Daily capital journal. (Salem, Oregon) 1903-1919, 1914-11-30
THE LAW PREVENTS
BUILDING OF BRIDGE
Is So WOrded that City Cannot
Aid, and Each County Must
Pay Half

\ The proposed new steel bridge across
/ the willamette river at this city ap.
pears to be held up indefinitely and
the plans which seemed to be working /
out smoothly have struck an unexpect I
ed snag in the shape of the law passed .
by the 1911 session of the Legislature
Of this state. The law of 1917 provides
that no bridge sholl be built across any
stream unless county roads or streets .
extend to the waters edge ON either
side. This precludcs any possibility Of |
placing the bridge on any spot except
at the present location on Center street
because today is the last day for pro.
yiding for the bridge in the county
budget and it is toe late to condemn.
the land and to build a road on any
other site in order to comply with the
state law.
This is not the main obstacle how
ever as the law Of 1911 also provides
that esch county shall pay one.half o.
the coN Of the bridge. If one county
refuses 10 provide for one.half of The
cost, the other county may pay all of
the cost and build the bridge. The
cost of maintenance follows the con.
struction according to law, and if on.
county builds all Of the bridge and
pays for il. this county shall also pay
the cost Of maintenance. If each coun
ty builds one-half of the bridge, the
costs of maintenance are split.
Both Would Pay Third.
Polk county has already procided for
Rpp 4 hind 0f fhn ,F h., lusI :,
heir 1914 budget, US it was the under
standing that Marion county should
pay one third, Salem Il third and Polk
county one-third of the cost of the
bridge. If Polk county pays less than
one.half, il cannot be bound by law to
pay cent should they refuse to do SO
and II is the opinion of some of the
most prominent attorneys in the Sitr
that Polk county must pay either one.
half of .hc cost Of the ridge or none
The supreme court of the state has
never passed upon the Interpretation
tf this law and there is no precedent.
A petition was filed today by f. b
Southwi@k and others to place the
bridge on the Center street site. The
county court met today and acted up.
on the petition by appointing W. j..
Culver, B, b. Hcrick, ir., and j. A..
Baker viewers in the matter. These
men will 90 over the proposed site and
report to the county court in the mat
ter
Ur to the Legislature.
If Polk county Will pay one.half OF
the cost of construction Of the bridge.
the structure may be begun this com.
ing summer, but II Polk county refuses
II will be necessary for the next legis.
! nturc to pass special law to upply to
this case permitting the city Of salem
: TO contribute q share in the matter
c A full copy of all of the proceeding
c Of the court today will be forwarded
10 the Polk county court with copies
c ,f all plans and specifications prepared
c w the state highway commission. sc
G that the Polk county court may take
such action in the matter us they feel
Q themselves justified in taking.
y That the law which is ohstructinp
v the original plan should not have been
discovered until this late date is un.
Fortunate, but It is thought by the
{ county court that it will tend to pro
; mote legislation which will clear up the
d matter. County Judge Bushey consid
!, ers that he is taking a safe course
when he refuses to place the burden
D tf building part Of the bridge upon tn,
4 'ounty when Polk county cannot be To-
gally bound to build less than one.halt
/: of the bridge and under such circum
stances It is considered possible that
j, Marion county might be compelled (,
pay for the entire structure.