The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1922-02-25
TO THE TAXPAYERS

In view of the fact that there has
baen considerable discussion of the
road problem since the Commission
ers returned from the road meeting
which was held in Reno on February
10th and 11th, and 1t appearing tnat
,hare Ia a misunderstanding of the
question, feel that should advise the
public of some of the legal phases OF
the case. so that none will be misled
in that respect.
The article published In the Sem
tinel last Saturday is inaccurate In
many respects, and, while l have
nothing to do with the facts OF the
case, I am interested In the legal
phases of it, Before the public can
understand the problems confronting
the Board of County Commissioners.
It is necessary to know something
concerning the law of the case.
Section "a of the State Highway
Act was amended at the last session
of the Legislature. The amendment
is generally known as the Fulton
Amendment" 1t provided, general
Iy, among other things, that no part
of the State Highway can be changed
without the consent of the County
Commissioners of the county effected.
II is apparent that a number OF peo-
pie believe that this section, as amend
ed by the Fulton Act, applies to the
change of Route one, at Beowawe.
The fact is, however. 1t does not ap-
ply to that particular change In
Route one, for the reason that the
change was made by the State High
way Department before the amend
ment was enacted. The law that was
In effect at the time the change in
the location of the Highway was
made, is the law that governs. The
following is the way Section "a Of the
Act read when the change In the high
way was made:
Section "a. Whenever In the
construction, reconstruction,
maintenance, or repair of any OF
the State highways 1t shall ap-
pear to the State Highway Eng
ineer that any portion of the
State highway as herein defined
is dangerous or inconvenient to
the travelling public in tspresent
location, or as ii may from time
to time be located, by reason of
grades, dangerous turns, or 9TH
or local conditions; or that the
expense in the construction,
building, rebuilding, mainten-
ance or repair thereof would be
unreasonably great and could be
materially reduced or lessened
by change of route, the State
Highway Engineer is hereby en-
powered to divert or change said
route in such manner as in his
discretion may seem best; pro-
vided, that the said State High
way Engineer shall first submit
plan of the proposed change to
the board of highway directors
and the same shall be approved
by them.
It will be noted that nothing is
mentioned in Section "a of the orig
inal act above quoted, regarding the
necessity of first procuring the con-
sent of the Board of County Com
missioners. The law in effect at the
time did not require the Highway
Department to first procure the con-
sent of the Commissioners before a
change in the location of the high
way could be effected. The fact is,
as was admitted by Mr.. Cottrell, in
Eureka, recently. that the change in
the route between Carlin and Battle
Mountain was made without consult
ing the Commissioners, and in fact
without their knowledge or consent.
The following is that portion of
Section of the Highway Act which
effects Route one:
Sec. 8. Route One. Be-
ginning at a point east of Ia
coma at the Utah State line run
ming thence in a westerly direc-
tion through the towns of Mon
tello, Cobre, Wells. Deeth. Hal
leck, Elko, Carlin. Beowawe,
Battle Mountain, Golconda, Win
nemucca. Inlay, Lovelock, Fern
ley. and Wadsworth to the city
of Reno. thence westerly through
the town of Verdi and to the
California-NevadaS State line.
Section s and Section "a of the old
Act are the only sections to be given
consideration in the event Of change
in the location of the State Highway.
The question to be solved In this
case is this: Under the provisions OF
Section s and Section "a of the old
Act. did the Highway Department
have power to change the Route be-
tween Carlin and Battle Mountain so
as to leave Beowawe off the route?
w. r. REYNOLDS,
District Attorney.
Eureka, Nevada. February "a. 1922.
DEED FILED FOR RECORD