The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-03-06

State Highway Laws Should BE Revamped

State Highway Laws Should BE Revamped
Inc state highway commission has exclusive
control over the state highway system and the
counties without power over it, according to
the recent decision of the state supreme court in
the Of Morton County VS. The Hughes Flee.
trio Co., which involved the right to string a high
power transmission line the Missouri river
bridge between Bismarck and Mandan. The court
at the same time ruled that the legislature through
either neglect intent, had vested the highway
body with the limited authority Of constructing re-
constructing and maintaining the highway, and
hence it was without authority to grant the use Of
the bridge for power line purposes. Consequently
the regulation of the of highway is vested
neither in the county officers the highway com.
mission and remains undelegated In several as
poets, this presents rather serious situation and
furnishes another sound reason why the entire high
way law needs very critical examination and Il
complete revision.
Whether is for the Hughes proposition or
against it is not material. Power lines are expand
ing the entire country, and only recently the
columns of The Tribune told what tremendous
strides have taken place to "hook- up' many states
in a "super-powcr' system or systems North
Dakota cannot and does not want to escape the
march of progress in this direction. In three
places. power companies from beyond our borders
kota have crossed into ether states. Time will
come when the smaller plants, due to their heavier
production costs, must either sell out chcaply or
go out of business The program of expansion OF
the Hughes Company is net only good business
move, but in measure is necessary step of self
preservation
- The people of Bismarck have an especial stake
in this program not only from the standpoint Of
cheap power rates but also because it is local in
dustry using local fuel and local help. Should
larger power concern take over an isolated plant
and shut it down because il can manufacture power
cheaper elsewhere and transmit it to Bismarck. the
local plant would be closed. The expansion CT the
Hughes system would tend to insure the operation
Of the local plant.
Some states hold that the of the highways
is unrestricted 50 long it does not interfere with
the use thereof by others and some courts have
also held that the Of transportation or the
commodity is immateral. A transmission line
transporting electricity has good right on the
highway a motor truck conveying goods. Ieie-
graph wires from state to another do an inter-
state business and are permitted the use of the
highways. No doubt transmission line from out
side the state could do the interstate COM
mercc. States might regulate their use OF the
highways, but could not keep them off the roads
Certainly nrastatc power lines should not be sub
state lines North Dakotans desire to build up this
connie nwealth, and way is to make its power
plants stronger and better by the of transmits
sion lines Intrastate business builds up state
while Interstate lines build up the other fellow
The law relative to the Of our state highway
should be altered to vest body, preferably
the state highway commission, with some power
and authority to regulate the Of our highway
SYSTEM not only with regard to utility lines but
also other means CT conveyance. North Dakota is
one of two states which does not regulate the size
the length or weight of trucks and other vehicles
using its highways
We have spent several millions to improve them
and will spend many more before they finally reach
the stage Of completion, and yet we permit the
unrestricted use which may result in much damage
and hence heavy expense incident to their main
tenance The power lines situation and the truck
regulation are but two instances pointing to the
need Of overhauling entire highway law struc-
ture Others might readily be cited to the same
effect. A complete list of necessary improvements,
together with suggested law, might well be pre-
pared for submission to the next session Of the
state legislature.