The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1916-01-18

| counties is as follows:
! July apportionment S45, ,S61.15
[ August apportionment .......... 5l,2IO.6 63
Total ..................... .S97. .1Sl. Is
Our total collections as above suggested
weer Sl54, ten per cent being re-
| tained by the state for the expense OF this
| department amounts to Sl5.ll9.S5, our eN-
| penses were, total, S9.O49.0S, leaving bal
ance of $6,37077.
There seems to have been no adequate
| conception of the volume OF detail and
labor connected with the registration of
vehicles For three or four months the
commissioner and the regular office force
have been Obliged to work as high as M
teen hours day, and frequently as high
as seven clerical assistants borrowed from
the other departments were employed dur
ing the same period. This has resulted in
making the department merely revenue
collecting agency. with no opportunity for
that supervisory, administrative and en-
gineering activity so essential to success
full road building upon a large scale.
Neither has there been opportunity to
consider the larger and widely varying
aspects of the tremendous undertaking
contemplated in the law, namely, super
vision over the construction and mainte-
nance Of about $4,000 miles of state road
system
/ recommend that you provide the fol-
lowing additional help for the commits :
sioner 81 highways, to-wit: Chief book
keeper at salary OF Sl25.O0 per month;
one CLERK, TO De eN-O11ClO CaSnler, at "
salary of $4,000 per month; one addition
al stenographer at n salary of $500 per
month; and to provide special contin-
gent fund for additional help to be en-
ployed during times of emergency. IL
might be advisable to also provide COM
bination place to help in the office and
also to look after the collection of auto
mobile license tax in the field so as to
permit the commissioner of highways to-
give more of his attention toward the
other duties of his office.
The commissioner of highways has
asked that provision be made for survey
ing and drafting room equipment for the
state engineers department, including a
working library of technical books and
periodicals devoted to the professional
subjects of road and bridge building,
drainage and irrigation, sanitation, high
way administration, and studies upon the
testing and properties of all road building
materials found in this state.
on September 23, 1915, certified to
deficiency for the department of high
ways in the sum of $S1750, for tags, which
is referred to as Deficiency Certificate No.
|, in said department on October l.
1915, l certified to Deficiency Certificate
No. 2, for said department, in the sum of
S2,5OO.00, covering stamps and inciden,
tails. On January 4 1916, Deficiency CerS
tificate No. 3, for said department, was
certified to by me, which covers 81 ,036 60
for registration certificates, letter heads,
envelopes, second sheets, application
blanks for delinquent tax, application
blanks, error slips, rate books. ledgers.
etc, and SO, O00. 90 to purchase forty thou
sand tags for the year 1916.
/ recommend for your consideration the
question of covering this by an appropri-
alton out OF the earnings of the highway
department, which is $l5,41SS5, or other
funds available as in your judgment YOU
may determine.
Section l of Article 2. Chapter 17S, un-,
der the head of County and Township
Organization" provides that;
THE Board of County Com mi
ers of each county, as soon as prac-
ticabe, shall employ competent en-
gineer to be known as the county en-
gincer, whose tenure of office may be
terminated by the board of county
commissioners, who shall perform the
duties as hereinafter provided"
/ recommend for your consideration the
advisability of amending this section and
make it the duty of the board of county
commissioners to employ competent en-
gineer to be known as the county en-
gineer, with the proviso that said board
IN lieu of appointing the county engineer
may arrange with the state hikhway de-
partment to do the engineering work fos,
said county. the county to pay only the
actual expenses of the state engineer and
his assistants and to furnish such helpers
as he may need
CThe message here quotes the ad val
orum tax section of the road law)
| have been advised that the railroads |
IN this state are paying the tax author
zed to be collected by said Section | |
under protest, thereby saving their right |
to bring an action to recover same. | |
assume that they have doubts as to the |
validity of said act on account of Section |
10 of Article 10 of the constitution of the |
state. |
The Atchison. Topeka & Santa Fe Rail- |
way Company resisted the collection OF |
his tax on the ground that it violated |
said Section 20. Article 10, of the consti- |
tuition of this state, In A., T. & S. f. Ry. |
60. VS.. State, 2S Okla, "a, the contention |
70 Il fa1 INrt th.,
court Of this state.
If this one-fourth of one mill is levied |
as state tax for road purposes it is |
valid; obviously that was the purpose of
were inserted. obviously with the purpose |
)f keeping said fund from coming under
he operation of Section of Article of |
he constitution of this state.
1t is my judgment that said road fund |
could be paid into the state treasury and
De paid out under the act authorizing it |
without recurring specific appropria-
ion.
The message here quotes in detail the
opinion of the attorney general June "a,
1915, on this matter.
| recommend for your consideration the
amendment of this section so as to re-
move all ambiguity or field for construc-
ion which would gle the railroads or
'ther large taxpayers of this state any
ground to resist the payment or the val
dty of this tax.
l recommend for your consideration the
amendment of proper sections, so as to
permit the county to make a tax levy for
general purposes and also for road pur-
poses in addition to the one-fourth of
me mill, the total levy not to exceed
he limitation prescribed by Section .
,r Article 10 of the constitution. | take
( that the legislature intended that the
county II it liked could make a levy up to
light mills for road purposes in connec-
ion with the other levies to be made for
current expenses. | recommend for your
consideration the amendment Of said Sec
ion to make it more definite and GER
ain. II have properly apprehended the
mention of the legislature this amend
nent should be made in the nature of
ieclaratory act. For some counties, / am
Idvised, have so levied the tax and where
declaratory act is passed the courts
would probably follow the subsequent ex-
PRESSED legislative intention in the de-
laratory act
| recommend that Section be amend
ID. substantially, to read as follows:
All counties in the state having
made levy fol any year of one
fourth Of one mill upon all taxable
property as provided in the preceding
section. and having otherwise COM
piled with the provisions of this act as
to submitting and having plans ap-