Highways. Improvement Greenville-Port Jervis Road. Purchase of land for right of way. STATE OF NEW YORK, ATTORNEY-GENERAL'S OFFICE, ALBANY, March 6, 1906. To the Honorable, the State Engineer and Surveyor, Albany, N. Y.: Dear Sir.-In answer to your letter of inquiry relative to the improvement of the Greenville-Port Jervis road in Orange county, which crosses a toll road, will say, that under the provisions of chapter 115 of the Laws of 1898, it is made the duty of the county to provide right-of-way for improvement of high ways. By chapter 240 of the Laws of 1901, the board of supervisors are given authority to enter into agreements for the purchase of land over which said improved road is to pass, if the expense thereof does not exceed $200, except that in cases where the written approval of the county judge and county treasurer is obtained, they can enter into contracts for the purchase of land and for the expenditure of money therefor to an amount not exceeding $1,000. In case of the inability of the board of supervisors to come to an agreement with the owners of any such lands so taken or which may become necessary for the improvement of any highway, the board of supervisors are given authority to petition for the appointment of commissioners which said commissioners are given all of the powers vested in similar commissions for the laying out of new highways, etc., and upon their award money can be made applicable to pay for such land. The procedure necessary to be followed by the board of supervisors is fully outlined and provided for by the act of 1901, above referred to, and which can easily be followed by the board of supervisors of the county of Orange in case of its inability to agree with this turnpike company as to the right to cross its road. Yours respectfully, GEORGE E. PIERCE, Deputy Attorney-General in Charge. Taxation - Highways. Legality of vote taken by Town of Coeymans on question of adopting money system. STATE OF NEW YORK, ATTORNEY-GENERAL'S OFFIce, ALBANY, April 13, 1906. To the Honorable, the State Engineer and Surveyor, Albany, N. Y.: Dear Sir. -- I have your letter of April 10th, asking for an opinion on the question of the legality of the vote taken by the inhabitants of the town of Coeymans, on the question of adopting the money system of paying highway taxes, instead of by working the same. From your letter it would appear that there existed in said town, what is known as separate highway districts, formed by and working under the provisions of a special act of the Legislature. It also appears by your letter, that the inhabitants of one or both of these districts, signed the application or petition for the right to submit this question to the voters of the town, and that they also voted upon such proposition. Section 51 of the Highway Law is as follows: "Upon the written request of twenty-five tax-payers of any town the electors thereof may, at a special or biennial town meeting vote by ballot upon the question of changing the system of taxation for working the highways; but no person residing in an incorporated village or city, exempted from the jurisdiction of the commissioner of highways of a town shall sign such request or vote upon such question." It will be seen that the exemption contained in the above section, is confined entirely to incorporated villages or cities, over which the highway commissioner of the town has no jurisdiction or authority. I am therefore of the opinion that the inhabitants of this district had the right to sign the request and to vote upon the proposition of making such change in paying the highway tax. Respectfully yours, GEORGE E. PIERCE, Deputy Attorney-General in Charge. Barge Canal Act. Agreement in re Contract No. 4. STATE OF NEW YORK, ATTORNEY GENERAL'S OFFICE, ALBANY, May 10, 1906. To the Honorable, the State Engineer and Surveyor, Albany, N. Y.: Dear Sir. Your letter of May 7th, inclosing a proposed statement and description, explanation and supplementary agreement, covering alteration No. 1, Contract No. 4, barge canal work, was duly received at this office. Owing to the absence of Deputy Attorney-General Pierce, the matter had not been taken up by any of the other deputies, until your request was received this morning. I presume the alterations are made in pursuance of section 6, of chapter 147 of the Laws of 1903, known as the Barge Canal Improvement Act, which provides that no alterations shall be made in any such map, plan or specification, nor the plan of any work under contract during its progress, except with the consent and approval of the Superintendent of Public Works, and the State Engineer, or notice of the description of such alterations and such approval in writing signed by the parties making the same, and a copy thereof filed in the office of the State Engineer. By the papers presented to me, it appears that by making the alterations provided for, there will be a saving to the State of $6,835.88, and I am of the opinion that the form of the papers as presented are correct, and when properly executed and filed, as required by the statute, you are justified in making the alterations. I return the papers herewith. (Inclosure.) Very truly yours, HORACE MCGUIRE, Deputy Attorney-General in Charge. Highways. Bonds for improvement of. Whether State Engineer may enter into contracts prior to actual sale of bonds. STATE OF NEW YORK, ATTORNEY GENERAL'S OFFICE, ALBANY, May 23, 1906. To the Honorable, the State Engineer and Surveyor, Albany, N. Y.: -- Sir. I have your communication of the 27th instant. You ask whether you are authorized by chapter 469 of the Laws of 1906, and chapter 115, Laws of 1898, and the acts amendatory thereof, to advertise for proposals and enter into contracts immediately for highway improvements aggregating $5,000,000, prior to the actual sale of the bonds referred to, or any part thereof. I answer your, inquiry in the affirmative, as I am of the opinion. that the act itself has made the appropriation. Second. You inquire: "In the event that any of the counties should elect to avail themselves of the bond issue and request the State to proceed with the improvement of roads and pay the entire cost thereof in the first instance, am I authorized to comply with such request and to enter into contract conditioned upon the State paying the entire cost of the work in the first instance?" There has been considerable doubt as to the constitutionalty of the Class B. bonds, and such being the case, I have advised the Comptroller that the issuance and sale of these bonds may be deferred until the Legislature meets again and has an opportunity to consider the questions involved. In view of the foregoing, I am of the opinion that you should not enter into contracts except where the county's share has been appropriated and become immediately available; and if such local provision of funds has been made, you may safely enter into contracts to the extent of $10,000,000 in all. I have discussed this subject with Deputy Attorney-General Ainsworth and Deputy Attorney-General Pratt, and should you have occasion to make any further inquiries during my absence, either of them is familiar with the subject. Deputy AttorneyGeneral Pratt has the matter immediately in charge. Yours very truly, JULIUS M. MAYER, Attorney-General. Highways. Contracts for road improvement-Clause concerning highways outside of limits, and clause relating to Page Labor Law, stamped across face of contracts. STATE OF NEW YORK, ATTORNEY-GENERAL'S OFFICE, ALBANY, May 24, 1906. To the Honorable, the State Engineer and Surveyor, Albany, N. Y.: Sir. I am in receipt of your letter of the 17th instant, asking whether it would be proper to have a rubber stamp prepared, to stamp across the face of paragraphs in the contracts relating to road improvement, the following: "These two paragraphs are not applicable to highways outside the limits of a city or incorporated village. See section 18, of chapter 468, of the Laws of 1906.” I beg to suggest that you add to the foregoing words: "And section 3 of the Labor Law, as amended by chapter 506, Laws of 1906." The latter is the so-called Page Labor Law, and the references thus stamped on the contracts will be in accordance with existing statutes. Yours very truly, JULIUS M. MAYER, |