Arizona republican., 1922-03-19


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and gasoline fees will not be suffi-
cient to maintain roads now being
built as federal aid projects. On this
account, l believe that the mainten-
ance and construction funds of the
state Of Arizona should not be sep
arated but that the state roads should
have all of the maintenance neces-
sary and that whatever is left after
proper maintenance is secured should
be used for additional construction.
There is provision in the bill that
all federal, aid shall be credited to the
account of the proper department but
I see no provision for the appropria
tion of this fund and according to
section no warrants could be drawn
against it between July ] and Decem-
Der of each year.
Apparently the language of section
115, paragraph 5123 would also re-
strict the expenditure of this federal
aid fund. am doubtful il the prev
ious appropriation as for instance the
$4,000 for the Apache Trail, the
$4,000 on tho Nogales Fairbanks, the
remaining portion Of the Geronimo
Solomonyille appropriation, the $780,
600 Phoenix Yuma appropriation, the
9fOyUUV lOCSpH- 1NORdiES appropriations
the $25 600 Winslow Holbrook appro-
priation and the 100000 Yuma Phoe-
nix appropriation may not also be i'm
possible of expenditure despite that
we have already pledged some of
them to the federal government on
federal aid road construction.
Section 81, paragraph 5104. Is
proposed amendment to the 1918 civil
code. This section, however. was
amended in 1915 by chapter So. No
specific mention is made Of the re-
peal OF a, previous amendment. I'm
der the new paragraph 5104 there
Will be no 70 per cent fund available
in half of the counties in the state
OF Arizona for the coming fiscal year,
as all of the previous bridge loans
must be repaid Immediately instead
of one third of the receipts as for
merly. Some OF these counties will
not have any 75 per cent fund for
four of five years, while the good
faith OF the state of Arizona has been
pledged by previous legislatures to
maintain federal aid roads already
constructed in these counties. In ac-
cordance with section of the fed
eral aid act, which reads as follows:
THAT before any project shall be
approved by the secretary of agri-
culture for any state such state shall
make provisions for state funds re-
quired each wear of such states by
this act for construction, reconstruc-
ton and maintenance OF all federal
aid highways within the state, which
funds shall be under the direct con-
troll OF the state highway depart
ment"
Please note that there Is no levy or
appropriation for road purposes in
senate bill II except the salary and
EXPENSES for the state engineer.
Therefore, unless section lis Of sem
ate bill as, amending paragraph 512S
of the 1913 session laws, as amended,
is in itself an appropriation, there is
no authority at law for any road
construction or maintenance.
Section rs changes the present law
in regard to the highway imprest
fund. 1t provides that the imprest
fund shall be refunded out of the %
struction work is being paid for out
Of the rs per cent fund county bond
issues, etc. Obviously the imprest
fund should be reimbursed from
whichever fund 1t is used for and
not from the % per cent fund alone.
Incidentally l note that section 143
Of this bill is in conflict with section
5, article 9, of the state constitution.
| also would like to suggest that Sec
tions So, 90 and 126, etc, may conflict
with section 20, article 4, of the con-
stitution, which provides for separate
appropriation bills
Senate bill 4S places the Arizona
highway department under the juris-
diction OF the board of directors OF
state institutions. This department
= - -, ~ 4ko cfa %
In the construction of roads it Is now
necessary for us to act in conjunction
with the boards of supervisors of all
Of the counties, the county highway
commissions, and also, on practically
all OF our work, with the bureau Of
public roads. The plans and specifi-
cations, contracts, etc, from this de-
partment on federal aid projects, in
addition to being approved by these
boards, are passed on by local fed
eral engineer a district engineer at
Albuquerque, a deputy chief engineer
at San Francisco, the chief engineer
and director of the bureau OF public
roads at Washington, and, in addl-
ton, by the secretary of agriculture.
There are AZ members of the boards
of supervisors Of the counties OF Arl-
zona, so highway commissioners and,
in addition, many city councilmen,
with whom it is necessary for this
department to cooperate. /, there
fore, am Of the opinion that this de-
partment is not expressing a wish
for unlimited authority when we sug-
gest that the addition of more red
tape in road building is unnecessary.
The general solicitor of the depart
ment of agriculture gave as his opin-
| ion some two years ago that the
Arizona highway department was not
under the jurisdiction of the board
of directors Of state institutions, but,
through the state engineer, reported
direct to the governor.
1 have not had time to read the