Belington progressive. [volume] (Belington, W. Va.) 1912-1927, 1924-02-28
CONFUSION OVER ROAD CON-
STRUCTI0N

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Considerable confusion has been
found to exist, the State Road Gem
mission says, as to the expenditure
&c the two parts into which all road
construction funds are divided by
the State Road Law. These two
parts are the so percent fund, APP
portioned to the various counties ac-
cording to Class-A mileage, and the
20 per cent reserve funds. There
seems to be a more or less general
impression that the 80 percent fund
can only be used to connect county
seats, and that on roads or parts of
roads which do not connect county
seats, money from the 20 percent re-
serve must be used. This impress
sion, the Commission states, is en-
tirely wrong.
The constitutional amendment a.
dopted by the people, under the au-
thority Of which the State Road Law
was passed, reads in part as follows:
"The legislature shall make provi-
sion by law for system Of state
roads and highways connecting at
least the various county seats Of the
state.s
1t is obvious that the phrase, "at
least" gave the legislature consider
able latitude. After careful con-
sideraticn, the legislature passed a
law which provides for system of
state roads and highways connect
ing at least the various county seats
Of the state and with important
roads Of adjoining states" These
two main purposes are linked to-
gether without punctuation of any
kind, and are Clearly intended to be
of equal rank and to be regarded
equally in every respect.
A law providing for the connec-
ton of county seats only, would have
worked a serious injustice to a num-
Der of counties. For intance, Han
cock and Jefferson counties are
each adjoined by only one other
county, and therefore could only be
connected with one other county
seat. Berkeley, Morgan, Brooke,
Ohio, and Marshall counties are each
adjoined by only two other counties.
On the other hand, many counties of
the state are adjoined by numerous
other counties, running up as high
as nine.
Also, the irregular shape of West
Virginia makes the most direct
connection between county seats
in several cases, across parts of
other states. The fact that West
Virginia has 20 border counties out
of total of So is sufficient to show
the Importance Of the connections
with roads of adjoining states.
AS to the distribution Of the to-
tai funds available for construction
and reconstruction, the law says:
"The Commission may set aside as
Reserve, Fund" not to exceed 20
percentum thereof, to be used by it
at its discretion in making desirable
connections or economizing in con-
struction.
"The remaining eighty percentum
of the funds so fixed and determin-
ed shall be apportioned to the var
ious counties of the state for the
construction and reconstruction OF
the state roads and highways there
in the proportion that the mileage
of Class-A roads or routes in each
county, as heretofore designated and
approved under existing law, bears
to the total Class-A road mileage,
as heretofore designated and approx
ed in the entire state"
There is no reference in any part
of the Law, as to the construction of
! any specific part of the state system
out of the 80 percent fund. The
only reference anywhere in the
statute as to the expenditure of this
fund, is that quoted above, namely,
in the various counties, for the
construction and reconstruction of
the state roads and highways there
in" The Commission, however, has
no power to divert any part of one
county's share of this fund to any
other county.
AS all the roads in the state
system either connect county seats
or with important roads :. of adjoin-
ing states, it is impossible to use
the 80 percent fund except in carry
ing out these two main provisions of
the law.
The contention that the reserve
fund was intended to be used on all
roads connecting with the borders
Of adjoining states, is without foun-