair, hut have been
so neglected that to place them In
proper condition wiz practically re-
quire their reconstruction or rebuild
ing and You ask if such reconstruction
and rebuilding can be considered as
property included i'm the provisions Of
said section g. relating to repairs and
# the highway commissioner can
properly pay the cost Of such recon
struction out of the fund provided i'm
said section for keeping in repair the
good roads for the construction OF
which state aid has been granted.
IN reply l would say that i'm my
opinion section does not authorize a
construction or rebuilding of such
highways. but is limited to the future
repairs Of such highways.
In 1895 the general assembly passed
Faun Nr-1as nV.#-. o.