The free lance. (Fredericksburg, Va.) 1885-1926, 1910-09-29
SP0TSYLvANIA UNDER
GENERAL ROAD LAW
Supervisors Are Vested with Power TO
Decide BrOad-Tire Question.

Fredericksburg, Va, Sept. q, 1910.
To The Free Lance.
/ The question having arisen as to the
right of the board of supervisors TO
adopt Il broad-tire rCgu alton of any
other county in the StaIe, and the law
being very much misunderstood by rea-
son Of the numerous confusing puDlica-
tons on the subject so as to make it
necessary that the public be correctly
informed of the real facts in the case.
Pursuant to Acts 1910, p. 357, which
reads as follows: "The board of super
vsOrs of any county, which has not
now a special road law, may, by re-
corded vote, adopt, instead Of this act,
the special road law of any other
county IN this State, or any part or
parts Of the special road law Of any
other county, or counties, IN this State,
etc. The board of supervisors of Spot
sylyania county tied upon the adoption of
the Caroline county broad tire law and
the matter was then left with Commits
sioner j. a. Dillard, the judge having
designated him to cast the deciding vote
of the board in case of tie; hence il is
up to Commissioner Dilard 10 say
whether or not Spotsylyania shall adopt
the Caroline broad-tire regulation.
Ii IS cOntended that Spotsylyanla has a
special road law, but this IS only true in
so far as the building of permanent roads
Is concerned, as can be seen from the
following extract from the ActOf 1908,
p. $50: Their duties (referring to the
board Of public roads, shall only con-
Germ the permanent building or improve
ment of the roads, and shall in no way
concern or interfere with the ordinary
working. care and repair of the public
roads under the general laws of this
State, etc. Hence it can be seen that
SpOtsylyania is under the general road
law except as TO the permanent build
ing of roads as she has no special law
for the ordinary working, care, and re-
pair of her roads, and the broad-tire
regulation being solely for the purpose
of keeping IN repair the public roads,
hence the board of supervisors acted
according to law in taking up the adop-
ton Of the special road law of Caroline
or any other county that 1t might see
proper TO consider.
Ihls being true the county court,
under the provision of the act as fol-
lowed by the board, Acts 1910, p. 357,
and in order to prevent the board from
adopting the special road law Of any
other county in this State for the pro-
lection Of her roads. Spotsylvania must
first have a special law on the ordinary
working. care, repair and protection OF
her public highways, which she clearly
has not, being dependent IN this respect
upon the general law of the State.
Acts 1910, page 339, being a general
law as we'll as the act under which the
board followed, would apply to Spot
sylvania had the board not taken up the
special law Of Caroline, and in case the
board should abandon the adoption OF
the Caroline special law then an cleo
ton would have to be held, and this
seems to be the best method to pursue,
as / am in favor Of the people deciding
the question; therefore recommend that
both Commissioner Dillard and the board
Of supervisors Join in petition to the
court to order an election to decide the
matter.
Respectfully.
Frederick W. Coleman.