The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1912-07-16
RAPS OFFICIALS IN
AUTO FUND SUIT
State Roads All Over Common
wealth In Bad Condition.
SUPERSEDEAS IS REFUSED
Philadelphia Mutual Aid Society Or
dered To oult-state Association OF
Shorthand Men Meet--com-
plain OF Excessive Tolls.


dangerous condition" of many OF thu
roads In the States 9,000-mile system
was placed on the shoulders OF Audi
tor General A. w. Powell and STATE
Treasurer Robert X. Young because o.
their refusal to pay from the millior
dollars accumulated from automobile
licenses money required by State
Highway Commissioner L. NJ. Bigelow
for the maintenance Of the roads by
Attorney General John c. Bell in the
Dauphin County Court. The applica
ton to make the appeal from the de
cision of Judge S. ]. M. McCarrell
who upheld the constltutionality OF the
appropriation section of the act, as
supersedeas and thereby prevent any
payment Of money, was presented to
the Judge. Thomas A. Crichton, cash
Ter of the State Treasury, who appear
ed for the petitioners, claimed that
constitutional questions affecting the
auditing system Of the State and in
volving millions of dollars should be
settled before the fiscal officers should
be required to make payments as di-
rected by the Court in passing on the
act.
What is this grave constitutional
question that has been so much talked
about and never argued?" demanded
Mr.. Bell, who recalled that the con-
stitutionality of the act was not dis
cussed in the hearings. He contended
that the act specifically appropriated
the income from automobile licenses
10 highway purposes, just as bequest
of "all" Of the estate of a decedent
was valid without specifying an
amount. Then he said
'It is conceded that the State
roads all over the Commonwealth
for which the State is responsible
are in a condition that jeopardizes
life and limb and personal prop
erty. The Highway Commissioner
has been hailed to the bar Of courts
for neglect when It is not his
neglect. He can't repair roads II
the fiscal officers refuse to pay the
money he requires. There is a
public demand, demand all over
the State, that the roads be put
IN safe condition"
Pointing out how the fiscal officers
had blocked the determination OF the
question they had raised, he said that
their conduct had bordered on official
contumacy and that the application
bordered on an insult to the IN
telligence. dignity and, orderly ad.
ministration of affairs OF the people
Of the State"
Mr.. Crichton contended that II the
officers were required to pay and a
supersedeas refused 1t would compli
cate matters and that in the event OF
an adverse decision recourse might be
made on the bonds OF officials. He
said that there was danger Of ellminat
ing the States whole auditing system
Deputy Attorney General w. NJ. Har
gest closed by saying that the Audi
tor General and State Treasurer were
very jealous to have sustained the
anthracite coal tax, which contained
an appropriation provision similar tC
that to which they objected in the
automobile license act. In the Goa
tax act the half of the tax is to 80 tc
coal producing counties.
The Judge gave Lower Merton
Township, Montgomery county, right
to intervene in the case because Its
roads are suffering from want of care
and Its commissioners want decision
Judge McCarrell refused to make q
supersedeas the appeal OF Auditor
General Powell and State Treasurer
Young to the Supreme Court In the
automobile license case. The effect
of supersedeas would have been to
stop all chance of the State Highway
Commissioner getting the use Of any
OF the million dollars accumulated
from licenses until the Supreme Court
passed upon the questions raised.
The Court says that an imperative
necessity apparently exists for imme'
diate action on the part OF the high
way commissioner to repair the roads,
and that II the supersedeas were
granted he would not be able to do
anything for some time. In the opin'
ion OF the Court harm may result to
the public by granting a supersedeas
and the opinion says that the Judge is
unable to see how any harm can come
to the officials either officially or per
sonally by reason Of Its refusal.
Non-Partisan Name Pre.empted.
al Ahn ArrAt, -Da n Alnn N nm ri n