The Big Sandy news., 1920-10-29
COUNTIES CAN NOT
LEND ROAD FUNDS
COURT OF APPEALS KILLS THE
LAW DESIGNED TO HASTEN
ROAD BUILDING.

Frankfort, KY, Oct 26.-Fifty- six OF
the sixty-five projects in the primary
system of State highways established
by the last Legislature will be with
out funds for construction is the opin-
ion OF Joe S. Boggs, State Highway
Engineer, II the opinion OF Judge
Thomas in the recent case of James
r. Rash against w. w. Crick, Judge
or Hopkins-co.. is not modified.
This opinion, Boggs says, invalidates
provisions Of Section IL of Chapter
15s Of the Acts Of 1920. which was
passed for the purpose OF enabling
the counties to loan money to the
State. %
Mr.. Boggs made a statement today
In which he clearly sets forth the ef-
feet that the decision of Judge Thomas
has on the road law and 1t follows:
"The recent decision of the Kentuc-
ky Court of Appeals in memorandum
opinion enjoining Hopkins county from
loaning S150,000 of their bond issue 10
the Department OF State Roads and
Highways for use in the construction
OF the Dixie Bee Line in that county,
In my mind CLEARLY invalidates the pro-
visions OF Section IL, Chapter 159 of
the Acts of 1920.
This section OF the new road law
was so drafted that any county in the
Commonwealth desiring to hasten the
construction of a State primary road
could, by paying the cost thereof, have
same constructed prior TO the time
that the State had funds available for
that purpose and receive reimburse
ment out of the State road fund when
the project of which the road was a
part was completed in its entirety, and
at this time Clay county had offered
S2000oQ; Lee county. $4,000; Clark
county. $4,000; Hopkins county,
$4,000; Lawrence county, S125,0O0;
Pike county, 100000; johnson coun-
ty, 100000, and Ohio county, $4,000,
totaling s1,0s1,OO0 that was immed-
lately available for use in the con-
struction Of important roads in these
several counties
These offers have heretofore been &C.
cepted by the commission, but in my
judgment this decision of the Court
OF Appeals clerly invalidates them, and
unless these various counties are will
ing for the, above mentioned funds to
be contributed to the State 1t may pos
sibly be several years before such
roads are built.
This decision, taken In connection
with the defeat of the whisky tax,
leaves the State road fund In preca-
rious condition as concerns future con-
struction, for after deducting rea-
sonable sum for maintenance purposes
and the liquidation of State aid claims,
there will be less than $4,000 900 avail
sufficient to match Fed
eral aid for the next two years--and
will necessarily cohfine State expendi-
lures to the nine projects In Kentucky
that have been heretofore approved by
the Department of Agriculture. these
being the Mayo Trail, Ashland to Pike
vile; Midland Trail. Ashland to Wick
life; Kentucky Virginia Highway,
Lexington by way of Whitesburg to
the Virginia line; Pineville- William
son, w. Va; Eastern Dixie Highway
from Corbin to Jellico. Tenn; Corbin
to Cumberland Gap; Jackson Highway
from Louisville to Tennessee State
line; Dixie Bee LINE from Henderson
to Tennessee State line, and the Ohio
River Road from Louisville to Padu-'
cab, leaving fifty-six other projects
without funds available unless county
and the citizens interested
are willing to donate sufficient funds |
for immediate construction.
1T is, therefore very necessary that
ii the people OF Kentucky desire the |
early construction OF the primary sys-
tenn Of roads laid out by the last Gen.
eral Assembly that some steps be ta-
ken in the near future for an enlarge
ment OF the revenues of the depart
ment and the levying OF some form of |
tax that is constitutional"