The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1925-12-23

one-fourth Of its cost. The generea
result of this plan was, Of course,
that the county road money built
many more miles of good roads ana
everybody using the roads Of tho
county received an earlier and great
er benefit Of the improved high
ways.
Under this plan Sanborn village
and the township of New Avon.
Charlestown and Willow Lake help
ed to build a north and south state
road, formerly state road No. 10.
which by chance later became part
of Trunk Route No. A. The road
in question cost the county in the
neighborhood of $4,000. The county
paid out SAC, 1929 on the road prier
to February l., 1919, and $50,536.29
subsequent to February 1, 1919, which
dividing time is important in the
case.
Sanborn village and the three
townships in question aided on the
road to the extent Of $13,755.3O on
work done prior to that date ana
So, 800 on work done after that date.
As this road was a connecting link
of a highway traversing several
counties the county received federal
aid to the extent of $43, 742.13 1t
which $26,114.oS applied prior to
February l., 1919 and the balance
after that date.
Under the chapter 522, Laws of
1921, putting into effect the GOOD
Roads amendment or the Babcoek
trunk route system, the state was
authorized to take over outstand-
ing county bonds on such roads as
became a part of the Trunk Route
system for expenditures subsequent
to February 1, 1919. Under this law
the state took over the bonds issues
to pay for this road, deducting fed
eral aid of $17,628.10 applying on
the road subsequent to February T.
1919.
The federal aid and the state high
way bond plan therefore relieved
the county Of all of the expense on
this road created since February I,
1919. Judge Olsen ruled in his de-
cision that the plaintiff could recov-
er refunds on the aid given the cous-
ty on this road since February 1, 1919,
and stipulated that the county was
not entitled, to profit" on this ROAD
building. In the same decision no
denied a refund on the appropriations
made for expense created prior to
February /. 1919.
As stated heretofore the county
paid out $46,292.29 on the road
prior to February l, 1919, and receiv-
ed federal aid to the extent Of $780,
114.03 and "local" aid to the extent
of $13,755.3O. This leaves $6,422.-
81 paid by the county out of its
road funds. Since the county made
no profit" on this series of transae-
tions the Judge held that it was MT
required to make restitution to the
municipalities even through the fed
eral government later granted aid
on the road.
The contention of the plaintiff, new
the aDpellent, is that the road build
ing was partnership affair, in
which the municipalities were to pay
one-fourth under the assumption thst
the county would pay three-fourths,
and that since the federal aid amount
ed to- 56.4 per cent Of the cost Of the
road (prior to February l, 1919 the
municipalities should be refunded
56.4 per cent of their appropriations.
The resolution granting the local
aid contained no qualifying clause
and specified that the municipality
would pay certain per cent of the
cost of surveying, grading and grav-
cling, and certain per cent of the
cost of bridges and culverts. The
Judge failed to sustain the partner
ship contention.-Morgan Messenger.