The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1916-09-24

manifestation Of an attempt to circurn-
scribe or restrict this statutory right
OF selection. On the contrary, an In
tention is apparent to leave Its exer-
else by the proper tribunal free and
unfettered by any limitation what
ever. The petitioners and voters evil
IDENTIFY knew OF the existence of the
two roads between the points named
They also knew both highways were
not, and only one OF them was. intend
ed to be benefited by the contemplated
Improvement, Some one must SUNNY
the omission, that one necessarily be-
ing the tribunal to that end empowered
by statute. This objection, therefore,
is untenable.
The fourth and last irregularlty con-
Germs the character of the material IA
be used In the improvement OF the
roads specified. While the language
used may perhaps engender some
doubt when cursorily read, except a
careful examination will lead to the
conclusion that the voters clearly I'M
derstood and intended 10 consent ia
the use OF concrete in the rccnnstruc-
ton OF such roads. Tho language en-
ployed by the petitioners, so far az
now pertinent. and carried into tho
order OF the county court, prays thai
the proceeds arising from the sale Of
the bonds shall be used by the county
court in relocating. grading and build
ing or IN the permanent improvement
OF the following named roads in such
manner as is prescribed hy law, the
roads 10 be improved by the proceeds
OF said bonds being as follows. TO-
wit: "A fifteen foot concrete road he
ginning at the Maryland line lust
west Of Hutton and extending 10 and
through the town of Terra Alta and
thence to and through the town OF
Albright to the Pleasant district line.
q fourteen foot concrete road begin
ming at the Union district line on the
Aurora pike etc. II is contended
that the word concrete" is a part OF
| the description of the road, and not a
specification Of the material TO be
used. But none of the roads were
concrete roads. The evident int L Of
the voters was to make them such. In
its order calling the election. the coun.
ty court provided that the proceeds
derived from the sale OF the bonds
should be used In making permanent
improvements on the roads specified
in the petition and to the extent there.
in set forth. by the use OF concrete
and such other materials as are re.
quired to complete the work in the
manner prescribed by law" Ii is
directed the vote to be taken upon
that issue, making due provision for
the election, the assessment OF the tax.
es and the disposition OF the proceeds
TO he derived therefrom. The voters
, doubtless understood, when yotins
their consent so TO be taxed, that the
material TO be used in making the pub.
lie improvements authorized by them
was concrete and such other material
as was necessary to build concrete
| roads, They expressed willingness
to be taxed for the construction OF
highways out OF that character of road
building material, and none other. Ii
cannot reasonably be said they con.
templated the substitution therefor OF
water-bound macadam, although per.
haps less expensive than that TO which
they assented, Doubtless thine petition.
ers had in mind the use Of the same
material. as evidently did the county
court when granting their prayer and