The Denison review. [volume] (Denison, Iowa) 1867-current, 1912-01-17

not think there can be any doubt
about this being the proper interpre
tation to be placed upon the provision
in question and l believe it gives force
and effect to the intention of the legis
lature. A number of reasons and con
siderations occur to me which sup
port the Interpretation given but
shall not attempt to set all OF them
out here. If the legislature had In
tended that the compensation should
be at the rate of fifty cents for round
trip on a mile of road it would be
equivalent to saying that the rate
should be Is cents for each mile OF
travel. l think the legislature ment
to authorize the trustees to fix the
rate per mile on the basis of the num-
Der of miles necessarily travelled in
dragging. 1t occurs to me that the
words back ant" forth" are used IN
the new law for the purpose of en-
phasizing the fact that all travel while
in the act of dragging should be taken
into account in determining the mum
Der of miles and does not have refer.
ence to round trip in dragging a
stretch of road. In any event it is
discretionary with the trustees in fix
ing the rate of compensation and II
the maximum of fifty cents should
prove to be too high under any con-
ditions, the rate could be reduced to
a point where it would be fair and
equitable under the conditions under
which the work is done. But II the
provision in question should be con-
strued to mean. that fifty cents is the
maximum authorized to be paid for
travelling two miles with the drag, it
would undoubtedly have the effect in
some localities of making it practical
ly impossible to secure any one to do
the work.
Q.-At later date, disagreeing
with the attorney generals opinion on
this point, I wrote him as follows:
according togour Interpretation OF
what man would have to do with say
with a drag. a total of eight miles. It
would be to travel four miles and back
three horses, to earn $500 per day,
other words if he took piece OF road
four miles long which it only took
one round of travel to keep in order,
he could go over this four miles OF
road in one round trip, put it in condi
ton, charge up to the trustees $500,
go home to dinner, and do another
days work in the afternoon. In other
words, a man with two heavy horses
and drag, or with three horses and a
drag would earn, according to your
Interpretation from $500 to $1,000 a
day, which you readily see would be
an exorbitant price.
81 just now called up one of the
most practical road men in Wapello
county, and asked him what the aver
age days work was of travel, for a
good heavy team, heavy drag and a
man. He said that in his township,
he had dragged from the center to one
corner of the township, and back in
a forenoon, making total travel OF
twelve miles, which is six miles round
trip, and in the afternoon had travel
ed in the other direction, exactly the
same distance and back, making an
other twelve miles travel, or another
six miles round trip, or total travel
of twenty-four miles for the day, and
which would be twelve miles round
trip According to your interpreta-
ton this would bring him twelve dol
lars, which would be extremely eX-
travagant He tells me that team
on ordinary roads would travel twenty
miles with a drag and on your inter
probation, even this would give him ten
dollars"
A.-You cite various illustrations to
demonstrate that the compensation to
be paid for dragging under the inter
probation of the law as you conceive
l made it exorbitant. For instance,
you say that under my Interpretation
of the law person in making round
trip with the drag on six-mile stretch
of road would be entitled to $500 and
that under average conditions a man
with a team of two or three horses
could accomplish this in half day
and could drag another stretch of road
equally long in the afternoon and thus
earn another $500, making $1,000 in
all. might agree with you that this
much compensation for this much
work is too high, but under the law
have interpreted it is absolutely un
necessary to pay the amount men
toned for that amount of work. AS
| said at the outset, you have miSread