Graham guardian., 1922-05-09
I had been appointed in conformity
with Section 2 OF this Act

Win ocCtlOu q vi tuib ACl.
The defendants demur to the COM
plant upon the ground that the same
fails to state a cause of action, and
contend that under this proviso the
highway commission appointed in
Graham County pror to the date when
the bonds were voted is still in exist
ence, and that under this proviso they
shall continue in Office until all money
arising from the sale of bonds so vot-
ell shall have been expended by them.
1t is the plaintiffs contention that
no work has begun upon the con-
struction of highways in Graham Coun.
ty. for the reason that the money
from thr sale of the bonds ha; not yet
been .rneu VAC the county treas
ury. as alleged in his complaint, and
that therefore The work of imp:o /.
ment of the highways, for which said
bonds were voted, is not uncompleted;
that such work can neither be com.
pleted nor uncomp,eted until it has
been begun and further, that since
the commissioners filed their report
in January, 1922, they had no duties
to perform until after the money was
received from the sale of bonds, and
therefore they were not engaged in
the performance of any duties reuuir-
ed of them by law, and for that reason
the proviso does not save the high.
way commission in Graham County,
appointed under the provisions of the
Act of 1917, as amended in 1919.
It does not appear to the court that
this contention is sound. Taking Sec
tion 2 of the Act Of 1917, as amended
in 1919, this expressly states that when
the highway commission is appointed,
they shall serve for a term Of two
years and until their successors are
appointed and qualified; provided that,
should the proposition to issue bonds
of the county submitted to the tax
payers as aforesaid fail to carry, or
when all highway Improvements for
which bonds are voted at such cleo
tion are completed or when all money
arising from the sale of the bonds
voted at such election shall have been
expended, the term of Office of such
commissioner shall automatically end"
In other words, there are four ways
in with the term of a highway COM
missioner shall end: first, il he has
served a term of Two years and his
successor has been appointed and quail
fled; secondly, il the proposition to
issue bonds Of the county fails to
carry; third, II the highway improve
ments for which the bonds are voted
are completed; and fourth, II the mon
ey arising from the sale of bonds shall
al, have been expended. 1t does not
appear from the complaint that any
one of these events have taken place,
and 1t is the opinion Of the court that
che highway commission in Graham
County was in office on the 10th of
April, 1922, the date Of the passage
Of Substitute House Bill No. 4S, and on
the 10th day Of April. 1922, the date
of the passage of House Bill No. 79.
1t appears to me very plain that un-
der the provisions of Section IA, where
prior to the passage OF the Act OF
bonds have been voted under the pro.
visions Of any OF the Acts thereby lie.
pealed, that the county highway COM
mission shall continue in Office until
the money arising from the sale OF
bonds shall have been expended, in
the same manner as II highway COM
mission had been appointed in com.
formity with Section of the Act of
1922. D
Under Sections and 4, Of the Act
of 1917, as amended by Chapter 12l
of the Laws OF 1919, the commission
had distinct duties to perform before
the sale of the bonds, such as investi'
eating the condition OF the highways,
maps and ascertaining what
public highways should be improved;
and also In Section 4 1t Is provided
that the commission shall make de-
tailed report upon their investigation.