Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1915-07-19
STATES POWERS ARE
GIVEN BY KELLER
Deput Attorney General Says All
Roads Need Not Be Taken
Over Right Off

The State Highway Department is
not obligated to take over at any fixed
time those portions of State highway
routes that have been built previously
by the county commissioners and are
known as county roads" Neither is
it obligatory on the State Highway De-
partment to take over at any specified
time those portions of highway routes
running through. boroughs. This in
formation was conveyed to State High
way Commissioner Cunningham to-day
| by First Deputy Attorney General
Keller in an opinion rendered in re-
sponse to request of the commits
sioner.
Deputy Attorney General Keller calls
attention to the clear distinction be-
tween county roads" and township
roads. which is made in the fifth Sec
ton of the Sproul act. Under this act
| all township roads and abandoned and
condemned turnpikes were directed
! specifically to be taken over by the
State Highway Department. This pro-
vision did not apply to county roads
which are governed by the clause
which states Said highways are to be
/ taken over in whole or in part from
| time to time as circumstances and con-
ditions will permit"
The Deputy Attorney General then
says that these county roads which
have been built and maintained, or
! ought to have been maintained, by the
/ respective counties are to be taken
/ over from time to time as the commits
| sioner sees fit and that there is no
4 fixed time that it is obligatory on the
part of the State Highway Depart
ment to take them over. He also tells
the commissioner that he must give
notice in writing to the county off,
cials of this intention and of the date
/ when the department will assume the
| maintenance and care of such roads
After this, of course. it is the duty of
the. State Highway Department to
maintain the roads.
Referring to the State highway
routes running through boroughs, Mr.
Keller says that the State highway
Department is to be governed by Sec
| tion 10 of the Sproul act, which pro-
vides that the act shall not be con-
strued as including roads, streets and
highways in the cities. boroughs or in
| corporated towns. If such a road,
street or highway in borough or town
| Is a part of State highway route and
has not been improved or recon
structed in a manner satisfactory to
the State Highway Department. re-
| qulrements the commissioner is au-
thorized with the consent of the bor-
ough authorities, to improve or re-
monwealth. but, says the Deputy At
torney General this consent may be
evidenced either by an ordinance or
resolution of councils, or it may be in
ferred under the act of. the failure Of
the borough authorities to file in writ
ing objection with the department
within sixty days after the commits
sioner has notified them of his inten-
ton to take over the highway. He
concludes:
Unless and until you give the
proper borough authorities notice in
writing of your intention to take over
for reconstruction and maintenance
any such road, street or highway, or
/ part thereof, within said borough, un-
der the provisions of said act, there is
no obligation on you to reconstruct or
maintain the same. Such action will
| be taken by you at your discretion.
when the failure to take over such
read, street or highway would leave
an unimproved gap in a continuous
improved State highway"