The Idaho Springs siftings-news., 1917-03-09
No GOunty Money For
GEORGETOWN Streets

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County Attorney Regennitter
has been criticised for advising the
county commissioner against APP
propriating money for the Silver
Plume road within the city limits
of Georgetown. The following
communication from Mr.. Reg
ennitter explains the case clearly
and concisely.
The Georgetown Courier of last week
the law does not permit the Board Of
County Commissioners to expend county
funds on the streets of the cities and
towns within the county. The history
of the matter under consideration is
as follows:
About year ago, Mr.. Crist, the city
attorney for Georgetown, came before
the Board with q delegation, from
Georgetown and Silver Plume, called
attention to a section of the highway
law. and asked the Board of County
Commissioners to expend what he called
State money (money received from the
State for road work. for the purpose
of altering the course and grade of that
part of what is commonly called the
Silver Plume road which is situate
within the corporate limits of George
town. Correctly speaking, this is a
Georgetown street. 1t contains a very
heavy grade. My position was that
the Board had no such aut- ority. Mr..
Crist later took this matter up with the
State Highway Commission, who in
turn informed him and the County
Commissioners that my position was
correct and that the road had no such
power.
A proceeding under general statute
territory containing this street was
next considered, but Mr.. Crist decided
that was not feasible. He was then
also member of the Legislature and
concluded that after reelection he would
secure the passage Of special act
amending the charter of Georgetown
SO az to permit disconnectlng this
territory. He was not reelected, but
his successor. Mr.. Mcdonald, was in
formed by me of the situation and, even
before his election, l suggested to him
that he see the people of Georgetown
and Silver Plume with reference to
such bill After his election Rep
resentative Mcdonald asked George
town and Silver Plume people to have
such bill prepared and sent to him
for introduction. This they unfort-
tunately omitted to do, and recetly the
Board of Selectmen of Georgetown
have suggested the CONVEYANCE by them,
of right of way within the city of
Georgetown to the County, upon the
theory that that would put the County
Board in position of being able to ex-
pead county funds upon this str ct. My
opinion, as county attorney, was asked
as to whether such an expenditure
would be lawful l advised that it
would not, that under the law George
town has no power to convey and that
the County has no power to receive
such conveyance for the purpose in
tended, and that the County Board
would have no authority to expend
county funds upon such a right of way,
because it would still remain a public
wav within the corporate limits of
Georgetown. AS suggested by the.
Courier, Mr.. White and Mr. Crist were
both present and disagreed, not only
with me, but with each ether, Mr..
White agreeing that the Legisla ature
has full power to amend the charter of
Georgetown in such way as to auth
orize the disconnection of this territory,
while Mr.. Crist took the position ICON
trary to his former view that the
Legislature has no such power.
In this connection, it is interesting
to note that bill passed both Hous es
, of the Legislature few days ago, the
effect of which is to apportion the County
road taxes in such way as to assist
towns and cities in the care of their
streets and alleys. 1t contains pro-
vision by which so per cent of the taxes
levied in the cities and towns is to be
returned to them for expenditure on
their streets and alleys.
After charging me with prejudice,
the Couier says
"The antagonistic position taken
by Mr.. Regennitter in this matter
is in strange contrast with the posi-
ton taken by the legal fraternity
of Idaho Springs, bv their former
Commissioner Coppard and by the
citizens of that place generally,
when they demanded that an iron