The Leon reporter. (Leon, Iowa) 1887-1930, 1911-06-15
MUST ENFORCE LAWS
County Attorneys Must Enforce the
Road DRAGGING and Weed Cutting
Laws says Attorney General.

Laws says AltUGuCy VCnCOos'
To the County Attorneys of the
State of Iowa.
Dear Sir:
There have been so many re-
quests for an Interpretation of House
File No. 46, known as the new road
drag law, passed by the Thirty-fourth
General Assembly and effective by
publication on April 8, 1911, that
Special Counsel N. ]. Lee of this de-
partment has in one letter covered
the questions most frequently asked
in a carefully prepared opinion.
Under separate cover l am send
ing you copy of said opinion and
several copies of a condensed sum-
mary of said opinion for your use
so that the same may be given mem
bers of the board of supervisors and
township trustees.
The conclusions reached in the
opinion are not entirely free from
doubt but the holdings therein are
certainly in harmony with the leg
islative intent, and an opposite con-
struction would render the law nu-
gatory until 1918, because under a
narrow construction, the levy could
not be made until 1912, and would
not be available for Use until it's
collection in 1913. That construc-
ton producing such results is not
warranted, unless the language
clearly indicates that that was the
Intention of the Law makers, is too
self evident for argument.
The very purpose of the passage
of House File No. 46 by the Thirty
fourth General Assembly and the re-
pealing of chapter 101 of the acts of
the Thirty-thfrd General Assembly
was to remove all discretion from the
trustees as to the necessity of drag
ging roads, and to provide a fund
which could be used for no other
purpose; in other words, it was to
strengthen and not to weaken the
law that induced the Thirty-fourth
General Assembly to pass House File
No. 46.
Mr.. John Foster, of Guthrie Cen
ter, who has given great attention
to road construction states it as his
opinion that the matter of good roads
is of more concern to the farmers of
the state than the question of rail-
road rate regulation. Without deter
mining the accuracy of this state
ment, it is conceded by all that the
question of good roads is matter of
immense Importance to the people of
the state, and l am of the opinion
that the several county attorneys of
the state can do more by advising
township trustees and local officers
in securing good roads and the en-
forcement of the law than all other
agencies.
/ desire to further direct your at
tention to chapter SO acts of the
Thirty-third General Assembly which
provides for the destruction Of nox-
ious weeds.
! Mr.. Charles r. Brenton, large
land owner, writes me concerning
the Importance of the weed law as
fpl1oMs:
''The time has come when weeds
are beginning to need attention.
This is particularly true of sour dock
that is showing itself very prom
inently along the road sides and seed
ing early in June. / consider the en-
forcement of the weed law very much
more important than the road law"
Large areas of land can be Destroy
ed in a few years by noxious weeds
and hence there is no reason why
the law should be considered of
slight importance, or that it should
be assumed by the trustees that it is
to remain dead letter.
The duty of enforcing this law is
placed upon the township trustees
and county supervisors. The law is
mandatory in its nature, and the
work is expressly made part of the
road work of the trustees and the
supervisors. They are authorized to
expend road funds and it is also made
the duty Of the county supervisors
to call a meeting of the township
trustees and road supervisors be-
tween November and April of each
year to consider the best methods of
road work and weed destruction. A
failure to comply with the provisions
of said act is a misdemeanor.
While the law places the, duty on
the trustees, road superintendents
and members of the board of super
visors, the duty of seeing that these
as to their duties and that they in
6OUu 1dllu poIlOIM SuCu uuLlco, uS-
wolves upon the several county attOr-
neys of the state and the attorney
general, and hence in the matter of
enforcing these laws, will be glad
to cooperate with you and with the
several officers who have the work in
charge to the end that failure
to secure good roads in this state
ment of the statutes of the state. In
other words, it is my desire that if
will not be due to lack of enforce
Iowa fails to secure good roads, that
the fault is not with the law en-
forcing officials or the failure to en-
force the law, but with the legisla-
ture in not providing proper funds
and methods of road construction.
Yours very truly,
George Cosson, Attorney General.
IndianOla Autoists Here.