The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1909-07-20
MUNICIPALITIES
GET ROADS
Freeholders Flout Counsel's
Opinion and Abandon Coun-
ty Roads in Towns.
TOWNSHIPS ARE NOT AFFECTED

1VWNOIllT , ArE NUl AFTENlEU
Flouting an adverse opinion of
Counsel George &. Runyon Freeholder
Neighbour and members of the board
from the rural districts succeeded in
forcing through a resolution at We'd
nesday's meeting of the board turning
over the control of all county reads in
municipalities to the towns In which
they are located. The towns and
boroughs will have to maintain these
roads while the roads in the townships
will continue to be maintained bv the
county.
Freebooter Burcfell attempted to
get an amendment through to the ef-
feet that the county roads In the town
ships be turned ever also, the town
ships bearing the expenseOf maintain
ing them, but the rural members sue
ceeded in defeating it.
After Freeholder Neighbour had in
troduced his resolution Director Beck
er ruled it out of order on the ground
that an opinion of Counsel Runyon
was adverse. After taking issue with
the boards legal aid, Mr.. Neighbour,
who is not himself a member of the
bar, quoted the road laws at length in
an effort to prove his contention and
upon making an appeal from the rul-
ing of the chair succeeded in getting
the directors ruling overruled.
Counsellor Runyon2s opinion was as
follows:
He quoted from the law of 1906.
q Whenever any road or section of a
road which has been or shall be con-
structed by the board of freeholders of
any county, with or without state aid,
shall lie within the corporate limits Of
any borough, town, township or other
municipality, except cities, may enter
into an agreement in writing with
said board of freeholders, whereby said
borough, town, township or other mu-
nicipality shall thereafter assume the
repair and maintenance of said road or
section of road, and from and after the
making Of said agreement, and the ap-
proval thereof by the state commits
sioner of public roads, said road or Sec
tion thereof shall cease to be a county
road and shall be exclusively under the
jurisdiction and control of said
borough, town, township or other mu-
nicipality, and shall thereafter be re-
paired and maintained by the same
under the supervision of the state
commissioner of public roads"
There is nothing else in the law au-
thorizing the transfer Of the roads in
question when actually improved.
That part of the first section of the
county bond act (1889) which provides
that it shall be lawful for the said
roads to relinquish control of any road
or roads SO acquired or marked permits
only the REIMBURSEMENT of such coun-
ty bond roads as have been designated
and marked for improvement but have
not actually been improved.
1t should be borne in mind by the
county authorities that they act only
as the agents of the state, and that
the authority to improve roads carries
with it the duty to maintain, keep
and repair the same- Except by au-
thority Of the state, that is by legisla-
tive direction, the county authorities
can make no move either for road i'm
proyement or road transfer.
Mr.. Neighbours resolution was to
the effect that the board of freeholders
relinquish control of the following
roads and that they pass under the
control of the municipality in which
limits they lie, bat nothing in the
resolution is to be contrued to exempt
any municipality to which said roads
are surrendered from liability to pay
its share Of the cost and interest of
such improvement:
Dover to Mendham, from Blackwell
street in Dover along Prospect street
to Dover corporate limit;
Denville to Boonton, beginning at
Main street, Boonton, at corporate
limits and running along Main street
to intersection of Canal street;
Chatham to Millington, beginning
at Main street and Fairmount avenue
and running along Fair
mount avenue to Chatham borough
limits;
MorriStowr to Ledgewood, begin
ming at junction of Speedwell avenue
and Sussex avenue in Morristown and
running along Sussex avenue to town
limits;
Boonton to Mountain View, Begin
ming at Main and Canal streets, Boon
ton, and running along Canal street
to town limits;
Morristown to HackettStown, begin
ming at South street and Park place,
Morristown, and running along Park
place and Washington street to town
limits;
Morristown to Hackettstown, begin
ming at Main road through Mendham
at borough line and running west to
limits Of Mendham borough !:
Hurdtown to road from Chatham to