The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-05-24
Road Law Was Sustained BY the
State Supreme Court.
DECISION WORTH GREAT DEAL
How Statute Operates: Judges Take
Sensible View: Highway and
Farm Value.


the value of $6,7O0,OOO may be built
at once without adding dollar 10
county or state taxes, declared Sena-
tor j. II. Elwell, as the result of a
decision of the Minnesota supreme
court, holding the Elwell good road
law constitutional.
THE decision is worth ten extra
sessions" said Senator Elwell: 1--WE
may now go ahead and anticipate
road funds for ten years. 1t has been
calculated that good roads can be
built under this law at an average
cost in Northern Minnesota of SLIP
year for each quarter section of
land benefited. | believe it will
double the value of Northern Mime
sofa land Immediately.
40 Project in Northern Minnesota.
Northern Minnesota road projects
under this law have been under
taken to a total value of $2,250,000.
These include the proposed roads
from International Falls to the twin
cities, entering Minneapolis at Cen
trail avenue, the road from Duluth
to the twin cities by way of White
Bear one from Moorhead to Duluth
and one from ST. Vincent to Duluth.
There is also a proposed road from
the twin cities west to the state
boundary.
Not a cent need be paid on any
of these roads until the work is fin
ished. Under the law the county
will issue certificates of indebted
ness for the whole cost, payable in
from one to ten years. OF this sum
the state will pay one-half, the
county one-quarter and the benefited
property one-quarter.
How to Ascertain Benefits.
ITO ascertain the amount that any
county may undertake in new roads
Immediately, one need only multiply
by twenty the amount of state aid
received by that county this year
Hennepin county would be author
lied to build 100000 of state aided
roads Immediately.
Another good result will be that
long stretches of road, from ten to
tractor. instead of in the piecemeal
fashion now done, and contractors
may be employed who can use heavy
modern machinery and do the work
at half the cost now paid and do
il better"
Major George w. Cooley, state
highway engineer, said today that
work probably would be begun with
in thirty or sixty days on the pro-
posed twenty-five mile road from
Thief River Falls easterly, which
was the basis of the test suit de-
cided by the supreme court.
Roads Already Planned.
There are nineteen roads already
planned under This law" said Major
Cooley. "The highway commission
will consult with the attorney gen
eral on the details of procedure
within n few days. 1t will be neces-
sary for the commission to examine
the details of petitions that have
been received to see whether the
projects are feasible and ! am not
sure whether actual construction can
be commenced this summer on any
other roads"
The suit decided by the supreme
court was begun by Fred Fl. Murray
of Ramsey county as a taxpayer in
the district court to enjoin State
Treasurer w. ]. Smith and others
from paying out money under the
Elwell law for the Thief River Falls
project.
Sustained BY District Court.
The district court sustained a de-
mnrrer and this decision is affirmed.
The only question litigated was
whether the provision of the law
for an assessment of one-fourth OF
the cost upon property benefited was
obnoxious to article 3, section 1, of
the constitution, prohibiting state
loans for public internal improve
ments. The decision is that it is
not.
1.-The value of good roads is bet
ter understood" says the conrt, in
holding that the decision in Sperry
against Flygare, twelve years ago,
does not apply to this case" The
farmer now has his automobile, his
traction engines, and his telephone.
He has all the facilities for reaching
the best markets at the right time
except the good roads. We think Il
can fairly be said that the establish
ment and maintenance of a rural
highway that gives the owner of
land easy and convenient access to
his markets enhances the value of
his land and constitutes a special
benefit, different in character from
the public or general benefit
1, MASSACHUSETTS FIRST to Act.