Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-06-03
ROAD DRAG LAW
IS MADE CLEAR
OPINION FROM ATTORNEY GEN.
ERALS OFFICE MAKES ACTION
PLAIN TO COUNTIES.
EXPLAINS THE DATE
Persons Interested In Better Thorough
fares VIII Be Pleased to Know
What The New Law Seeks
To Do For Roads.

The new road drag law has been
interpreted and the opinion clearing
the confusing points OF the measure
emanates from the office OF the attor-
ney general.
The farmers, automobile owners, ana
in fact everyone interested IN gooo
roads, will be interested In the COM
prehensive opinion on the road-drag'
ging assembly. 1t includes the duties
Of the township trustees with respect
to the application and operation OF the
law regarding which there was some
difference of opinion in! the various
counties. This Interpretation OF the
new law was made by Nels Lee, spe-
cial counsel in the office of Attorney
General 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, supervi-
sors and trustees generally over the
state for an Interpretation of the point
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 s and at the same time made II
mandatory on the trustees to Tx the
one-mil1 levy provided at the first meet
ing 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: 1.-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 1t seems
clear that 1t was the intention OF the
legislature that such tax should be
levied each year, including the present
year. 1t will follow then, from what
has been said on the question. that 1t
will be the duty of the township trus-
tees to levy the one mill tax for drag
ging 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 assembly
must be levied by township trustees
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 superintendent of roads ap-
pointed to supervise the work.
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 su-
pervisor.
The one-mill tax for dragging fund
is Independent of the regular tax
which trustees are authorized to levy
for the maintenance Of the roads.
It was the intention of the legis-
lature to provide road dragging in 1911
and the work must be done by the
trustees, although the regular fund is
not available until 1912.
Funds with which to pay the ex-
pense of dragging during the present
year may be taken from the regular
road levy.
Township clerks should call meet
ing of the trustees for the purpose of
making the road drag levy in time for
the annual levy made by the board of
supervisors.
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