The Mt. Sterling advocate. (Mt. Sterling, Ky.) 1890-current, 1920-10-28
Decision Fatal to
State Road Work

Court Of Appeals, decided that Hop
kins county had no authority to lend
the state $15O,O0O of itsrbond issue
for use in construction Of the Dixie
Beeline in that county, according to
Joe s. Boggs, state highway exam
liner. AS result of this decision Mr..
Boggs thinks that fifty-six of the
sixty-five projects designed by the
last legislature as the primary sys-
TEN of state highways will not be
constructed unless steps be taken
for an enlargement of the revenues
of the road department and the levy
ing Of some form Of tax that is con-
stitutional.
In statement issued Mr.. Boggs
gives his view Of the effect that the
decision will have on road construc-
ton in the future. The statement
follows:
"The recent decision Of the Ken
lucky Court of Appeals in the case
of James R. Rash VS.. W. W. Crick,
county judge, ct al, from Hopkins
county in a memorandum opinion
handed down by Judge Thomas en-
joining Hopkins county from loaning
$150,000 of their bond issue to>the
Department of State Roads and
Highways for use in the construc-
ton of the Dixie Beeline in that
county, in my mind clearly invalid
ates the provisions 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 there
of, have same Constructed prior to
the time that the state had funds
available for that purpose and re-
ceive reimbursement out Of the state
road fund when tht project of which
the road was a part was completed
in its entirety. At this time Clay
county has offered 100000, Lee
county $4,000, Clark county, $12,-
900, Hopkins county $150,000, Law
renee 1925, 700, Pike 100000, John
son 100000 and Ohio county $40,-
900, totaling $1,O37,OOO, available
Immediately for use in the construc-
ton of important roads in these
counties.
''These offers have been accepted
heretofore by the commission, but in
my judgment this decision Of the
Court of Appeals clearly invalidates
them land unless these various coun-
ties are willing for the above men
toned funds to be contributed to the
state it may possibly be several
years before such roads are built.
"This decision, taken in connec-
ton with the defeat Of the whiskey
tax, leaves the state road fund in a
precarious condition as concerns flu
ture construction, for after deduct
ing a reasonable sum for mainte-
nance purposes and the Liquidation
of state aid claims, there viii be less
than two million dollars available
hardly sufficient to match federal
aid for the next two years-and will
necessarily confine state expendi-
lures to the nine projects in Ken
lucky that have been heretofore APP
proved by the Department Of Agri-
culture; these being the Mayo Trail,
Ashland to Pikeville; Midland Trail,
Ashland to Wickliffe: Kentucky
Virginia Highway, Lexington by way
Of Whitesburg to the Virginia line
Pineville- Williamson, from Pineville,
KY, to Williamson, w. Va; Eastern
Dixie Highway from Corbin to Jel-
leo, Tenn; Corbin to Cumberland
Gap; Jackson Highway from Louis
vile TO Tennessee state line; Dixie
from, Henderson to Tennes-
oaa otafa lima and fha Ohio R{xa.