Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1911-12-06
ROAD Law PROVISIONS
Attorney General Writes Opinion Of
Much Discussed Statute.
PROBLEM Is COMPETENT MEN,
Road Dragging superintendent Arc
Liable to Fine and Impris0n-
ment for Failure to Com
ply With the Law.

Road dragging superintendent
and contractors are liable to fine
and impris onment in case they will
fully neglect or refuse to comply
with the Iowa road dragging law.
The threat Of removal from Office is
not likely to influence any of these
officials or agents, but according to
Assistant Attorney General Lee they
are not only subject to the penalties
found in the road law but also to
the general law for failure to per-
form any official duty. He suggests,
however. in an opinion rendered to
an Allamakee county official, that
after all the right way to have the
road dragging law enforced and to
get good out Of it is to get the right
men for handling the law. His
statements are of general applica-
tion and are as follows:
Your complaint is typical of COM
plants concerning the same matter
which comes from all parts of the
state and it is very difficult to know
just what advice to give in many
cases. The law relating to the drag
ging of roads Is very specific and is
mandatory in all of it's essential pro-
visions, but there are a number of
unimportant details which / think it
is difficult and impracticable to COM
ply with and failure to do so, in
the large majority of cases, can only
be attributed to neglect and disre-
gard of the duties imposed by law.
Naturally considerable discretion
is repOsed in the township trustees
and the road authorities in the drag
ging of roads, and this is necessary
and proper and in cases where this
discretion is not wisely exercised or
where the best Judgment is not ex-
ercised in the manner of doing the
work or in hiring proper persons to
do the work, no satisfactory remedy
is available. The remedy in such
cases lies with the people themselves
in selecting officers and servants who
not only have the proper quaiifica-
tions, but also have the proper re-
gard for the law. In cases, however,
where there is no effort made TO
comply with the law and there is a
total disregard of the plain duties
and acts required by the law, the law
itself imposes certain penalties upon
those who are guilty of such
breaches.
While road authorities and town
ship trustees may be compelled to
act and do their duty by mandamus
proceedings. yet that remedy would
not, in my judgment, prove very sat
isfactory. The average township
trustee or road superintendent or
person holding contract to drag a
road usually accepts said position
under protest and from a sense OF
public duty, and If an attempt We're
made to compel such officers to act
contrary to their own ideas in the
premises, they would, in many cases.
resign their Office. Again, all such
officers may be removed from office
for failure to perform the duties
enjoined by law. but this remedy is
no more satisfactory than man
damus proceeding because, as sug-
gested, there is not sufficient induce
ment to hold such office.
In cases where the superintendent
of dragging or the person with whom
contract has been made to drag the
roads violate any of the provisions
of the new road drag law, penalty
is imposed by that law. and a penalty
Is also inflicted upon the township
clerk for failing to set aside the
funds required by said act, but the
road drag law itself does not impose
any penalty on the township trustee
for failure to perform the several
duties upon them by the law.
Section 4904 of the Code, how
ever, provides that when any duty
is or shall be enjoined by law upon
any person holding any public trust
or employment, every wilful neglect
to perform such duly, where no spe-
cial provision has been made for the
punishment of such delinquency, Is
a misdemeanor. And Section 1906
provides that anyone convicted Of
such misdemeanor shall be punished
by Imprisonment in the county Jail
not more than one year or by fine
,, not exceeding $500 or by both such
fine and Imprisonment.