Evening Republican, Volume 22, Number 80, Rensselaer, Jasper County, 5 April 1919 — NEW ROAD LAW EXPLAINED [ARTICLE]

NEW ROAD LAW EXPLAINED

ATTORNEY GENERAL EXPLAINS ROAD LAWS FOR STATE t . EXAMINER. Representative W. L. Wood is keeping in touch with the State Highway and county unit road law. He hands us the following for the benefit of the public the opinion of the Attorney General with referenceJta the township roads and the duty of the township trustees. Mr. Wood is optimistic on the road question and is positive that the state of Indiana assisted by the United States government will construct a road from Indianapolis to Chicago. Hon. Gilbert H. Hendren, State Examiner, Indianapolis, Indiana. ■Dear Sir i — - - -4 Jn- reply to your inquiry regarding tiie status of the highway laws as changed and amended by the acts of 1919, permit me to say: House Bill No. 83, which will appear in the Acts of 1919 as Chapter 53, is a comprehensive act concerning state highways, the opening, establishing, contracting, maintenance, repair and control, all of which are provided for therein. Senate Bill No. 152, introduced by Senator Dubyns, and which will appear as Chapter 112 of the Acts of 19,19, is known as the County Unit Road Law and provides.for the opening constructing, repairing and maintenance of the highways of the county, and amends the present law in maintaining township or dirt roads of the several contries, especially the construction of hard road improvements at the expense, of the county. Senate Bill No. 65, introduced by Senator Beardsley, which will appear as Chapter 107 of the acts of 1919, is an amendment of certain sections of the highway law of 1913, concerning maintenance and repair of township highways and was enacted at the same time as Chapter 112. It is very dear that Chapter 53, being the state highway law, was intended to establish a great system of state highways, to be paid for by the government and revenues rais-/ ed by the state and to create a commission and organization of officers and assistants to construct, maintain and repair the roads constructed under that law, entirely free and disconnected from any other highway laws, il believe the act is sufficient to accomplish that. In my opinion aH of the provisions of that act should stand nothwithstanding some words appearing in Chapter 112 and possibly 197, which are evidently used inadvertently. In the County Unit Road Law, being Chapter 112, and Chapter 107, being the Beardsley Road act, at first Mush, some of the provisions seem to be in conflict, but I think they can be harmonized. Reading Chapter 107 and Chapter 112 together as companion acts, which were enacted at the same time, and also the gravel road repair act of 1913 (Acts 1913, p 977), a complete system can be and is created, for all highways other than state highways. By Chapter 112, it is provided that “all public highways,, bridges or culverts in the counties of this state shall, after the passage of this act, be under the supervision, management and control of the boards of. commissioners of the several counties/’ And the duties heretofore prescribed to be performed by trustees are to be performed by the board of county commissioners. Chapter 112 authorizes the board of commissioners to make repairs on highways, but does not authorize it to make any levy and provides no means for the board of commissioners to create funds for that purpose. The act of-1918 makes provision for what is known as the free gravel road, maintenance and repair fund and is ample to take care of the county free gravel road. Chapter 107 provides for the levying of a road repair tax to ne made by the township advisory board of not more than thirty cents on the one hundred dollars upon the real and personal property owned in the township outside the incorporated cities and towns and the board of commissioners must present an estimate tiierefor as a part of the duties -heretofor performed by the trustees. It also does away with the right of taxpayers to work out any portion of their road taxes. Chapter 112 provides that road •money of the township shall be paid over to the county treasurer to be expended by the board of county commissioners. By that plan the township advisory board determines the'amount of money to be available for repair of the township ( roads within their own township. The township trustee, but shall be expended in the township under the supervision of the board of commissioners. , , ~ _ I do not believe the legislature intended, by the provision requiring the trustee to pay the road money on hand over to the county treasurer to be by them expended on repairs of the township roads, to make that money available for repairs on roads in other townships. That would be the legislature arbitrarily ordering money raised by a municipality for a eelinin purpose to be applied and used for a purpose wholly different from that for which it was paid by the people of the township, and for the benefit of other municipalities. On the other hand by following the provisions of Chapter 107 the money will be expended for the purpose for which it was paid in, and the boafrd of commissioners having the power to make repairs, evidently has the power to make contracts for repair of the township roads, and can employ the townsnip trustee to oversee the work in the township. In answer to the other questions 4 which you. have, propounded to [anA which possibly pre not clearly

disposed of in the foregoing, will say: The board of commissioners have control, management and supervision of the unimproved township roads. The township trustee should immediately pay the balance of his road fund into the county treasury and should also pay into the county treasury the proceeds of the -road levy to he collected for the current and Subsequent years. The county commissioners must expend the road repair money levied by the township advisory boards, upon repain of the unimproved roads in the township where the levy is made. - The county free gravel system must be cared for as heretofore. The township road fund levy for repairs should be made each year by the township advisory board upon the estimate from‘the board of county commissioners and not be paid over to the township trustee, but be expended by and through the supervision of the commissioners. Under the new laws-no part of the road tax can be worked out, but must be paid in cash. •It is my opinion that the township trustee before paying over the money of the road fund now on hands, into the county treasury should free the fund from all legal and rightful claims against it and do the same with the fund now levied.

No provisions is made in the new laws concerning the road fools and road machinery owned by the township, the same, therefore, remains the property of the township. It is <ny opinion that the board of commissioners may employ persons to oversee the road work in the townships. I know of no connection the county highway superintendent ,of gravel roads has with the unimproved roads. 1 ''“IgHB, Under section 41 of the County Unit Boad Law, it is provided “the plans and specification shall include all bridges”. But Section 11 of the act provides,that if-a bridge is more than twenty feet in length that “the board of commissioners shall receive separate bids and shall enter into a separate contract to build such bridge under the laws now in force”. Where a bridge is more than twenty feet, long it is the duty of the commissioners to let the contract separate. Section 14 of Chapter 112 provides that the county treasurer shall sell the bonds at not less than their face value. Section 15 privdes that all bonds shall be sold by the county treasurer to the highest bidder therefor, but in no event at less than par. It is very clear to me that these two statutes mean that the treasurer shall receive the face value of the bond together with any accrued interest thereon. In my opinion it would be permissable for the county commissioners to make reasonable provision in the way of sheds and buildings in which to store and protect the tools and property necessary for the carrying out of the highway law. That would be a necessary expenditure to prevent inevitable waste. . Respectfully, (Signed Ele Stansbury, Attorney General.