Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1921-11-17
JOE B0GGS WINS
IMPORTANT POINT
Prevents Suit By MDtor Ci~L
Which Would Jetpzssi-~
Road Work Ia State

Joseph s. Roggs. State Highway
Engineer. II. Green Garrett, Min
chester, chairman al the State
Highway Commission. and Col.
Ed 3 Monahan, member Of fhe
commission. the Board Of Direc-
tors Of the Kentucky Motor Club
at Louisville Tuesday reconsider
ed a previous vote to bring a siiit
10 enioin the commission Ia ne
money from automobile licenses
only Tor maintenance oi roads
and not for construction. SAYS the
Times.
Ten members voted against
bringing the suit and six in favor
oil H. The six included three
proxies held by Eugene Stuart.
secretary OF the club. Mr.. Stu-
art. Albert Tcrstceec. president.
and Sibby l-attman. y motion
of Joseph BoSworth that the club
cooperate with the coitn1ission in
obtaining Legislation enabling the
better maintenance of roads was
passed unanimously.
The meeting was called at the
request of several members of
the directorate who voted in ia
Vor OF the suit wien the question
was mailed to them By Mir. Ter
stegge. Governor Morrow. AIR.
BoggS and members of The COM
mission were invited to attend
and present :hei side OF the qicS-
tion. Governor Morrow wrote
he was unable to attend on &C
count of business in Frankfort.
but stated in his letter that me
was still opposed To the stand OF
Mr.. Tersteggc and that he WAS
not afraid OF the outcome of a
suit. Mr.. Boggs came. he said,
mot i'll a compromising manner.
but in n cooperative mood" He
detailed his position and that of
the commission. a did Mr.. Gar
rett.
MIR. Terstegge based his hope
of success i'll 4 suit on a para
graph of the decision OF the
Court of Appeals i'll the case OF
"a. Murray Smith, Richmond. who
was arrested in 1917 Tor. failure.
to pay his automobile license tax.
The Court OF Appeals held the
automobile license law valid and
stated that the surplus OF the tax.
above the cost OF administration
should go 10 the maintenance III
roads.
In stating his position 1T the
opening of the meeting Mr.. Ter
steggc declared that an injlnc- :
tion such rs the suit asked would
he just and fair tn motorists and
To the citizens o. the state ut
large. "Under present conditions
mot orists are licensed to run over
the roads. but are given none to
run over. There is no privilege
granted III the license unless and
until the roads are improved that
are already built, and there are
now 1900 miles of such roads.
There is no reason, no excuse
ior the tax except in the darnagr
the motorists do the roads by
running over them. 1t is only
just That the money from the
tares should go TO repair damage
done by the motorists. In addi-
ton TO this we have the decision
OF the Court of Appeals of 1917.
1--WE want to bring this suit to
ask the court TO enforce its own
decision. and we want to bring it
now because Il we do not some
other person or group OF persons
may bring it after the legislature
meets. Then. If all the money
collected for automobile and gas
oljne taxes. goes TO maintenance
it will be too late tosprovide 9TH
er money for construction"
MIR. TerStegge said that it is
true there has been a lack of CO.
operation between the Kentucky
Motor Club and the Highway
Commission. That is because
we are diametrically opposite in
our views of what should he
done he said.
If you bring this suit and win
it," declared Mr.. Boggs,- you
will lose the state 100000 in
Federal Aid money; You will
break half the road contractors
i'll the state and you will wreck
an engineering organization il
has taken ten years to build up.
Mr.. Boggs said that it was diff
cult TO distinguish, between con-
istruction, reconstruction and
maintenance. He pointed ont the
commission is maintaining 40t
= ,,,,las or roads which have heir