State v. Vice
State v. Vice
Opinion of the Court
delivered the opinion of the court.
Section 3929, code 1892, is in these words: “The board of supervisors may determine to work the public roads, or some part thereof, by contract, and may thereafter so work the same, letting the contracts in such cases as other contracts are let by the board of supervisors, each road or division under a separate contract. But a contract to work and keep iu repair a public road shall not be made for a shorter time than two years,” etc. The statute confers authority to work by contract all the public roads, or some part of all the pub-
It is insisted by counsel for the state, however, that if this construction which we have placed upon the language of the statute is the correct one, still the judgment of the court below is erroneous, for the reason, as is said, that the provision requiring separate lettings of each road or division of a road is directory merely. The all-sufficient answer to this proposition will be found in § 344, code 1892. By this section all contracts made by the board of supervisors “in violation of any of the provisions of law shall be void.” It is not for us to limit or modify, by judicial interpretation, this unambiguous, all-embracing and wholesome restraint upon the action of the boards of supervisors.
Affirm.ed.
Reference
- Full Case Name
- State v. Lesel Vice
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- 1. Public Hoads. Contracts for working. Validity of . Code 1892, §3929. Under § 3929, code 3 892, authorizing the board of supervisors to work the public roads by contract, letting “ each road or division under a separate contract,” the word “ division” means a part of a road, and not of the county containing one or more roads. A lump contract to work all the roads in a district of a county is void, and a road hand is not punishable for refusing to work under it. 2. Same. Contract in violation of law void. Code 1892, $ 344, 3929. Where a county elects to work its public roads by contract, the requirement of said \\ 3929, code 1892, for letting “each road or division under a separate contract,” is mandatory, and not merely directory, ? 344 declaring void all contracts made by boards of supervisors in violation of law