The herald-advance. (Milbank, S.D.) 1890-1922, 1909-07-23
LEGALITY OF EXISTENCE OF
STATE HIGHWAY COMMISSION
is NOW RAISED.
0UTGROWTH OF JOHNSON APPEAL
Attorney General Is Asked for Opin
ion on Big Queston.-sanitary
Board May Also Come in for
Extinguishment.

ST. Paul, July 20.-Whether or not
the state highway commission should
not be ruled out of existence will be
embodied in the request which State
Auditor Iverson and State Treasurer
Dinehart, of Minnesota, will submit to
Attorney General Simpson for an
opinion.
Growing out of the ruling of the su-
preme court on the pork barrel" bill,
the question is raised that the state
highway commission, expending mon
ey as it does for internal improve
ments, may not be inhibited by the
same ruling which the supreme court
laid down relative to the road and
bridge fund, when 1t declared the ap-
preparations included under that cap
ton were unconstitutional
In a series of events, dramatic and
unusual, growing out of the so-called
pork barrel bill case, the new possi-
bility is one of the most astonishing
and unexpected. 1t will put up diff
cult problem to the attorney general
and the supreme court may be called
upon for final decision.
The theory upon which the question
of the legality of the highway COM
mission has grown up, is that the law
expressly says that the state shall not
be a party to any internal improve
ment. 1t Is urged that the state high
way commission, spending money as
it does, may come under this ruling
in hn 81
the state treasurer are disposed to
find out.
The question which the auditor and
treasurer have been formulating for
some time has grown out of the ap-
peal which State Senator Victor L..
Johnson, Of Chisago county, made
relative to the application for the
bridge at Taylor's Falls, across the
st. Croix river. 1t was Immediately
discovered there were several other
appropriations, such as the drainage
appropriation and others included in
the general omnibus appropriation bill
which might be unconstitutional un-
der the reading of the pork barrel
decision.
Following the appeal of Senator
Johnson, State Auditor Iverson and
Treasurer Dinehart have been going
through the appropriations carefully.
and have practically prepared their
appeal for information to the attorney
general.
Among the appropriations upon
which a specific ruling will be asked
are the following:
Capitol approaches ........ $500, 900
Grand stand, state fair. ..... 100000
State drainage
General fund ............... 1000
Survey of watersheds. ....... $4,000
Typographical survey ....... $4,000
Dam at Big Stone lake. ...... $4,000
Bridge at Taylor's Falls. ..... 5000
Road through Itasca park. -. 10000
Hennepin county has the advantage
over some of the other counties, rela-
tive to the road and bridge appropria-
tions for 1907. There is left in the
treasury from the appropriation of
that time approximately $4,000. The
legislature OF last winter amended
this bill relative to the manner in
which this money should be spent, the
counties of Lac qui Parle, Blue Earth.
Grow Wing, Scott, Douglas and Hen
nepin being affected.
The Hennepin people drew their
money before the suit was started, but
the other counties find their money
tied up. An opinion will also be asked
for relative to the constitutionality of
the law creating the state live stock
and sanitary board.