The Ely miner., 1911-09-01
GOOD HIGHWAYS HIT
SUPREME COURT HAS HELD sPE-
ctAL ASSESSMENTS CANNOT
BE LAID IN RURAL DISTRICTS.
UP TO THE ATTORNEY GENERAL
Fate of One Thousand Miles OF High
way in North State De-
pends on His Con-
cIusions.

|
| Standing squarely in the face of the
constitutionality of the Elwell law un-
der which the Northern Minnesota De-
velopment league proposes to expend
| $10,000,000 during the next few years
for good roads, is the legal principle al
ways handed down by the supreme
court that all highways constructed
outside of Incorporated districts, that
is cities or villages, are general and
not local improvements, and conse-
quently abutting property owners can
not be taxed any amount for their con-
struction, on the. special benefit prin-
ciple.
| The question of the constitutionality
of the measure, always secuted by
lawyers of the state, as well as the
limit of the expenditures which the
State Highway commission may make
under it, are now being investigated
by the attorney generals Office. 1t
probably will be several weeks before
an opinion on the law is rendered, as
many questions are said to be in
volved.
| Chief Objection to Law.
The legal principle of the state su-
preme court, however, is considered by
lawyers to be the chief objection raised
against the constitutionality of the
law, and on account of it the asser-
| tion was frequently made yesterday
that Attorney General Simpson will
hold the law unconstitutional. In
every similar case that has been
brought before it, the supreme court,
highway which is of general benefit
cannot be taxed by special assess
ment as authorized in the Elwell law.
| In handing down this principle, it is
pointed out, the supreme court has al
ways held that any highway construct
ed outside of an incorporated district
is of general and not special benefit,
tion should be borne by the general
public, either through the county or
the state. The Elwell bill provides
that the state shat bear half of the eX-
pense, the county or counties through
which the proposed road shall pass a
quarter and the property owners bene-
fitted the other quarter.
Approximately 100000 will be rails
ed by the quarter mill levy next year,
according to George w. Cooley, secre-
tary of the commission, while $4,000
more will be derived from other sources
However, under resolution adopted
by the last Legislature the commission
will be compelled to distribute $100,
900 of this among the fifty-four coun-
their full share of the famous pork
barrel appropriation of 1909. The
amounts to each county range from
$4,000 to $4,000.
Deducting this amount from the orig
inal fund, and then 10 per cent more
for the non-payment of taxes, as is
usually done with estimated receipts
have approximately 100000 next year
for it's entire good roads fund. Under
the old law it received but $4,000.
With this amount available no coun.
ty can receive, under the per cent
provision of the amendment, more
than about $6,500, or less than $1,000
in the year, according to Mr.. Cooley
Inasmuch as the usual cost of new con
struction varies from about $4,000 a
mile upward, the commission under the
Elwell bill, will be considerably linn
tied in it's expenditures.
Greater expenditures, however, will
be permitted the commission If the l.
mill tax amendment of the Dunn bill is
adopted when voted on next year. Un
der it the commission would derive ap
rroximately $1,250,000, and the pei
cent provision would allow the coun
ties an estimated maximum of from
$4,000 to $4,000.
Thousand Miles of Road Projected.
Almost 1000 miles of new roads are
now projected for the northern part Of
the state by the Northern Minnesota
Development league alone, while the
good roads movement in the state i!
not centered in that section. Though
it's plans are extended to cover a mum
ber of years, the commission faces the
problem of distributing it's funds no
only there but equally to the benefit O
other counties.
Applications already have been made
: for the construction of a road, 45l
miles long from Duluth through Bemid
il to st. Vincent, and from Deer Rive
to Northome, while the leagues plans
include other roads from Duluth to In
ternational Falls, Duluth to the Twil
City, and Koochiching to Bemidji, ar
proximately 1000 miles in all.
CUTTING HIS WHEAT AT NIGHT