Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1916-04-27
COUNSELOR MELVIN
ADVISES BOARD
Writes County Commissioners On
Road Matter---Says Statewide
Road May be Constructed.
SUBMITS OPINION.
Expenditure Of Taxes On Districts
No Money for Fourth District Road
Condition of Railroad Bridge.

regular session on Tuesday and trans
actei much business of routine and
general nature.
The matter having been referred to
him after protest by residents of the
Fourth district. Counsellor Ridgely p.
Melvin submitted an opinion holding
that the action of the Commissioners
in providing for the construction of the
Severn Station-Sulphur Springs State
aided road was in conformity with the
law. The opinion follows
April 25, 1916.
To the Honorable, the Board of County
Commissioners of Anne Arundel
County, Annapolis, Md.
Gentlemen:
Referring TO your inquiry as TO the
legality of your procedure in the mat
ter of the road leading from Severn
Station to Sulphur Springs, in the
Fourth district. l respectfully advise
as follows:
The provision of the law under
which county roads may be built or
improved with State aid are found in
Article 81 of the Code of Public GEN
eral Laws. Under that statute, two
separate and distinct methods are pro
vided for invoking State aid, namely.
the voluntary" feature and the "in-
voluntary" feature Section &C of Ar
ticle 81 embc,iies the former, and Sec
ton 67 embodies the latter
The following quotation from Sec
ton Sc shows what is meant by the
voluntary feature. whenever any
Board OF County Commissioners of any
county in this State, shall. by resolu-
ton, have declared their intention to
cause any particular road. or section
thereof, within such county. TO be
built or improved under the provisions
of this subtitle. such Board shall no
tiiy said State Riads Commission by
written notice to the chairman of sail
Commission on or before the first day
OF March in each year, and shall re-
quest OF said Commission plans and
specifications and an estimate of the
cost of the proper performance OF
s&h work. according to said plans and
specifications"
The involuntary" feature of the
statute is embodied in Section 81 of
Article 81. and provides, in substance.
that the owners of two-thirds of the
lands binding upon any public road or
section of road may petition the
County Commissioners to invoke state
aid in constructing or repairing said
road, and stating the willingness OF
said petitioners TO pay sum equal to
10 per cent of the cost of such con
structicn or repairs. and that there
upon il shall be the duty OF sail Board
of County Commissioners TO make
such request TO the State Roads Com
mission
Section 6S of said statute provides
that the State Roads Commission. af-
ter the receipt of the notice mentioned
in Section Sc. or that mentioned in 81.
shall make due examination Of hte
proposition and before adopting the
same, shall decide that the proposed
construction or repairs would be gen
orally promotive of the objects of the
statute, "and that the said road or
proposed road. is right and proper
one unuder the circumstances to be
ouilt or improved" 1t is. therefore.
apparent that the State Road Commis-
sion is the tribunal for hearing and
deciding any objections that might
arise in the above connection.
In the present instance, the "volun-
tary'' feature of the statute is the one
that has been adopted that is. the one
prescribed by Section 66 70 Article 81
and from the facts of the matter. as
submitted to me, there is no doubt. in
my opinion. that the proceedings have
been in conformity with the law
Very respectfully,
RIDGELY p. MELVIN.
On motion OF Commissioner Fried
hofer, the contract to build said road
was awarded to the A. r. Fidelo Co.
and on motion of Commissioner Wuk
inson. the contract TO build a section
of State-aid road. at Linthicum. in the
Fifth district was awarded to the
Fisher & Carozza Company.
The Board made the required state
ment of the proportionate rate of taxes
on the dollar expended en- the different
districts from July I, 1915. TO March
81. 1916 1t follows: First district
81 cents; Second district. ~ cents
Third district. 80 cents; Fourth dis
trict, Sc cents; Fifth district. SO cents
Eighth district. 25 cents. Thep ropor-
ton of expenditure on the general
county rate for the same period was
81 cents on the 800.
A commission appointed to advise as
to the construction of public road
form the Millersville road to Wood
wardsville road. in the Fourth district
! reported that the road was needed. but
that its construction, unless at nom
inal cost was not advisable on ac-
/ count of the county's financial situa-
ton. The commission consisted OF
Edward p. Watts. H. p. Watts and
/ Joseph G. Bannon.
communication from MIR. II. j
Fenton. of Annapolis. calling attention
to the dangerous condition of the
Spa Greek railroad bridge, was receiv-