Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-23
OPINION ON The
new ROAD LAW
ATTORNEY GENERALS OFFICE
lNTERPRETs CONFUSING
PROVISIONS OF ACT.

Des Moines, May pa comprehen
sive opinion on the road dragging law
passed by the last general assembl,
and the duties of township trustee,
with respect to it's application and op
GRAFTON, was handed down yesterday
by Nels j. Lee, special counsel ii
the office Of Attorney General George
Cosson.
The opinion was written in response
to hundreds Of inquiries which have
come to the office of the attorney gen.
! eral from county attorneys, supervis.
ors and trustees generally over the
state for an Interpretation Of the
points which the wording of the law
failed to make clear.
An apparent error in the time pro-
vision fixed by the general assembly
for the law to become effective caused
the greatest confusion among the road
authorities. The section provided
that the law should become operative
on April and at the same time made
1t mandatory on the trustees to fix
the one mill levy provided at the first
meeting in April, held on the first
Monday of the month.
Couldn't Make Levy.
The first Monday Of the month fell
on April 8, five days before the law
became operative, making the levying
of the tax impossible at that time. The
trustees appealed to the attorney gen
.eral to determine whether the tax
might be levied at special meeting.
With respect to this question the
opinion states: 'The language quoted
does not negative the right OF the trus-
tees to levy said tax at any other
time than at the time for making the
annual levy for road purposes, and it
seems clear that it was the intention
OF the legislature that such tax should
be levied each year, including the pres
ent year. 1t will follow then, from
what has been said on this question,
that it will be the duty of the town
ship trustees to levy the one mill tax
for dragging purposes under the new
road drag law, in time to be certified
to the board of supervisors before that
body makes the annual levy Of taxes"
Summary of Opinion.
A summary OF the points made in
the opinion follows:
The one mill tax for road dragging
provided by the last general assem-
bly, must be levied by township trus-
tees previous to the general levy made
by the board Of supervisors for 1912.
The public roads of townships must
be divided into. permanent road drag
ging districts during the present year
and a superintendent of roads ap.
pointed to supervise the work
Z The superintendent of dragging can
not in any instance be member OF
the board Of trustees, but may hold
the Office of road superintendent in
conjunction with that Of dragging 81.
pervisor
The one mill tax for. a dragging
'und is Independent of the regular
ak which trustees are authorized to
evy for the maintenance of the roads.
1t was the intention Of the legis-
ature to provide road dragging in
1911, and the work must be done by
he -rustees. although the regular
fund is not available until 1912.
Funds with which to pay the ex-
oense Of dragging during the present
year may be taken from the regular
road levy.
Township clerks should call meet
ng of the trustees for the purpose OF
making the road drag levy in time
Tor the annual levy made by the
board Of supervisors.