The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-01-04
EXPENDITURES OF
HIGHWAYS
BODY ARE VALID
Commission Has Not Elk
ceeded Statutory Au-
thority, Says LANCER
PRELIMINARY
WORK NECESSARY
Says 1919 Fund
May Be Spent Anywhere
in the State

Bismarck, n. D.. Jan. 4. - Atty.
Gen. William s. LANCER does not be-
lieve that in expanding approximate
Iy $4,000 in preliminary engineering
work in addition TO the $4,000 specif-
cally provided by the last legislature
for immediate organization work, the
state highway commission has ex-
ceeded its statutory authority.
The attorney general, at the re-
quest Of the highway commission,
has furnished it with a written opin-
ion, in which he constructs various
sections of the new highway act
which he holds were enacted
specifically 10 enable the state to
guaranteed under the Shackelford
post roads bill.
Spent In Organization.
Investigation has disclosed to
me-" writes the attorney general,
that approximately $4,000 has been
credited to the state highway com
mission. all of said money coming
from sources within the state. and
not consisting of any federal aid, and
that of this amount approximately
$4,000 has been spent in addition to
the $4,000 provided for in section 3,
and the question arises whether or
not the state highway commission
has the authority to spend more than
10 per cent of said fund of $40
at its discretion. 1t is my opinion
that the $4,000 provided for in sec
tiOn 3 was to be used for the pur-
pose OF Immediately organizing the
state highway commission and per-
forming all necessary preliminary
work, purchasing supplies Office and
field equipment. and securing assist
anCe. InasmuCh as an emergency
clause was attached to this chapter,
it evidently was the intention of the
legislature to have this $4,000 spent
Immediately after the session ad-
journed. so that full advantage could
be taken OF federal aid.
Il understand the federal aid for
1916. 1917 and 1918 will total APP
prOximately somewhat less than one
half million dollars. The state and
counties will have to spend an equal
under the supervision of the state
highway commission. II is evident
that with the tremendous amount of
money to be spent upon the high
ways, much work antiCipatory
to said expenditure must be done.
Anticipated Expense.
1T was obvious that after the S.
900 as provided for in section
was expended that salaries. travelling
expenses. postage, supplies, equip
ment for both field and Office work.
furniture and fixtures. printing, tele-
graph and telephone charges. dray-
age, express and freight charges and
other miscellaneous items would still
continue, and 1t is my opinion that
the legislature contemplated that the
same should continue and that some
should be considered i'm part as the
expenses of the state highway COM
and in part should also be
considered as a part of the states
portion in the cost of properly main
tanning all highways and bridges,
improved in pursuance to the provi-
sions of this act. as the state high
way commission might determine.
1T is elementary that much
preliminary work must be done on
each road before the same is ready
to have actual construction com
menced upon it, and from the terms
of the law that work must be done in
each one of the fifty-three counties
because the law specifically states
that a portion of the money collected