Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-12-14

| to his duties. The superintendent
should not be allowed for such ex-
penses unless they were necessary,
and as to whether they are necessary
and proper in given case, is largely
within the discretion of the township
trustees. ... = - goo. 5:;.,''
Q.-What roads should be dragged
under the provisions Of this law?
A.-The township trustees shall
from time to time designate what dis
tricts must be dragged, which must
include all mail routes and all main
travelled roads within the township:
The trustees would probably be the
best judges of what roads are the
main travelled roads.
Q.-The act says: (section 2, page
3, of the, pamphlet, line 81 "the
amount to be paid for such dragging
not to exceed the sum of fifty cents
(50) per mile for each mile travelled
back and forth while dragging the
roads," l Judge that means that If a
man has six mile stretch and gees
over the road and COMES back. he
would be entitled to six times so cents
or $780, and would judge further,
that if the road could not be cared for
by one round of dragging that he could
draw double the amount of money, or
S., if he had to travel over this six
miles and back again. would think
this would only be fair, for some roads
are very narrow and need but one
round, while other main travelled
roads nearer town, could not be kept
in condition by making one round.
Especially do / know this to be true
| on the main travelled roads in and out
of Ottumwa, for I have superintend-
| ed the dragging here. for several sea,
sons I presume these details will be
left pretty much to the superintend-
ent of dragging, as he will have to
protect the township from being i'm
posed upon. In other words, shoulu
judge that his discretion would be
such that if he found main travelled
road for three miles out Of town
would need two rounds of dragging
instead of one, he would make such
arrangements. What is your judg-
ment about this?
A.-This question has been pro-
pounded number of times and this
department has held that the amount
that can be paid for dragging the
reads is not to exceed fifty cents per
mile for every mile necessarily and
actually Travelled with the drag upon
the highway while in the act of drag.
ging the same, in accordance with the
contract therefor. But this would not
include travel in going to and from
the place where. the work is done up
on the highway. You will note that
the law says that the township
trustees are to fix the compensation
and the maximum amount at which
they are allowed to fix the same is
fifty cents. TO illustrate: If the
township trustees have fixed the COM
pensation at fifty cents per mile and
person makes one round trip with
a drag upon the highway in dragging
one mile of road he should be paid at
the rate stated for two miles, or 81.
do not think there can be any doubt
about this being the proper interpre-
tation to be placed upon the provision
in question and I believe it gives
force and effect to the intention of the
legislature. A number of reasons and
considerations occur to me which
support the Interpretation given but
shall not attempt to set all of them
out here II the legislature had in
tended that the compensation should
be at the rate of fifty cents for a
round trip en-, mile of road it would
be equivalent to saying that the rate
should be 25 cents for each mile OF
travel. think the legislature meant