The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-30
SEEK THOUSANDS TO
BUILD GOOD ROADS
FIVE PETITIONS FOR coNsTRUc.
TON OF 4e2 MILES or HIGH
WAY UP BEFORE MINI.
COMMISSION.

WAY UP BEFORE MINI.
COMMISSION.
st. Paul, Sept S0.-Ffve petitions for
the construction of approximately AZ:
miles of roads in Northern Minnesota,
presented by the Northern Minnesota
Development league, will be consid-
cred by the State Highway commits
cion when Ii meets at the capitol al
IL o'clock this morning. Secretary
George w. Cooley, who has been in
Seattle for month. returned yester-
day morning.
These petitions are the direct re-
suit of the good roads mass meeting
at Bemidji last summer, when a
movement was launched to expend
$10,O0O,000 for good roads In that sec
ton Of the state. The petitions now
fled with the commission follow: A
road from Duluth to st. Vincent. ap-
proximately 400 miles; another from
Deer River to Northome, about sixty
five miles; an eight-mile road around
Lake Bemidji, Beltrami county: a
seven-mile stretch in Clearwater
county and a road twelve miles long
in Mahnomen county.
Record Sum Asked for Good Roads.
At the estimated cost Of $4,000 a
mile, these five projected roads call for
the expenditure of $9S4,o00 as the in
itial outlay In the good roads move
ment. IL they are approved by the
commission today 1t will be the first
time in the history of the state that
so large an expenditure for such a
purpose has been authorized.
At meeting at Aitxin today Of
hcials Of the league Will consider the
submittal Of three other petitions. one
for a road from st. Paul to Duluth.
one from Duluth to International Falls
and the other from Duluth across the
state to Moorhead. This will complete
the original programme as adopted
at Bemidji.
Without Approval Of County Boards.
None OF the petitions, as submitted
TO the commission, carry the approval
Of the boards of commissioners OF
counties through which the roads pass.
as required by law, and IL the plans
are approved by the commission to-
DAY 1t will be subject to the approval
or these boards, and will not be eff
fective until that is obtained. One
petition. that for the seven-mile road
In Clearwater county, was fatty turned
down by the commissioners.
Some conflict exists in the provis-
ions of the law on this point of ap-
proval by the county boards. One sec
ton stipulates that IL the projected
road lies within county, 1t must be
approved by the county board; If
without, by the district court. An
other provision, however, says that the
commission may not approve
any petitions until they are indorsed
by the county board or boards" To-
clear this discrepancy the commission |
today probably will rule that all Pc
titions must bear Endorsements of
county commissioners.
Consider ElwelI Bill Constitutional.
The presentation of these petitions
places before the commission the
much mooted question of the consti-
tutionality OF the Elwell law under
which they are made. The commits
sion, however, according to Mr..
Cooley, will proceed in whatever action
may be taken on the view that the
aw is constitutional.
Il hardly think 1t is UP to the com
mission to question the legality Of the
aw," he said. What; the commits
'ioners have to do is to carry out its
provisions and I think that is the way
hey will proceed"
Consequently, according to Mr.. Coo
ey, II is hardly probable that this
question Of the legal status OF the bill
VIII be raised, unless by an outsider,
Until the commission comes to dis
ribute its funds the second Tuesday
Il next March. Then the attorney
General may be asked for an opinion
whether the commission has authority |
Q use It's appropriations as provided /
n the lay. in
PRESENT Petitions include Tax Levy. I
In the three petitions approved for
Ninona county last August, this ques-
ION or the constitutionality OF tho
aW, based on It's assessment feature.
vas not raised, because the money for
ne construction of the roads had been ]
ubscribed before the petitions were 4
unlimited to the commission. The a
Northern Minnesota Development 9
eagle, however. in pushing the good I
Dads movement, Is proceeding accord /
1g to the assessment provision, which
axes the property owners along tho
rejected road one-fourth OF the en- 4
ire cost of construction. &
Would Settle Validity Of Statute.
II is argued therefore, In certain \
uarters that the question OF the laws 4
should be settled be-
IRE the commission puts its stamp OF !
pproval on programme Of large ex-
enditudc liable to be halted by an
dverse decision In test case. So j
IFS point may be acted upon BY the
today, and the approval
the development LEAGUES petitions
NY be halted until an o2iuton il
anded down by the attorney general.
ly