Jasper County Democrat, Volume 12, Number 72, Rensselaer, Jasper County, 22 December 1909 — REHEARING IN ROAD CASE. [ARTICLE]

REHEARING IN ROAD CASE.

Supreme Court Action Opposed By Judge Jordan.—Decision After f Holidays. The supreme court Friday granted a rehearing in the gravel road case. No decision was announced and the only indication of a change of opinion as to the constitutionality of the law under which bonds have been issued for the constrnction of gravel roads, to be paid by taxation, is contained in a dissenting opinion filed by Judge Jordan. He says; “I perceive no sufficient reasons for granting the rehearing in this appeal. Viewed from any standpoint the statute in question, in my opinion, is unconstitutional, I, therefore, vote against granting the petition for rehearing.” Judge Jordan wrote the original opinion in this case, holding that the statute is limited to townships which contain towns and cities of fewer than thirty thousand inhabitants, and is, therefore, a local or special statute. The petition for rehearing asserted that the court gave an erroneous construction to the words “includes any incorporated town or city in such township having a population of less than thirty thousand inhabitants,” and that instead of supplying the word “which” before that clausfe, the court ought to have read the first word of the clause "including,” as it appeared in previous acts of which this purported to be a codification. It warn insisted that under such a construction the statute would n-.t be local, but would apply to every township In the state, certain limitations being Imposed with reference to the petitioners and taxable property in

townships that contain cities and towns. The court adjourned until after the holidays, when another opinion deciding the case is expected.