Oxford Democrat., 1921-06-28
Jurisdiction Over Roads.

By reason of the fact that 1t is possible
once more for towns to elect road COM
missioners, the Maine Highway Com
mission is In almost daily receipt OF
enquiries either from selectmen or road
commissioners asking as to whether
jurisdiction over the roads is vested in
the road commissioners or In the board
of selectmen. This was q fsvorite topic
for discussion and for correspondence
prior to the time that the law made 1t
obligatory for seleotmen to appoint road
commissioners. As long as that law
was In force the question was never
raised.
These requests have become so numer-
ous that the State Highway Commission
recently submitted to the office of the
attorney general the general question as
to where the authority of road commits
sioners leaves of and the jurisdiction of
selectmen begins in road matters, and
recently the highway commission re-
ceived from the attorney generals Office
the following letter of advice:
"We have your letter OF recent date,
enclosing letter asking for certain
information relative to the respective
duties of selectmsn and road commits.
sioners. You also ask for some general
advice upon similar matters.
"Neither this Office nor yours has any
duty to answer inquiries of this char
acter, and on account of the fact that
circumstances are quite likely to affect
the conclusion In any given case, 1t
would seem to us unwise to attempt to
lay down any arbitrary general princi-
pies. In fact, We doubt whether they
would be OF any value should We At
tempt so to do.
"With reference to the inquiries which
you submit ell We would care to say 10
this: There 10, Of course, no difference
between road commissioners and street
com missioners. The only oficis! desig.
mated In the statute is road commits
sioner, but We apprehend that the title
would make no difference In the char
acter or duties of the Office. So far %
sidewalks are concerned 1t Is, We believe,
generally accepted that o sidewalk 10 q
part OF the highway and to be treated 81
such under the highway laws, In the
absence of some specific provision to
the contrary.
"If you will refer to Section SO ol
Chapter "a of the Revised Statutes, you
will note that the road commissioner
has charge Of the repairs Of Highways
and bridges under the direction OF ths
selectmen.' he ID responsible to them
for the expenditure Of money and foI
the discharge Of bis duties generally
under this statute. There 10 therefore
no question that can arise "a to where
tho authority OF the seleotmsn leaves of
and the authority of the toad commits
sioner begins.' The various changes
which have taken plsce with reference
to the election or appointment Of rost
commissioner have not altered this rela
ltionship between selectmen and roat
commissioner. The latter 10 In al
cases under the supervision and contro
of the selectmen.
"It 10 impossible to answer your La
question to the kind of work to be In
cIuded under the general caption 'apprc
, priation for highways.' This involve
the construction OF the precise lsuguag
, of the vote Of the town In every cast
II there IL specific appropriation for
, sidewalk, We should assume In geuers
! | that that particular sum Was to be use
, flor that purpose and that the gen'er'
appropriation for Highways Was intends
: 60 be used elsewhere. 10 the absence
: . specific provision We sec no reaso
why . portion Of the general appropri
tion for highways should not be ust
for repairing sidewalks"