Capital journal. (Salem, Or.) 1919-1980, 1920-09-10
Polk County Road Case
Back on Former Status;
Injunction Is Dissolved
Highway Commission Understood to be Favorable to
Fulfilling Terms Of RickreaN Agreement; County,
Part in Contract u Left to People to Decide.

S1SS SsS NOftST0C1 ~ AG
4 With the injunction asked by q
committee Of Polk county citizens
against the state highway commits
sion, which has held up all state
road work in Polk county for sew
eral weeks, dissolved by. Circuit
Judge McCourt in Portland yester,
day and the announcement of
members of the highway commits
sion that the suspended paving OBJ
erations on the west side hignway
VIII pc resumed at once, the Ques-
ton OF what Is to be done in the
matter Of completing the Salem
Dallas road is understood to rest
entirely with the Polk county peo-
pie.
The highway commission. it is
understood, stands ready to con-
form to the '.gentlemen's agree
ment" reached with group of
Folk county people at Rickreall, in
the spring of 1918, provided the
Polk countp end of the agreement
is fulfilled. Judge Robinson of the
Polk county court stated recently
that the county court was not a
party to the Rickreall agreement
and refused to grade the highway
route south of Monmouth, as a con-
sequence of which the highway
commission ordered the work on
the Salem-Dallas work suspended.
Word from Dallas this afternoon
stated that the people who brought
the Injunction suit had not yet re-
ceived official word Of Judge Nc
Courts decision and could not
make any statement as to what
their future course would be in the
matter at this time.
Judge McCourt having dissolved
the injunction upholding, in effect
at least, the state highway COM
mission in it's controversy with Polk
county officials. it is now up to
Polk county to show its good faith
by proceeding with the fulfillment
of its end of the road program, ac-
cording to members of the state
highway department here.
Before the state highway depart
ment can reasonably be expected to
enter upon any further paving
work in Polk county, except upon
the main Pacific highway, the
county commissioners of Polk
county must demonstrate their
willingness to "tote square" by
completing the new grade on the
main highway south of Monmouth,
ii is pointed out by state highway
commissioners.
Any further work on the Salem
Dallas road connecting Dallas with
the main highway by stub road
from Rickreall is practically out of
the question this year, 1t is stated.
With the enforcement of the tenn
porary injunction suspending road
work in Polk county the paving
plant on this job was dismantled
and can not be set up. ready for
operation under three weeks, by
which time the rainy season will
have put an end to further road
work this fall. 1t is expected. how
ever, that the plant will be set
up this fall ready for operation
early in the spring.
Local Benefits Secondary
After reviewing the testimony
in the injunction suit Judge Nc
Court said:
'It is plainly apparent from the
evidence that the route selected
by the highway commission Tor
the Pacific highway through Polk
county will ultimately carry the
great bulk of the through travel
and this, whether the same now
be diverted through Dallas ana
independence, or either OF them'
by paved highway. Sooner or lat
err. a road must be improved upon
the direct route adopted by the
commission. The highway com
mission is engaged In improving a
system of state roads, and the prl-
! mary consideration for the i'm
movement of such system is IT'S
utility for use by the general pun
lie.
"The local benefits and consid-
erations which naturally appeal to
the municipalities of Dallas ana
independence are secondary ana
were so recognized by the commits
sion and by these municipalities
when the latter withdrew tneir
obiection to the construction and
improvement of the highway along
the direct route. The arrange
rnent. in a measure, provided for
taking care of the local demands
NJ Dallas by a paved road from
that place to Riekreall and thence
on to Salem, and likewise cared
for the demands of independence
bv a paved road between Inde-
nendence and Monmouth.
Fidelity is Demanded
eff more was desired by these
or either of them.
in the way of highways supplying
their local interests, efforts shouid
have been directed toward securing
branch or market roads extending
from the highway TO the respect
i've cities. instead of attempting
arbitrarily to ignore the arrange
ments by which the highway COM
mission had incurred large ooh-
cations and expended large sums
of money in reliance thereon. 1t Is
nrobabIe that by proper negotia-
tions. some arrangement for coop
Grafton between these cities. POLK
county. the state and federal gov
for the Improvement oi
the desired branch roads might
have been effected
engagements between a coun-
tv. and a state should be observed
rritb the strictest fidelity by the
officers vested with the execution
of such engagements. Regardless
of whether the same are evidene-
ed by formal contract or writing
The highway commission had been
engaged in carrying out its part