Arizona republican., 1911-06-23
The Status of Special Road Districts.


 On account of it's importance locally we print this morning the opinion and decision rendered by Judge Kent a few days ago in the case of the Glen dale Land company versus D. C. Bao- bitt, county treasurer, in which it was held that the special road districts which have been created in Mari copa county are still in existence.
 Under the provisions of a statute enacted in 1907 three special road dis tricts have been created in Maricopa county, and some other counties also have taken advantage of the statute In this county there is a special dis trict covering Central avenue for dis tance of several miles from the north ern boundary of Phoenix, and for im- provements within the district bonded indebtedness of thirty thousand dollars was voted and was validated by congress. Another district, GOV ering the Mcdowell road easterly from the eastern boundary of the city was created, and bonds in the sum of twenty thousand dollars were voted, but congress has not yet approved the proposed bond issue. The other district, which Is northwest. of town, is known as the Glendale district
 The effect of the act of 1907 was to take away from the county super visors and road overseers all control over speclai road districts and lodge them with the trustees of each spe- cial district the management of lead affairs therein, and to empower the supervisors to levy a special tax for road maintenance in such districts the funds accruing from such special tax to be expended under the direc- ton of the district trustees.
 In 1909, however, the legislature again tinkered with the public roads problem, and this time passed law abolishing the road overseers and creating the office of county superin- tendent of roads. This latest law lodges with the supervisors and super intendent of roads the control of county roads.
 In the case decided by Judge Kent the main question at issue was whether the act of 1909 abolished the law of 1907 which provided for the creation of specia! road districts. Although the law of 1909 is silent on the question of special road dis tricts tel end providing that all acts in conflict with the law of 1909 are repealed, it was contended on one side of the case we have cited that the intent of the legislature was to repeal the law Of 1907 in relation to special districts. Judge Kent holds that the law of 1907 was not re- pealed by the law of 1909 and that the special road districts are not af- fected by the later law.
 W nlle JuuBe htul nOIuS ludl lHc special district law stands unrepealed, Judge Campbell of the Tucson dis trict, in a case arising in that county, has taken the contrary view and holds that the law of 1909 did repeal the law of 1907, and that, therefore, the special road districts no longer exist.
 Until the supreme court passes upon the question. as it undoubtedly will have to do in the near future be- cause of these conflicting decisions in two of the district courts. boards of supervisors will be confronted by somewhat of puzzle as to whether they shall levy special taxes for the benefit of special road districts. If the supervisors of Maricopa county follow public sentiment. however, they will continue to levy the re- quired special taxes, as practically everybody in this county is in favor of boosting the good roads move ment.