Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-04-11

cOuSlTuCtiOn IS begun on q state Dlgh-
way in any county, it shall be con-
tinued until a stretch of seven miles
at least is completed seems to indi-
cate that it was not expected that
there would necessarily be a recon
struction throughout the entire length"
states Attorney General Scott Wilson
Of Portland in an opinion rendered
Friday in response to an inquiry by
Lyman II. Nelson of Portland, chair
man of the State Highway Commits
sion.
The opinion of Attorney General
Wilson is as follows:
II have given the matter to which
you refer consideration, and it does
not seem to me in the first instance
the matter of cost should be the de-
termining factor in classifying the
highways to be known as State high
ways. under Section 6 of Chapter 100,
as it would be if we assume they
must be Reconstructed throughout the
entire length and It must be done from
the proceeds of the bonds. 1t should,
rather, in my opinion, be the securing
finally of connected system of main
highways throughout the State which
would best accommodate what might,
perhaps be termed, through travel
az distinguished from mere local trav-
ell, and interloclling SO as to bring all
parts OF the State in touch.
THE commission may add to them
or discontinue parts at later time, ac-
cording as they determined the needs of
the State require. In other words, it
does not seem to me that it was the
intent of the Legislature, as expressed
in this act, to only include within the
class, State highways such an extent
Of highway as could reasonably be
reconstructed or improved throughout
its entire length for the proceeds of
the bond issue authorized by this act.
Having classified the highways ac-
cording to Section 6, the question then
confronting the commissioners, accord
ing to my view of it, would be, what
portions of the first class, known as
State highways, require reconstruction
or Improvement in order to make them
suitable for the purposes designated
and to what extent can the necessary
improvements be made with the funds
available for the purpose.
THE fact that the law provides for
the distribution of the proceeds equit-
ably. among the different counties, may
be taken to indicate that it was not
expected that the whole of the high
ways classed as state highways should
be reconstructed or improved through
out; otherwise, the amount of State
highway located i'll the several coun-
ties would determine the distribution
of the funds. The provision, also, that
when construction is begun in any
county it shall be continued until a
stretch of seven miles at least is COM
pleted seems also to indicate that it
was not expected that there would
necessarily be a reconstruction
throughout the entire length.
1.-THE provisions of Section 9 in re-
lation to maintenance, which provides
that such parts had been constructed
and improved by the State under this
act, and such other parts as the COM
mission should take over shall be
maintained according to the provisions
of this system, also seem to indicate
that it was not the intent of the Leg
islature' that the reconstruction or
improvement of so-called State high
ways should necessarily extend
"Then, too, the Legislature must
presume to have acted with the full
knowledge that while this act did not
provide for any other funds being
used for construction, except the bond
issue, subsequent Legislatures might
provide at any time additional funds
for that purpose out of the annual
income of the State.
while the fact that the Legisla-
ture in this act only provided a GER
tain sum for construction of State
highways should have great weight
with the commission in determining
the character of the roads that should
be built and the expenses of the same,
in order that the purposes of the act
may be realized within reasonable
limits, at least, yet it does not appear
from the terms of the act, at least,
l am unable to construe it, nor does
it hardly seem probable that the Leg
islature would undertake to hamper
the work of the commission which it
authorized to employ expert road
builders, by precluding them from ex-
ercising their best Judgment guided
by expert advice as to the character
and extent of the road they would
build or improve, by declaring that
certain class of highways extending
through the State should be built or
improved throughout for a certain
sum.
when they provided that the sum
named should be apportioned equitably
among the different counties, they
went as far as they deemed it wise
in determining how the money should
be spent, leaving the commissioners
to use their best judgment as to how,
with the funds at their command, they
could best carry out the purposes of
the act"
Letters to Overseers Of Poor in Maine.
For the purpose of discussing topics
of mutual interest and hefpfulness,
Secretary James F. Bagley of the State
Board of Charities and Corrections
Friday sent out letters to the over
seers of the poor throughout the state
asking for their opinion as to holding
q convention of overseers.
Secretary Bagley's letter is as fol-
lows: