OCT GIFE GOOD ROADS AN OUTLINE: OK STATE ROAD SYSTKMS Compiled by SVEINBJORN JOHNSON Legislative Reference Librarian j North Dakota Public Library Commission "' .......... Legislative Reference Department Bulletin No. 2 BISMARCK 1910 BISMARCK I THIBUNK, PRIXTERB AND BIWDIK*. 1 SI O GOOD ROADS AN OUTLINE OK STATE ROAD SYSTEMS Compiled by SVEINBJORN JOHNSON Legislative Reference Librarian North Dakota Public Library Commission // Legislative Reference Department Bulletin No. 2 BISMARCK 1910 BISMARCK ! TRIBUNE, 1'RINTKRS AND BIXDKRS, 1 9 1 O One of the most absorbing questions before the people of this state is that of good roads. Demands for legislation on 'this subject have come from every quarter and the platforms of the parties have taken the matter up. It is believed that the following brief summaries and outlines of the systems of other states will enable legislators and the public interested in the question to see at a glance what has been accomplished and what plan or combination of plans, is best suited to con- ditions in this state. This is the second of the series of bulletins dealing with state problems issued by the Legislative Reference Department, the first having dealt with State Tax Commissions. SVEINBJORN JOHNSON, Legislative Reference Librarian. ET O TABLE OF CONTENTS. Page Introductory ......................................... 7 Part I Good Roads States ............................ 11 California ........................................... 11 Colorado ... ......................................... ' 13 Connecticut .......................................... 15 Delaware ............................................ 17 Idaho ................................................ 19 Illinois ............................................. 21 Maine ............................................... 23 Maryland ........................................ .... 26 Massachusetts ....................................... 28 Michigan ............................................ 30 Minnesota .......................................... 34 New Hampshire ............................ . ---- . ---- 37 New Jersey .......................................... 39 New Mexico ...................... .................. 41 New York ............ ................................. 43 O'hio ............... ................................. 47 Pennsylvania ........................................ 50 Rhode Island ........................................ 53 Vermont ..... ....................................... 54 Virginia ............................................. 56 Washington .......................................... 59 West Virginia ........................................ 63 Part II Road Systems in other States ................. 66 Alabama .......................................... . . 66 Arizona .............................................. 66 Arkansas ....................... ..................... 67 Florida .............................................. 68 Georgia .............................................. 69 Indiana .............................................. 70 Iowa ................................................ 71 Kansas .............................................. 72 Kentucky ............................................ 73 DIGEST OF LEGISLATION Page Louisiana 74 Montana 75 Mississippi Missouri 77 Nebraska 78 Nevada North Carolina 79 North Dakota 80 Oklahoma 81 Oregon 82 South Carolina 83 South Dakota 84 Tennessee 84 Texas 85 Utah 86 Wisconsin 87 Wyoming 88 Appendix State Highway Departments 89 Organization and constitution 89 Powers and duties ' 89 Qualifications of members Salaries Number of commissioners Expenditures by states for good roads 96 Cost of roads per mile 94-95 State appropriation State tax levies 91 Assessed valuations of states State aid Paid by state 91 Paid by county Paid by township Paid by abntter Statute labor 91 Local bonds 93 INTRODUCTORY. It is only within recent years that the bad condition of the wagon roads of this country began to receive anything more than passing attention. While the foreign tourist admitted that our railroad service was the best, he branded our pub- lic highways as the worst in the world. Then came the bicycle and the automobile and the operators of these added their voices to the constantly swelling chorus of complaints against our public roads. The result was that individuals, associations, localities and finally states took the matter of highway im- provement seriously in hand. THE STATE HIGHWAY DEPARTMENT. The eastern states, where the first real progress in the direc- tion of road improvement was made, sought to profit by the experience of the Old World in the field of highway construc- tion. Experience had conclusively shown that the work of permanent highway improvement called for technical skill and funds altogether beyond the resources of the average commu- nity. Moreover, if permanent road building were left to local enterprise, there would result a lack of uniformity of plan and execution fatal to the most desirable and lasting results. To meet these difficulties one state after another created state highway departments and provided for the services of skilled engineers in connection therewith. This department assisted the local road authorities, prepared plans and specifications for highway improvement, aided in the selection of highways to be improved, superintended the expenditure of state aid money and gave advice and instructions to overseers generally. One of the most important matters in this connection is the constitution of the highway department. By reference to the summaries it will be seen that there are at least four types of organization in control of the department. It is sufficient to point out in this place that the plan that has won the approval of the United States Office of Public Roads is that whereby the highway commission is composed of the profes- 8 DIGEST OF LEGISLATION sors of civil engineering in different state colleges as ex officio members. The board continues in existence regardless of the mutations of politics or rotation in office. It seems to be the opinion of the Office that this form of commission will be free from every form of political influence and can therefore attain the highest efficiency. STATE AID. The next step in the progress of highway improvement was the granting of state aid. The locality could not bear the financial burden or furnish the technical skill. Moreover, the condition of the public highways came to be regarded not merely of local interest but of importance to the state as a whole and on this theory the states granting state aid proceed- ed to distribute thousands of dollars among the counties and towns. STATE SUPERVISION. With the granting of state aid came increased state super- vision. No state appropriates money for road improvement without supervising directly the work when completed and furnishing from the state office the plans and specifications. In a few instances the plans are prepared by the local authori- ties, but in all cases are subject to examination by the high- way department. LOCAL SUPERVISION. In further recognition of the need of expert supervision of road building, the most advanced states have uniformly pro- vided for a county, district or local official, by training and ex- perience qualified to direct highway improvement. He may be variously termed county engineer, superintendent, inspector or commissioner of highways, but everywhere he must possess qualifications that peculiarly fit him for the duties of super- vising the improvement of wagon roads. This idea is not alone confined to states that grant financial aid to the localities. That skilled supervision is a condition precedent to the high- est efficiency has been recognized in many of the non state STATE GOOD ROADS SYSTEMS aid commonwealths by providing for the election or appoint- ing of county engineers, expert in the arts of civil engineering. LOCAL BONDS. Under the present law it seems that counties in this state cannot issue bonds for highway improvement, except for bridges. This is contrary to what appears to be the general practice. The majority of the states give the counties or the townships the power to issue bonds, under proper safeguards, for highway construction. Where state aid is granted funds thus provided very conveniently supplement the contribution from the state. In general, it may be said that the raising of money for permanent road improvement by the ordinary pro- cess of taxation, without imposing heavy burdens upon the tax- payer, is so slow as to be impractical. A perusal of the sum- maries following reveals the fact that no state has accom- plished extensive permanent improvement of its highways that has not given the localities the power to issue bonds for this purpose. The reasons underlying the proposition are so plainly elementary as to require no further elaboration. STATUTE LABOR. Anotner noticeable aspect of this movement for better roads- is the gradual disappearance of statute labor. The states whose progress is generally conceded to be the most pro- nounced, almost, without exception provide that all roa 1 taxes be paid in money without the privilege of commutation in labor. That this relic of the past is difficult to sweep away and yet is regarded a lion in the pathway of the van of progress in highway improvement is somewhat uniquely recognized by Pennsylvania. This state offers a tempting money reward to townships that abolish statute labor on their roads. CONSTITUTIONAL OBSTACLES. There has been some agitation for state aid in -highway con- struction in North Dakota. Section 185 of the constitution provides that the state shall not engage in any work of in- 10 DIGEST OF LEGISLATION ternal improvement unless authorized by a two-thirds vote of the people. Elsewhere, notably in Michigan, Minnesota and Wisconsin, it has been held necessary to amend similar consti- tutional provisions before the state could appropriate money in aid of highway improvements. STATE GOOD ROADS SYSTEMS 11 PART I. GOOD ROADS STATES CALIFORNIA. The State Highway Department. Laws of 1907, chapter 185. The department of engineering consist of the governor, the state engineer as chief executive officer of the department, the chief superintendent of state hospitals and the chairman of the board of harbor commissioners of San Francisco. The governor, by and with the advice and consent of the senate, appoints the state engineer for a term of four years. He has charge of the engineering and structural work of the department. His annual salary is four thousand eight hundred dollars. Powers and duties. The department of engineering has full control of all roads that have been declared state highways and all highway expenditures made by the state are in its charge. It may obtain rights of way for roads, by purchase or condem- nation, and it may appoint superintendents of state highways. The department examines existing highway conditions and puts at the service of the state the most approved methods of high- way construction. It supplies, without charge, information to road authorities when requested to do so, and collects data relating to the location of suitable road material, publishing the same in the forms of bulletins, maps or diagrams. It prepares forms of account books for highway officials and general forms for the surveying of state highways. To aid in the performance of its duties the department may call upon local officials for information. State Aid. California makes no provision for state aid, but the state has built roads through the mountainous and isolated or sparsely settled districts where the people of the counties are unable to meet the expenses of construction. The state has built almost two hundred and thirty-seven miles of roads in 12 DIGEST OF LEGISLATICJN this manner, but none of these are metalled or macadamized. The legislature of 1909 passed an act placing before the people at the general election in 1910 a proposition to vote bonds for eighteen milion dollars for a state road plan. Local Supervision. Laws of 1907, chapter 442. The control over highways is vested in the supervisors of the county. They may form road districts for the purpose of permanently im- proving its highways and may issue bonds and levy special taxes to pay the expenses of such work. Before the district is formed, the board of supervisors pass a resolution of intention specifying the work to be done and giving interested parties an opportunity to be heard in protest. The supervisors have the power to appoint a competent per- son to act as engineer of the work and who must furnish the civil engineering services and do the necessary surveying. The board may also appoint a superintendent of the work, but the same person may hold both positions. Road Revenues. Statutes 1907, p. 795. A special tax is levied upon all lands within the improvement district sufficient to pay the principal of the indebtedness when it falls due, with the interest thereon. The county board of supervisors must transfer to each im- provement district from the general road funds of the county an amount which, in the judgment of the board, is a fair proportion of the road fund of the supervisorial district in which the improvement district is situated. County bonds. County supervisors may form road improve- ment districts 1 and issue bonds for the construction of perma- ment roads therein, unless a majority of the property owners residing within such district object. The bonds must be paid within twenty years and the rate of interest on the same must not exceed seven per cent. Taxes. Code 1906, section 2652. Every male person between the ages of twenty-one and fifty years is required to pay an annual road poll tax of three dollars, unless exempt by law. improvement districts are outside of incorporated towns. STATE GOOD ROADS SYSTEMS 13 Section 2653. The county board of supervisors may levy a property tax for highway purpose of not to exceed forty cents upon each one hundred dollars of assessable property in any one year. 1 Statute labor. All highway taxes are paid in cash. COLORADO. The State Highway Department. Laws of 1909, chapter 57. The state highway commission consists of three members ap- pointed by the governor for a term of six years, the eastern, central and western sections of the state each having a repre- sentative on the commission. The chairman receives an annual salary of one thousand two hundred dollars, and each of the other two six hundred dollars, together, with their necessary traveling expenses while away from their homes and perform- ing the duties of their office. The commission employs a secretary, who must be a civil engineer, at an annual salary of two thousand five hundred dollars. The attorney general is ex-officio attorney for the commission. Powers and duties. The commission apportions the state aid fund among the counties and notifies the county commissioner of the amounts to which the counties are entitled. It must prepare a map showing especially the location of all proposed roads that will receive state aid as well as that of all public roads. The commission ascertains the location of road material avail- able throughout the state and prepares rules and regulations for the construction, improvement and maintenance of state roads. While the boards of county commissioners make the necessary surveys, plans, specifications and estimates of cost of work upon state roads within the county in accordance with the rules and regulations of the commission, the commission may make changes therein and may order other plans, specifica- tions, surveys and estimates to be made if deemed necessary. The construction, improvement and maintenance of state roads x The county road taxes are apportioned to the road districts. 14 DIGEST OF LEGISLATldN is under the direction of the local boards of county commission- ers, but subject to the supervision of the state highway com- mission. All contracts for work upon state roads are let by the county commissioners, but they must first be approved by the commission. The county commissioners are required to make careful annual reports to the highway commission show- ing all items expended on state roads under this act and all other items expended by the county for other roads therein. State Aid. Laws of 1909, chapter 57. The county commis- sioners of each county prepare a map showing the roads by them deemed of sufficient importance to be improved under this act. A copy of this map is filed with the state highway com- ission, together with a statement as to the location of suitable road material within the county. A duplicate of the road map is also filed with the county clerk. On or before January first, nineteen twelve, the highway commission must have a road map of the state showing all open public roads in each county and in color all roads deemed by the commission of sufficient public importance to receive aid hereunder. The commission divides such roads into two classes, primary and secondary, those of the former being im- proved first. In March of each year the state fund is appor- tioned among the counties ; each county must raise double the amount apportioned to it by the commission. Appropriation. For the purpose of state aid in the con- struction and improvement of highways, the sum of fifty thou- sand dollars is appropriated. Local Supervision. The board of county commissioners has control of the roads of the county. It may divide the county into suitable road districts from time to time. The amount to be expended in such district must not be less than fifty per cent, of the taxes collected therein for road purposes. The board appoints annually a road overseer for each dis- trict, who receives three dollars per day for his services. Taxes. The board may levy a maximum property tax of one dollar for every one hundred dollars of valuation for road purposes. Road Revenues. Code 1896, section 3935. County tax. The STATE GOOD ROADS SYSTEMS 15 board of county commissioners may levy a property tax for road purposes not exceeding one dollar on each one hundred dollars of assessed valuation. County bonds. The county commissioners may create an in- debtedness for the building of roads and bridges when author- ized by a majority of the voters of the county. Debt limit. The aggregate amount of indebtedness of any county, exclusive of debts contracted prior to 1876, is limited as follows: Counties in which the assessed valuation of property exceeds five million -dollars, six dollars on each one thousand dollars thereof; counties in which the assessed valuation of property is less than five million and exceeds one million dollars, twelve dollars on each one thousand dollars thereof. Poll tax. Laws 1907, chapter 215, section 11. Every able- bodied man between the ages of twenty-one and fifty years is required annually to pay a road poll tax within his road dis- trict of three dollars, or in lieu thereof perform two days' labor on the highways. State labor. All property taxes are paid in cash. Convict Labor. Laws 1907, chapter 206. The state prison authorities are authorized to work the convicts on state roads. CONNECTICUT. The State Highway Department. Acts of 1905, chapter 232. The governor appoints quadrennially a highway commissioner, who must be an experienced road builder and who receives an annual salary of five thousand dollars and his actual and neces- sary traveling expenses, not exceeding one thousand five hun- dred dollars in any one year. (Amended chapter 93, Acts of 1909.) The commissioner must appoint one deputy highway com- missioner and eight division engineers and such other assistants as may be necessary to make surveys, plans, specifications and maps. Salaries of the assistants are determined by the com- missioner, but may not, in the aggregate, exceed sixty-five thousand .dollars annually. The commissioner divides the state 16 DIGEST OF LEGISLATION into eight highway districts and one division engineer or in- spector is assigned to each district. Powers and duties. Whenever a town has declared its in- tention to build a public road within its limits, the highway commissioner designates the highway to be so constructed or improved. He also makes surveys and prepares plans, specifi- cations and estimates of cost. If the cost does not exceed one thousand dollars he may permit the town to do the work with- out competition. He may reject any or all bids, and a copy of the contract to do the work is filed with the commissioner. (Chapter 264, Acts of 1907.) The commissioner keeps in repair roads built by state aid, but charges one-fourth of the cost of such work to the town. If any road built under a statute enacted prior to 1907 has not been properly repaired, the commissioner may enter the town, do the work and charge the cost thereof to the town. (Chapter 135, Acts of 1909.) State Aid. Acts of 1905, chapter 232. Whenever a town by its vote declares its intention to build a public road, the high- way commissioner designates the highway to be constructed or improved. If the selectmen refuse to carry out the vote of the town, the state highway commissioner performs their functions in the matter of carrying out the town vote to improve a high- way. Amount granted. The amount of state aid granted the towns is based upon the local grand lists. In towns having a grand list of over one million two hundred and fifty thousand dollars, the state pays three-fourths, and in towns having a grand list of one million two hundred and fifty thousand dollars or less, the state pays seven-eighths of the cost. (Acts of 1907, chapter 264.) Maintenance. Highways constructed under the provisions of this chapter, or of statutes under which state aid is granted, are maintained by the highway commissioner. The commissioner files with the town within which the road lies a statement of the cost of repair and the town reimburses the ^state one-fourth of the total cost thereof. Appropriation. The state aid fund is provided bv an annual STATE GOOD ROADS SYSTEMS 17 appropriation of seven hundred and fifty thousand dollars. Local Supervision. Ordinarily, road work in this state is done by the counties. The towns at their annual meetings provide for the repair of their highways, or, if they fail to do so, the selectmen do the work. If the towns neglect to repair their highways, and it appears to the county commissioners after hearing that the repairs are necessary, the latter order the selectmen to do the work, and if they neglect or refuse, the repairs are made by the county commissioners and the cost of the work collected from the town. Road Revenues. Code 1902, section 1931. Town bonds. When any town has incurred or shall incur debts exceeding ten thousand dollars, it may issue bonds. The rate of interest on such bonds may not exceed six per cent. There is no pro- vision stating that such indebtedness may or may not be in- curred for highway purposes. Road taxes. Section 2025. Any town may include in its town tax for town purposes a sum sufficient to build and repair highways. Statute labor. All property taxes are paid in cash. DELAWARE. The State Highway Department. Chapter 139, Laws of 1905. There are three counties in Delaware, and the governor, under the provisions of this chapter, .appoints one state highway com- missioner, subject to confirmation by the senate, quadrennially, and at an annual salary of one thousand dollars, for New Castle county. Powers and duties. The commissioner reports biennially to the legislature. A resolution passed by the Levy Court to im- prove a highway must be approved by the commissioner before state aid money is paid. The commissioner also has charge of the work after the contract has been awarded, and he appoints a supervisor of construction at three dollars per day, to be paid by the levy court. The commissioner investigates the most practical methods 18 DIGEST OF LEGISLATION of maintaining and constructing roads, estimates the cost there- of and prepares plans and specifications. He certifies to the state treasurer and to the Levy Court of New Castle county the amounts expended under this act, and he draws his warrants upon the state treasurer for one-half of the cost of construction thereof. He also certifies to New Castle county its share of such cost. State Aid. A resolution to improve a highway is passed by the levy court, but it must be approved by the highway com- missioner before the, state aid money is paid. Section 9. The highway commissioner takes charge of the work after the contract has been awarded and filed and he ap- points a supervisor of construction, who receives three dollars per day, to be paid by the levy court. Section 11. The Levy Court ascertains one-half of the esti- mated cost of all work for which contracts have been let and includes such amount in the annual tax levy for the county. The other half is paid by the state. The present annual appro- priation is thirty thousand dollars. Maintenance. Roads constructed under this act are forever county roads and the same must be kept in repair by the Levy Court of New Castle county. Local Supervision. The Levy Court of New Castle county appoints a county engineer at a salary of two thousand five hundred dollars per annum. 1 He annually directs the repairs or improvements upon public roads in the county, subject to the approval of the Levy Court. The chapter also provides for the appointment, by the Levy Court, after the beginning of the year 1911, of a road supervisor for each of the hundreds of the county. He has charge of the work upon roads under the direction of the county engineers. Road Revenues. Chapters 143 and 144, Laws of 1905, pro- vide that the counties of Kent and Sussex may levy a special tax, in addition to the regular levy, not exceeding a certain 1 Laws 1906-7, chapter 146, section 3. The county engineer may also hold the office of highway commissioner, but if one person fills both of said offices the salary paid him by the levy court shall be one thousand five hundred dollars per annum. STATE GOOD ROADS SYSTEMS 19 sum which, together with a like sum appropriated by the state, must be devoted to the improvement of public roads. Statue labor. Laws of 1906-7, chapter 156, section 13. All road taxes kvied in New Castle county must be paid in cash. IDAHO. The State Highway Department. Code 1907, sections 1061 and 1063. The governor, state engineer and state mining in- spector constitute a board of highway commissioners. The gov- ernor is the ex-officio chairman of the commission, and the commission, at its first meeting, elects one of its own members as secretary. The members of the commission serve without compensation as such members, but are allowed their actual and necessary expenses incurred in performing their official duties as such commissioners. f Powers and duties of commission. Sections 1062, 1064, 1066- 1068. The state highway commission has control and super- vision of such highways as have been constructed in whole or in part at the expense of the state. The commission must make an itemized report and statement on the first days of Jun '" *< * nS Se " tenced to uch , , " ' e eve Con t " "'- whatso- er. Convicts m the state penitentiary are worked on such roads as the state commission may designate. NEW YORK. ^ State Highway Department. Laws of 1908, chapter 330 oi thte "^ * de ^ tmml f "ighway, to be composed advi n commiss '"ers appointed by the governor, with the - and consent of the senate, for a term of six years One ommissioner must be a civil engineer and an experienced road and bridge tu.lder. The chairman, designated by the gover- or, receives six thousand dollars and each of the others five thousand per annum. One commissioner must belong to the minority .party. STATE GOOD ROADS SYSTEMS 43 Powers and duties. The commission has supervision over highways and bridges improved by the aid of the state; it pre- scribes rules relating to the duties of division engineers, district county or town superintendents in respect to highways com- posing state or county systems and it may compel compliance with such regulations. The commission aids local road authori- ties in establishing grades and drainage systems and advises with them as to the construction of highways. It must pre- pare plans and specifications of roads and bridges when re- quested by the local road authorities. It investigates methods of road construction, prepares statistics and information relat- ing to public highways throughout the state and holds annual meetings in each county or district where it furnishes infor- mation relating to highway improvement and the application of the highway law. The commission also divides the state into not more than six divisions to each of which it assigns a division engineer, skilled and experienced in the arts of civil engineering. The commssion inspects bridges reported unsafe and in- structs the district or county superintendent as to the repair of such as are condemned by it. It also inspects all state and' county highways annually keeping careful reports of such in- spection. All state highways are constructed or improved by the high- way commission and their maintenance and repair is under its direct supervision and control. State Aid. The board of supervisors of the county may pass a resolution requesting that a highway be improved, as pro- vided in this article, and giving a description of the highway. This resolution is transmitted to the state highway commission. The commission after due investigation notifies the board of its action. If improvement is decided upon the division en- gineer prepares the plans, specifications and costs. The plans are submitted to the proper district or county superintendent who personally examines the same and the highway proposed to be constructed. The board of supervisors then examine the plans and specifications and with the consent of the commis- sion may make changes therein. They then request that the DIGEST OF LEGISLATION highway -be constructed accordingly. The county and town must make available their share of the cost before the work is commenced. State bonds. The state recently issued its bonds in the sum ifty million dollars for the construction of improved roads Three million five hundred thousand dollars were expended for highways in the state and eleven million dollars have been thus expended since 1899. Amount The state pays the several towns as state aid the 'based upon the amount of taxes levied therein for repair or improvement of highways, sluices, culverts and bridges determined as follows: Towns whose assessed valuation of real or personal property, exclusive of property in incorporated villages, is less ban five thousand dollars for each mile of highway in such of such re t C axIs e " Unt fmm thC StatC Cqilal t0 the All towns whose assessed valuation is over five thou- I dollars and less than seven thousand dollars for each mile of highways receive an amount equal to ninety per cent of the amount of such taxes. tho, l7H S 11 Wh Se / SSeSSed ValUati n is at least seve " lousand dollars and not over nine thousand dollars for each mile o highways receive an amount equal to eighty per cent the amount of such taxes. tho, T 7? S 11 whose / ssessed valuation is not less than nine usand dollars and less than eleven thousand dollars for each highway receive an amount equal to seventy per cent of the amount of such taxes. S ' not Iess than and less than thirteen thousand dollars for ch mile of highways receive an amount equal to sixty per - of the amount of such taxes. Towns whose assessed valuation is over thirteen thou- I dollars for each mile of highways receive an amount fifty per cent of the amount of such taxes.- But no town may receive from the state in any one year, un- der this section, an amount in excess of twenty-five dollars STATE GOOD ROADS SYSTEMS 45 per mile for the total of these 'highways, except that in towns whose assessed valuation of property, exclusive of such prop- erty in incorporated villages, averages more than twenty-five thousand dollars for each mile of highways therein, the amount paid hereunder may not exceed one-tenth of one per cent of such assessed valuation. Section 102. The mileage of highways to be used in deter- mining the amounts to be paid under section 101 is deter- mined by tables prepared by the state engineer. Sec. 103. The state comptroller determines the amount due the several towns under the provisions of this article and draws warrants in favor of each county treasurer for the amount due to the towns within his county. The county treas- urer in turn pays to the supervisors of each town the amount to which each town is entitled. The cost of building state roads is borne entirely by the state. But the cost of building county roads is borne, fifteen per cent by the town, thirty-five . per cent by the county and fifty per cent by the state. Maintenance. State and county roads are maintained and re- paired by and at the expense of the state, except that each town pays annually fifty dollars for each mile of the total mileage of state and county highways within its borders. Local Supervision. The commission divides the state into six divisions and assigns to each a cjyil engineer who devotes his entire time to the duties of his office. .The supervisors of each county have the power to appoint a county uperintendent of highways, but if they neglect to do so the commission places such county in a district with such other counties as it deems expedient. County superintendents may be removed by the commission for inefficiency. The ultimate authority in matters pertaining to highways constructed by state aid is in the state highway commission. The towns have supervision and control over town ways, but the commission may prescribe rules and regulations governing the expenditure of state funds thereon. Road Revenues. Bonds. Laws of 1908, section 142. County DIGEST OF LEGISLATION or town may borrow money. If there are not sufficient funds m the county treasury to pay .the share of the cost of the con- struction or improvement, the county treasurer is authorized or directed to borrow a sufficient sum to pay such share in antici- pation of taxes to be collected therefor and to pledge the faith and credit of the county for the payment of the amount when due, with interest. Upon the petition of 'the town board of any town, the board f supervisors of the county may authorize the town to borrow a sufficient sum to pay the share of the cost of the construction or improvement of a county highway which is to be borne by the town and to issue bonds therefor. Township Taxes. Sections 90, 91-94. The town board of each town levies and collects taxes as follows: The amount to be levied and collected for the repair and improvement of highways, including sluices, culverts and dges having a span of less than five feet, which when added to the amount to be received from the state, must equal thirty )llars for each mile of highways within the town, outside the limits of incorporated villages; except that no town having an assessed valuation of three thousand seven hundred and ifty dollars or less per mile outside of incorporated villages rs required to levy and collect a tax under this subdivision of 3ur dollars on each thousand dollars of assessed valuation. -. Not more than fifteen hundred "dollars may be levied and -cted m any one year for the repair and construction of bridge unless authorized by vote of a town meeting. 3. Not more than five hundred dollars may be levied and >cted in any one year for the purchase or repair of road ichmery unless authorized by the vote of a town meeting. 4. Nor more than fifteen hundred dollars may be levied and collected in any one year in any town for the repair or construction of any highway or bridge which has been dam- aged or destroyed, unless authorized by vote of a town meet- ing. Additional tax. Section 92. Whenever the sum of one thousand dollars will be insufficient to pay the expenses neces- sary for the removal of obstructions caused by snow and when- STATE GOOD ROADS SYSTEMS 47 ever the amounts levied are deemed insufficient for the pur- poses mentioned an additional sum may be raised at a special or regular town meeting, not exceeding one-third of one per cent upon the taxable vahiation. Statute labor. All road taxes are paid in cash. Convict Labor. The superintendent of state prisons may em- ploy not to exceed three hundred convicts confined in state prisons in the improvement of public highways outside of in- corporated cities or villages. OHIO. The State Highway Department. Statutes 14614-11, section 1. The governor appoints a state highway commissioner for a term of four years at an annual salary of two thousand five hundred dollars and actual traveling expenses not exceeding five hundred dollars annually. The commissioner may appoint an assistant with the advice and consent of the governor. Powers and duties. The purpose of this department is to instruct, assist and co-operate in the building and maintenance of roads in such counties as comply with the provisions of this act. The state highway commissioner must approve applications for the improvement of roads by state aid and he must pre- pare plans and specifications of such roads and also submit to the county commissioners estimates of the cost of the work. He advertises for bids for doing the work. When the work- is completed he ascertains the total cost thereof and apportions the same among the state, county, township and abutting prop- erty. State Aid. The county commissioners may by resolution order the permanent improvement, with state aid, of any public road, not less than one mile in length. Or if the board does not act, the owner of fifty-one per cent of the lineal feet along such road may petition the board to take favorable ac- tion on the petition if deemed for the best interests of the public. The location of the road and the material to be used is subject to the approval of the state highway commissioner. If the expense of constructing all the road applied for ex- DIGEST OF LEGISLATION ceeds the available funds, the county board and the state high- way commissioner determine what roads shall be improved. The highway commissioner must examine and approve all roads to be improved before work may be commenced. ^ Appropriation. The state aid fund is an annual appropria- tion of one hundred fifty-eight thousand dollars which is equitably distributed among the counties. Amounts. The state pays fifty per cent of the cost. The remaining fifty per cent is paid, twenty-five per cent by the county and twenty-five per cent by the township. Fifteen per cent of the twenty-five per cent charged to the township is paid by the whole township and ten per cent is a charge upon the abutting property. The township trustees apportion the amount to be borne by the abutting property according to the benefits accruing to the owners of the land. Maintenance. State highways highways constructed by the aid of the state are maintained in standard condition of re- pair by the commissioners of the county within which they are situated at county expense. If the local authorities neglect their duties in this matter, the state highway commissioner may do the work and deduct the cost from any funds that may be apportioned to the county in aid of highway improvement (Laws of 1908.) Local Supervision. The general authority over roads and highways is in the board of county commissioners. The com- missioners of districts organized for the purpose of improving or constructing highways may appoint an engineer to do the necessary work. These road commissioners are appointed by the board of county commissioners when two or more town- ships have by vote formed themselves into a road district. If one hundred or more taxpayers of a township petition the board of trustees to improve a roa'd or roads within its borders or if the trustees deem it for the best interests of the township, the trustees submit the question to a popular vote. If the proposition is carried the trustees, appoint three disinterested freeholders as commissioners to serve for three years who designate the roads to be improved, hire an en- STATE GOOD ROADS SYSTEMS 49 gineer to prepare the plans and specifications and superintend the work. Road Revenues. County taxes. The county commissioners, at their March or June sessions, annually, may levy on each dol- lar of assessed valuation in their county a tax for road and bridge purposes as follows : Valuation. Tax. Over $80,000,000 and less than $120,000,000 */ 2 mill Over $50,000,000 and less than $ 80,000,000 7-10 mill Over $20,000,000 and less than $ 50,000,000 1 1-10 mills Over $10,000,000 and less than $ 20,000,000 l 1 /^ mills Over $ 5,000,000 and less than $ 10,000,000 3 mills Up to $5,000,000 5^ mills State and county improvement fund. The county commis- sioners in addition to the levy authorized for road and bridge purposes, levy on each dollar of taxable property within their county, a tax not exceeding five-tenths of a mill for the crea- tion of a sta-te and county improvement fund. County bonds. To pay for the work of improving highways at the instance of petitioners from three or more townships the commissioners may issue bonds of the county having not more than three years to run. Bonds may also be issued by the commissioners to pay the shares of townships and landowners of the cost of improve- ments of highways forming boundary lines between coun- ties. Township bonds. Township trustees may issue bonds for their township to pay road improvements. District bonds. The township trustees may form their town- ship into a road district for the purpose of macadamizing or improving public ways therein. Bonds of the road district may then be issued, in an amount not exceeding one hundred thousand dollars. But such bond issue must first be approved by a majority of the votes cast, upon, the proposition. Township tax. The trustees of any township may levy a tax not exceeding six mills in any one year on each dollar of assessed valuation in their township, for the purpose of im- proving by macadamizing and graveling the public highways. 50 DIGEST OF LEGISLATION Statute labor. All male persons between the ages of twenty- one and fifty years, unless by law exempt, are required to per- form two days' labor on the highways, or in lieu thereof pay the road superintendent or street commissioner the sum of three dollars within three days after being notified to perform such work. All property road taxes are paid in cash. Convict Labor. Convicts may be required to crush stone or manufacture road material. The prison authorities furnish such material on requisition by counties or townships. PENNSYLVANIA. The State Highway Department. Acts of 1905, No. 220. The governer, with the advice and consent of the senate, appoints a highway commissioner, who must be a civil engineer and an experienced road builder, for a term of four years. He re- ceives an annual salary of six thousand five hundred dollars and actual traveling expenses. He may appoint as assistants one deputy at a salary of three thousand six hundred dollars, one competent civil engineer at three thousand dollars, and twelve civil engineers at a salary of two thousand four hundred dollars each per year. Powers and duties.. The state highway commissioner pre- pares plans and makes the necessary surveys and estimates of the cost of the work of constructing or improving roads by state aid funds. He also apportions the state aid fund among the counties on the basis of the mileage of township improved roads. The standard ofconstruction is fixed by the state highway de- partment in a manner best adapted to the locality in which the highways are located. The highway commissioner may reject any and all bids for doing the work if the prices are materially higher than his own estimates. The highway commissioner must make a complete survey of all roads in the state and prepare a general highway plan for the state. He must compile highway statistics as to mile- age, condition and cost of roads. He must investigate road building generally and he may be consulted by local highway authorities. He must annually submit to the governor a report STATE GOOD ROADS SYSTEMS 51 containing the statistics and information herein mentioned, to- gether with a statement of the expenses of the department. State Aid. How obtained. On petition from the supervisors of any township, the county commissioners apply to the state highway department for the co-operation of the state in im- proving permanently the principal highway within such town- ship. A cash road tax must be levied by each township where such road improvement is to be made, and any township may issue bonds to pay its share of the cost of the improvement. But if a petition, signed by the owners of the major portion of the real estate in said township, is addressed to the county commissioners protesting against such improvement, then no action is taken, provided that the protest be received within thirty days of the receipt of the petition from the township supervisors. Appropriation. The sum of six million three hundred fifty-six thousand two hundred and thirty-two dollars and forty-seven cents was appropriated to carry out the provisions of this act. Of this amount eight hundred fifty-six thousand two hundred and thirty-two dollars and forty-seven cents was available during the year 1905; one miffion two hundred and fifty thou- sand dollars for each of the two years following and one mil- lion five hundred thousand dollars for the next two years thereafter. Amount. The expense of improving highways under this act is paid three-fourths by the state, twelve and one-half per cent by the county and twelve and one-half per cent by the town- ship within which the improved road lies. Maintenance. Ten per cent of the amount available for state aid under this act is set aside for the maintenance of improved highways and the state highway commissioner ap- portions the same among the counties and towns applying for it in proportion to the mileage of improved highways therein. But the amount each town or county receives may not ex- ceed in any one year three-fourths of the average annual cost of maintenance or three-fourths of what the cost of mainte- nance, in the opinion of the state highway commissioner, should be. If the town or county refuse or neglect to keep a high- DIGEST OF LEGISLATION way improved under contract with the state in suitable repair, the state highway department may do so at the expense of the locality. Local Supervision. The roads of the county are under the supervision and control of the county commissioner. The com- missioners may, with the approval of the grand jury and the court of quarter sessions, specially improve any road or roads selected. A plan of the system to be improved is prepared by the board and the roads become county roads and are main- tained at county expense. In townships of the second class three road supervisors are elected who serve 'for a term of three years. 1 These divide the townships into road districts of not less than five miles of road to each, and appoint a road master for each such district who must himself work upon the roads and see that the work is properly done within his jurisdiction. Road Revenues. Acts 1895, No. 251, section 14. The county commissioners of any county may levy a road tax of not to exceed two mills on the dollars, upon all real and personal property in the county for improving important county roads. Township road tax. Acts 1906, No. 107, section 2. The township board of supervisors may levy a tax of not to ex- ceed ten mills on the dollar of all taxable property, trades and occupations for the purpose of constructing and repairing bridges. An additional ten mills may be levied by order of the court of quarter sessions, upon the petition of the board of supervisors and with their unanimous recommendation. Bonds. Acts of 1905, No. 318. The commissioner may bor- row money and issue bonds for building and improving pub- lic highways. The amount of such issue must not exceed one per cent of the assessed value of all taxable property in the county at the last preceding triennial valuation. Such bonds bear interest at a rate not exceeding four per cent per annum. The commissioners may not in any one year issue bonds in excess of one-tenth of one per cent of the total valuation of 'Townships are classified according to population, those having at oTfhe'second^das's t0 ' STATE GOOD ROADS SYSTEMS 53 all taxable property as indicated by the last triennial assess- ment. Statute labor. Acts of 1909, No. 566. By this act it is provided that all road taxes shall be paid in cash. But town- ships may at their annual meeting, by majority vote, adopt the system of road taxes by work on the public roads. Any township that collects its road taxes in cash receives from the state fifty per cent of the amount of road taxes col- lected in said township, but no township may receive more than twenty dollars for each mile of township road within it. Five hundred thousand dollars are appropriated to carry out the purposes of this act. Convict Labor. Laws of 1907, Act 191. Male prisoners may be required to labor on the public highways if deemed ex- pedient by the prison board. RHODE ISLAND. The State Highway Department. General Laws of 1909, chapter 84. The governor appoints, with the advice and con- sent of the senate, a state board of public roads consisting of five qualified electors, one from each county of the state, to hold office for four years. The members receive no compen- sation except for their necessary traveling expenses. It may expend five thousand dollars annually for clerk hire. Powers and duties. The board reports annually to the gen- eral assembly and makes recommendations as to re-locating, re-grading and improving of the main highways of the state with a special view to the connection of the same with the main highways of adjoining states. No work, other than pre- liminary surveying, is done upon state highways until the re- port has been approved by the assembly and the money ap- propriated for such purposes. The board then directs and con- trols all expenditure of all such appropriations and makes all contracts necessary for that purpose. The board supervises the maintenance of state roads roads built as aforesaid. State Aid. Rhode Island builds its roads at state expense and does not give aid to the counties or localities. Bonds. Bonds of the state in the sum of six hundred thou- 1 54 DIGEST OF LEGISLATION sand dollars were issued in 1906 to provide for a highway construction fund. Maintenance. State roads are maintained by the state and at its expense. Local Supervision. Highways are repaired and constructed under the direction of the town council. The council divides the town into not more than four districts and annually elects one surveyor of highways for each district. The appropriation tor highway purposes is made by the town meeting All work s done under the direction of the town council and it may order the highways to be graded and sidewalks to be built therein. Road Revenues. General laws 1909, chapter 83, section 3 Town taxes. The electors of each town, at a regularly called etmg, appropriate such sum of money as said electors may deem necessary for the maintenance and repair of its hicrh- ways and bridges. Statute labor. All road taxes are paid in cash. VERMONT. ^ The State Highway Department P. S. 1902, chapter 172, sec- tion 4002. The governor appoints one highway commissioner with the advice and consent -of the senate, to hold office for a term of two years and at an annual salary of one thousand eight hundred dollars. Powers and duties. Section 4003. The commissioner makes all necessary rules and regulations governing the expenditure state funds apportioned to the towns or incorporated villages for the improvement of roads. He also prepares plans a & nd specifications for road building and advises local road com- missioners in reference thereto. Section 4004. The commissioner, with the advice and con- sent of the governor, appoints one supervisor for each county who acts as his agent and assists him in supervising the ex- penditure of state funds and the construction and improve- ment of roads. The county supervisor and the state commissioner approve the selection of roads to be improved by state funds. STATE GOOD ROADS SYSTEMS OE> The highway commissioner calls a meeting of road and street commissioners annually where topics of his choosing are brought forward and discussed. State Aid. Public Acts, 1908, No. 97. Application for state aid is made by the towns to the state highway commissioner. Roads to be improved by state aid are selected by the select- ment of the town and the town road commissioner, subject to the approval of the county supervisor and the state highway commissioner. If a town votes 'a sum of mdney in excess of the amount required to be expended by it, the highway com- missioner apportions to such town a sum equal to the amount so voted if not less than one hundred dollars nor more than five hundred dollars. Appropriation. The sum of seventy-five thousand dollars is annually appropriated to carry out the provisions of this act. There is also a regular appropriation -of one hundred thousand dollars. A state tax of five cents on the dollar is annually assessed on 'all property. The proceeds are apportioned among the towns to be used in support of highways. Amount granted. The state pays one-half of the cost and the town the other half. Maintenance. Highways selected for improvement by state aid are maintained at the expense of the towns within which they lie. Local Supervision. P. S. section 4004. The state highway commissioner, with the advice and consent of the governor, ap- points annually supervisors not exceeding one for each county who act as his agents and assist him in supervising the expendi- ture of the money apportioned and appropriated by the state for highway improvement. They inspect roads built by state money and receive as compensation not more than three dol- lars per day to be paid by the state treasurer. The town elects one or two road commissioners who serve for three years. The commissioners superintend the expendi- ture of the highway tax and have charge of keeping in repair the highways of the town. Road Revenues. Public statutes 1906, section 3955. Tax. For keeping in repair the highways, the towns annually ap- DIGEST OF LEGISLATION propriate a sum not less than one-fifth of the grant list of the town. Section 3-968. The county road commissioners for unor- ganized towns and gores may levy a highway tax in any one year of not to exceed thirty-five per cent of the grand list of such unorganized town or gore. Bonds. Public statutes 1006, section 3574-76. A town or in- corporated village may issue bonds, to an amount not ex- ceeding three times its grand list, for the purpose of purchas- ing road making apparatus and for building permanent 'hiVh- ways. Section 3576. Such bonds may be issued for a term not exceeding twenty-five years and at a rate not exceeding five per cent. Statute labor. All taxes are paid in cash. Convict Labor. Section 6105. The prison board in each county may work county prisoners on the public highways. VIRGINIA. The State Highway Department. Laws of 1906, chapter 73 The governor appoints, subject to the confirmation of the gen- eral assembly in joint session, a citizen of the state and civil engineer for state highway commissioner. His term of office is six years and his annual salary is three thousand dollars and necessary traveling expenses. The highway commissioner to- gether with the professor of civil engineering of the Univer- sity of Virginia, of the Virginia Military Institute and the Vir- ginia Agricultural and Mechanical College and Polytechnic In- stitute, constitute the state highway commission. Powers and duties. When the local road authorities of any county decide to improve permanently any road, they apply to the state highway commission for a civil engineer to view the proposed road. If the state highway commissioner is, after investigation, convinced that the proposed improvement is upon a main traveled highway, he prepares the plans, specifications and estimates of the cost of the work and forwards the same to the local authorities. The state highway commissioner has general supervision over STATE GOOD ROADS SYSTEMS 57 the construction and repair of the main traveled roads of the state and he must supply technical information when requested. He may also call into consultation the professor of civil en- gineering of any of the institutions named above. The state highway commissioner advertises for bids and ap- proves or disapproves the contract after it has been let by the local authorities. State Aid. Laws of 1908, chapter 76. The road authorities of the county must apply to the state highway commission if state aid is desired, agreeing in such application, in behalf of the county, that the county will pay one-half of the expense of construction. The state aid fund is apportioned among the several counties according to the amounts of state taxes paid into the state treasury by each of the counties the next pre- ceding year, on realty, personalty, income and including capi- tation tax. Appropriation. Beginning with the fiscal year commencing March first, 1909, the sum of two hundred and fifty thousand dollars is annually appropriated to carry out the provisions of this act. Local distribution of cost. The road authorities of each county may determine what part, if any, of the fifty per cent to be borne by the county shall be paid by the smaller road divisions of the county and private contributions to be used on account of such expenses may be accepted 'by the county. Maintenance. '" Highways built ; by state aid are maintained under the supervision of the state highway commissioners. Local Supervision. Acts of 1908, p. 411-12. The board of supervisors of each county appoints a county superintendent of roads, if deemed necessary, to hold office for two years at a salary fixed by it, who must either be a civil engineer or well versed in road building. He superintends the opening and repairing of county roads and bridges within the county and acts as purchasing agent of all materials and supplies required in the prosecution of such work. He is subject to rules and regulations prescribed by the board of supervisors and the state highway commissioner. The superintendent has charge of tools and machinery need- DIGEST OF LEGISLATION ed for road work and furnished by the board of supervisors _so far as possible supervises personally the working and opening of all roads. He also hires teams and wagons needed to work said roads. He must generally supervise roads and that the same be kept in good condition. Road Revenues. Taxes. Acts of 1908, chapter 318. General The board of supervisors of each county annually lew along with the county tax, a road tax upon all taxable property m the county, not to exceed forty cents on each one hundred ollars of assessed valuation. This tax is applied to the build- l and repair of roads and bridges, defraying the county's pro- ton of expense of construction of any public road therein tor which state aid is obtained, and the payment for road mach- inery. District tax. Chapter 118. The board of supervisors of each nty annually levy, along with the county levy, a road tax upon all taxable property in the several magisterial districts f their county of not to exceed forty cents on each one hun- dred dollars' worth of taxable valuation. The amount so col- is expended in the several road districts of the county. Special tax. Chapter 308, section 2. The board of super- visors of any county in the state, which has not a special road law in force therein, may divide their respective counties into road sub-districts. When authorized by a majority vote of the qualified voters a special road tax may be levied in any such sub-district, not exceeding fifty cents on each one hun- dred dollars' worth of taxable property therein Bonds. Acts of 1908, p. 408. An amount, not exceeding an amount, the interest upon which, at the rate authorized by supervisors, requires the imposition of an annual tax in xcess of twenty cents on each one hundred dollars, may be levied when three-fifths of the qualified voters voting on the proposition cast their ballots in favor of it. 1 Statute labor. All road taxes are paid in cash, statute labor having been abolished in 1904. co . unties of the state have taken advantage of this law S ranin ** STATE GOOD ROADS SYSTEMS 59 Local Supervision. Acts of 1908, p. 411-412. borne counties are operating under special laws. Generally the supervision, management and control of highways rest in the county boards of supervisors, county superintendents of roads, road sub-dis- trict boards and road sub-district surveyors of their respective counties. The supervisors of the county prepare the plans of roads and bridges when called upon. The board of county supervisors biennially appoint a county superintendent of roads who must either be a civil engineer or well versed in road building. He superintends the work of repairing, opening and maintaining of county roads and bridges and acts as purchasing agent for the board of supervisors. His compensation is determined by the board of supervisors. If deemed necessary, the superintendent with the approval of the county board of supervisors may divide the county into road districts each of which usually consists of at least one magisterial district. This division into districts can be made only when the superintendent cannot personally supervise tne repair of and work upon roads. Convict Labor. Laws of 1906, chapter 74. All prisoners con- victed of crime and sentenced either to hard labor on the pub- lic roads or to imprisonment in jail, and all persons impris- oned for default in the payment of fines and costs, constitute the state convict road force. Upon application of the superintendent of the penitentiary the judges of the circuit courts of the counties of the state 01- der persons convicted to join the state convict road force. Chapter 59. -If a person awaiting trial is unable or unwill- ing to furnish a bail bond with satisfactory sureties, he may instead of being committed to jail, elect to join a chain gang, or the state convict force. WASHINGTON. The State Highway Department. Laws of 1909, chapter 186. The state highway department consists of the state highway board which is composed of the state auditor, the state treas- urer and the state highway commissioner. The two first 60 DIGEST OF LEGISLATION . ' named receive no compensation except actual expenses while engaged in their official duties as members of said board. The highway commissioner must be an experienced civil engineer is appointed by the governor for a term of four years,* and 're- ceives an annual salary of two thousand five hundred dollars and traveling expenses, not exceeding one thousand dollars per year and office expenses not exceeding one thousand two hun- dred dollars annually. Powers and duties. The commissioner reports biennially the work of his office to the legislature together with recommen- dations as to needed state highways and their cost. The state highway board decides what portion of the amount appropriated for any state road shall be expended within the counties through which the proposed road will run. The state commissioner surveys state roads, maps them in outline and profile and prepares plans and specifications for their construction which must be approved by the state high- way board before any road is constructed or improved The commissioner provides superintendence of construction work on state roads. The commissioner advertises for bids for the construction state roads and the state highway board may reject all bids if deemed advisable. He must compile statistics and gather information relating > road work and advise persons interested in highway .improve- ment and on request must furnish plans and specifications for road or bridge construction or repair. The state highway board has charge of the state aid fund and its distribution throughout the state. State Aid. Laws of 1907, p. 298. Upon being petitioned by the owners of two-thirds of the lineal feet fronting on such public highway, that the highway described in the petition be improved, the county commissioners must and without such petition may pass a resolution to this end. This resolution, which must contain a description of the highway proposed to be constructed, is transmitted to the state highway board. The state board then investigates all the circumstances and ascer- tains if sound public policy demands the improvement. STATE GOOD ROADS SYSTEM'S 61 Appropriation. By chapter 236, Laws of 1909, the sum of six hundred and fifty thousand dollars is appropriated out of the public highway fund for the construction and maintenance of state roads. The state aid highway fund represents the proceeds of a tax of one mill annually levied upon all property in the state subject to taxation. In 1909, five hundred and ninety-five thousand dollars was appropriated out of this fund for the construction of state aid roads. Amount granted. State roads. State roads those built through mountainous or sparsely settled communities are con- structed wholly at the expense of the state. State aid roads. The cost of building state aid roads is paid by the state and the locality. Fifty per cent is paid by the state and fifty per cent by the county. Fifteen per cent of the portion paid by the county is charged to the local road dis- trict within which the highway lies and the remainder is paid out of the road and bridge fund of the county. But if the improvement was made at the instance of petitioners, then fif- teen per cent of the cost is paid by the owners of the abutting land in proportion to the benefits accrued. Maintenance. State aid highways are maintained at the ex- pense of the county by the authorities of the district through which the roads pass. State roads are maintained by the state highway commissioner at the expense of the state. Local Supervision. Laws of J909, chapter 224. The county commissioners have general supervision of the highways with- in the county. This act provides for the permanent improve- ment of county roads on the petition of the owners of two- thirds of the lineal feet fronting on the road to be improved. The county engineer furnishes the plans and specifications and the work is done at the expense of the owners of the land ben- efited. The improvement district consists of the land lying ad- jacent to the road to be improved, coterminous with it and extending one-half mile on each side thereof. County engineer Laws of 1907, chapter 160. The county surveyor is hereafter to be designated as county engineer. He must be a competent civil engineer and is elected for a term of two years at a salary based on the population of the county. 1 62 DIGEST OF LEGISLATION The township at its annual meeting has the power to vote money for the repair and construction of roads and bridges and the electors may at such meeting direct "what amount of the tax levied for road purposes shall be assessed as a labor tax and the amount to be collected as other town taxes. The county commissioners divide the county, not oftener than once a year, into a suitable number of road districts appoint- ing one supervisor for each. This supervisor must under the direction of the county commissioners keep the roads and bridges of the county in repair. Road Revenues. Taxes. Laws of 1903, chapter 119. 1. All male persons between the ages of twenty one and fifty years, unless by law exempt, are required to pay a road poll tax of two dollars annually. 2. The board of county commissioners may levy a general tax for road purposes on all taxable property in the county of not to exceed four mills on the dollar. 3. A road district tax on all taxable property in the road districts, of not to exceed ten mills on each dollar of assessed valuation may be levied and collected. District taxes. Laws of 1909, chapter 224. When the county commissioners of any county have been authorized to create local improvement districts within their respective counties the cost of constructing permanent roads therein is levied on the lands benefited thereby. Bonds. District bonds may be issued. ^ Statute labor. The electors at the annual town meeting de- cide what proportion of the road taxes shall be paid in cash and what in labor on the highways. (Laws 1909, chapter 160.) ' Convict Labor. Laws of 1907, chapter 93. All convicts con- fined and not otherwise employed must be employed under the authority of the state board of control in charge of the super- intendent of the penitentiary in the building of state roads in this state. The places where and the manner in which such work is done are determined by the state highway board. Laws of 1909. Special session, chapter 11. Convicts kept at work in any of the four quarries of the state are required STATE GOOD ROADS SYSTEMS 63 to work therein so long as there is any demand for the crushed rock or other output of such quarry for building or improv- ing roads or streets. WEST VIRGINIA The State Highway Department. Laws of 1909, chapter 53. The chief officer of the department of public roads is a state commissioner of public roads who is appointed by the gov- ernor for a term of four years at an annual salary of three thousand dollars and actual traveling expenses not exceeding one thousand dollars for himself and his office force in any one year. Powers and duties. The commissioner causes to be printed bulletins containing useful information concerning the construc- tion and maintenance of roads which he distributes throughout the state. He reports biennially to the governor and the legis- lature and makes recommendations as to needed legislation. The commissioner has general supervision of all pub- lic roads constructed, improved or maintained wholly or in part by state money. He prepares rules and regulations governing the conduct of county engineers in dealing with any of the public roads of the state system and determines the meth- ods of improvement or construction thereof. He causes plans an specifications to be prepared when requested by the county engineer and investigates and determines the most suitable methods, of road construction. He causes public meetings to be held in the counties for the discussion of questions pertain- ing to roads and advises the county engineer of his intention to hold such meetings. He examines and passes upon plans and specifications for state aid roads upon receipt thereof from the county court. He causes tests of road materials to be made. He may examine all accounts and records kept, as required by the general road law of the state, by all road officials, and they must open such records for such examination. State Aid. Laws of 1909, chapter 86. When a county board passes a resolution requesting that a certain road be improved under the provisions of this act the clerk of the county court 1 64 DIGEST OF LEGISLATION transmits a copy of such resolution to the state commissioner of public roads. The county court then causes a survey of the road to be im- proved to be made with cross sections and specifications of the work. These plans and estimates if approved by the county court are then referred to the state commissioner for approval or rejection. The commissioner approves the plans and speci- fications if deemed advisable and if one-third of the cost of the contemplated improvement plus one-third the cost of all other roads previously approved by him does not in ay year exceed the amount set apart in the treasury of the state to the credit of such road fund and available for the use of the county according to the provisions of this act. The county court advertises for bids for doing the work, but the contract therefor must be approved by the state commis- sioner. State tax. Chapter 87 provides that the state road fund shall be created by levying a tax of one cent on every one hundred dollars valuation of property, real and personal. Amount granted. The state pays one-third of the cost of constructing county roads. Maintenance. Roads constructed under the provisions of this act remain thereafter county roads and are maintained out of the general county fund. Local Supervision. Chapter 52, Laws of 1909. County en- gineer. The office of county road engineer is created. The county court of each county appoints him and fixes his compen- sation. He must be competent to establish grades and "keep the roads and records as provided by law. The county sur- veyor may serve if qualified. He works under the direction of the state commissioner of public roads. He has general charge of the public roads and bridges within the county and general supervision of the work of construct- ing and maintaining the same, giving advice and information where and when needed. He examines gravel formations and deposits of stone in the county, establishes grades and ap- proves plans, specifications and estimates for the erection and repair of bridges and the repair and construction of roads. He STATE GOOD ROADS SYSTEMS 65 advises the county court as to road work, reports annually to the state commissioner and obeys the orders of the county court. Road Revenues. Taxes. The county court of each county levies such taxes as may be necessary for the construction and maintenance of public roads. District tax. A tax of one dollar may be levied on every male inhabitant of each road district between the ages of twenty-one and fifty years, unless by law exempt. County bonds. Chapter 52. The county may improve by the use of macadam, asphalt, brick or stone or any other process of equal merit roads within its limits. This may be paid for by a special levy or by the issuing of bonds. If by bonds, a petition to this end signed by fifty legal voters who are free- holders in the county, must first be addressed to the county court. The proposition is thereupon submitted to a vote at a general, school or a special election and it must receive three- fifths of all the votes cast at such election upon that question. Chapter 86. Cities, towns and villages may raise funds by taxation by the issuing of bonds for the purpose of improving roads. Statute labor. By chapter 52, Laws of 1909, all road taxes must be paid as other county and state taxes. Convict Labor. Chapter 52, section 95. The county road en- gineer may secure prisoners, serving sentence in jail, for gen eral work upon the highways. 66 DIGEST OF LEGISLATION PART II. 1. (Note below) ALABAMA. Organisation. Code 1907. All pubic roads, bridges and fer- ries are under the jurisdiction of the court of county commis- sioners, who may divide the county into a convenient number of road precincts, and appoint one or more apportioners for each election precinct, which apportioners appoint one over- seer to each road precinct or link. Supervisors. The court of county commissioners may ap- point a supervisor of the public roads who must be a civil engineer. The supervisors of public roads are required to make surveys, maps, plats and plans of the public roads and may be required to superintend, the work of overseers, contractors, employes and road hands. Road Revenues. Statute labor. Code 1907. All able bodied men of specified ages are liable to do work, not to exceed ten days a year, on the roads, or in lieu thereof pay ten dollars. Road districts. Counties may be divided into road districts for the purpose of ordering an election on the question of levy- ing a special road tax therein. A majority vote carries the proposition. The tax may not exceed one- fourth of one per cent on the assessed valuation of property in the road district. The county commissioners may levy a tax of not more than twenty-five cents on each one hundred dollars of assessable prop- erty for road purposes. Convict Labor. Code 1907. The convicts of any county or municipality may be worked upon the public roads. ARIZONA. Organisation. R. S. 1901. Public highways are under the control of the board of county supervisors. The board divides 1 Most of the matter in this part was compiled by Mr. Iver A. Acker. The material thus gathered was condensed by the legislative librarian. STATE GOOD ROADS SYSTEMS 67 the county into road districts and appoints annually, and when- ever vacancies occur, an overseer for each road district. Road overseers have the power to let contracts for the con- struction and repair of roads and bridges in their districts, when the amount of such contracts does not exceed two hun- dred dollars. County inspector. The board of county supervisors have the power to appoint a county road inspector, when deemed necessary, who performs such duties as the board of super- visors direct. His compensation may not exceed three dollars and fifty cents per day of actual service. Road Revenues. The county board of supervisors may levy a road tax, not exceeding twenty-five cents on each one hun- dred dollars of real and personal property in the county. In all counties of the first class, having unpaid road fund war- rants outstanding, the board of supervisors may levy a prop- erty tax not exceeding fifty cents on each one hundred dollars valuation of real and personal property. Fifty per cent of the money thus collected -is used for the redemption of outstand- ing road warrants, and the balance is placed by the county treasurer in the road fund and paid out on road fund warrants issued by the board of supervisors as provided by law.. Statute labor. R. S. 1901. Every able bodied male resi- dent, over twenty-one and under fifty years of age and not residing within the corporate limits of an incorporated town or city is required to perform two days' labor on the high- ways within his district, or pay two dollars in lieu thereof. ARKANSAS. Local Supervision. Statutes 1904. Public highways are un- der the general supervision of the county courts, which divide their counties into road districts and appoint one overseer for each district. Commissioner of Highways. In each county where a road tax is levied, or where the county prisoners are worked upon* the public roads, the county court may appoint a suitable person, commissioner of public roads and highways, who supervises the work on the highways, or each political township may be a 68 DIGEST OF LEGISLATION road district, and the qualified electors thereof elect a town- ship road overseer to supervise the road work therein. Road Revenues. Statute 1904. Taxes. The county court of any county which does not require the full constitutional limit of five mills on the dollar to be levied for all county purposes, may levy for any one year a tax of not to exceed three mills on the dollar for road purposes when authorized by a majority of the electors. District bonds. Acts 1907. Act 247. When authorized by a majority of the owners of real property in any county or part ' thereof, the county court of any such county may create a road improvement district, and bonds may be issued to pay for the construction of permanent roads therein. 1 Statute Labor. Code 1904. All able bodied men of speci- fied ages are required to work on public highways within their township, not more than five days in any one year, or pay one dollar for every day of required labor. 2 Convict Labor. Statute 1904. In case the judge of the county court is unable to make a contract with any person for the em- ployment of county prisoners, then he may order the prisoners to be worked on the public roads. FLORIDA. Organisation. G. S. 1906. The county commissioners are in- vested with the general superintendence of the public roads, and each commissioner's district is a road district. Road commissioners. The county commissioners appoint three suitable persons in each district as commissioners of roads and bridges, who lay off the roads in their districts and in turn appoint overseers of each road subdivision. County Superintendent. The county commissioners may ap- point a county road superintendent to supervise and direct the building and maintenance of all public roads in the county. Road Revenues. G. S. 1906. Special .tax. In any county J Many counties are operating under special laws and therefore the pro- visions regarding bonds issues vary in the different counties. ^Section 7270. The county court at its October term may, in its dis- cretion, increase the days of work for the ensuing year to a number not greater than ten. STATE GOOD ROADS SYSTEMS 69 the county commissioners may levy a special tax for road pur- poses, not to exceed five mills on the dollar on all real and personal property. Improvement fund. G. S. 1906. All lands granted to the state under the act of congress of 1850, known as the "Swamp- Overflow act," must be sold and the proceeds thereof appor- tioned among the counties in proportion to their assessed valu- ations, the proceeds to be expended in the 'building of improved roads. Laws of Florida, 1909, Chapter 5884. In counties not con- structing paved, macadamized or hard surfaced roads, the county commissioners may levy an additional road tax not to exceed three mills on the dollar on real and personal prop- erty to be used solely for the purpose of constructing roads. Statute labor. Laws of Florida, 1907. Every able bodied male person, not exempt by law, is liable to do work on the public roads not exceeding eight days per annum. Convict Labor. G. S. 1906. All persons confined in the county jail under sentence may be worked on the roads of the county. GEORGIA. Organization. Code 1895. The public roads are under the. jurisdiction of the ordinaries of the ordinary courts in their re- spective counties. They divide their respective counties into road districts and apportion the labor and expenses equally among them. Road commissioners. The ordinary of the ordinary courl- appoints three commissioners for each road district for a term of two years, who in turn appoint road overseers. The road commissioners inspect public roads and bridges within their districts. The overseers superintend the work on the roads. Road work that cannot be done by the hands subject to road labor may be done by the county chain gang, by contract, or otherwise as the county authorities may deem best. Alternative road system. The system known as the Al- ternative road law" may be adopted by any county on the recommendation of the grand jury thereof. Under this sys- 70 DIGEST OF LEGISLATIpN tern the officers who have charge of county matters appoint a superintendent of public roads and necessary overseers, guards and officers. Who subject to road duty. Section 5744. Able bodied male citizens, not exempt by law, are liable to road duty, not ex- ceeding ten days, or a payment of fifty cents per day in lieu thereof. The county authorities may improve and repair the pub- lic roads as follows : 1. They may work a chain gang of convicts and those who do not pay the commutation tax. 2. They may have the roads worked by contract, if the contractors are required to employ the chain gang, and those who do not pay the commutation tax, and to pay for the same. 3. They may combine all the said methods. Road Revenues. County tax. The commissioners of roads and revenues or the ordinary may levy a tax of not more than twenty cents on each one hundred dollars of taxable property, and said tax together with the commutation tax, is known as the public road fund. Statute labor. All able bodied male persons of specified ages are subject to work on the public highways, not exceeding fif- teen days in a year, unless exempt by law. The guards and con- victs of the penitentiary are required to do road work, but may be exempt by the payment of one dollar for each day required to work. Convict Labor. A chain gang consisting of the misdemeanor convicts of the county, or convicts obtained for hire from any other county, may be worked upon the roads. INDIANA. Organization. Generally the control of highways vests in the county commissioners and the township trustees. The latter appoint a supervisor over each of the road districts within the township. Road Revenues. Tax. A tax of thirty cents on each one hundred dollars valuation is levied annually by the township trustee. An additional tax of ten cents may be levied for STATE GOOD ROADS SYSTEMS 71 bridges if agreed to by the board of county commissioners. A tax of ten cents upon each one hundred dollars of assessed valuation may be levied for every ten miles of gravel or stone road, by the county auditor upon all the taxable property of the county for the repair of the same. Bonds. Bonds of the county may be issued for road purposes not exceeding four per cent of the assessed valuation of the county. Statute labor. The poll tax may be worked. The town- ship trustee with the approval of the county commissioners, may levy a property road tax which may be worked out. IOWA. Organization. County supervisors. Code 1897. The board of county supervisors has 'general supervision of the roads in the county. Township supervision. Code 1907. Road districts. Each township in every county is a road district, but the board jpf township trustees, on petition, may divide the township into two or more road districts. The electors thereupon elect a road superintendent for their district for a term of two years. Under the one district plan the board 'of trustees direct the expenditure of the road fund, let by contract the work on the roads, or appoint not to exceed four superintendents of roads to oversee the road work. The road superintendents 'direct the work on the roads and report twice a year to the township clerk. Improvement districts. A highway improvement district may be formed by the county board of supervisors on the petition of residents owning a majority of the acres of the land therein. The road work in the district is let by contract and is under the supervision of a competent engineer. Road Revenues. Laws of 19 1 09, chapter 97. County road fund. The county supervisors may levy a tax of not to exceed one mill on each dollar of the assessed value of all taxable prop- erty in the county. On a petition of a majority of the free- holders of any township the board of supervisors may levy 72 DIGEST OF LEGISLATIpN an additional mill in said township, to be expended by the board on the public roads therein. The county board may levy an additional tax of not more than one mill for the drainage of highways. Section 7, chapter 95. Fifty per cent of the cost of con- structing roads within the permanent road districts is levied on the abutting property. Township road fund. Code 1907. The township trustees of each township may levy a tax of not less than one mill nor more than four mills on each dollar of the township assess- ment. Statute labor. In townships under the one district plan the property road tax must be paid in cash, and in the others all able bodied men, not exempt by law, are required to per- form two days' labor on the public highways. Convict Labor. Convicts may be required to work upon the public roads. KANSAS. Organization. G. S. 1909. County engineer. In each coun- ty of the state of more than twenty thousand inhabitants coun- ty commissioners appoint an engineer of highways who has supervision of all the " highway and bridge work in the county. In any county in the state having less than twenty thousand inhabitants, the board of county commissioners may appoint a county engineer of highways. The engineer inspects the road work, classifies roads, col- lects information relative to road materials, and prepares plans and specifications. The county surveyor may be county en- gineer if competent. Roads may be improved by the county commissioners and a superintendent of the work appointed by them, when sixty per cent of the abutting land owners petition to this end. Sev- enty-five per cent of the expense is borne by the land owners, and twenty-five per cent by the township. If the road is of general importance, the county may pay a portion of the ex- pense. Township organization. G. S. 1909. The township board are STATE GOOD ROADS SYSTEMS 73 commissioners of roads and highways in their townships, and all roads are under their control, subject to the authority of the county engineer. Road Revenues. County tax. The county commissioners may levy an annual road tax of not to exceed three mills on the dollar, except on real estate in cities of over two thousand population. Township tax. The county commissioners levy a tax of not more than one mill on the dollar on all property in each town- ship. The township board may levy a road tax, not to ex- ceed three mills on the dollar, to improve the roads in the township. The board may have the road work done by con- tract. Good roads tax. A tax of not more than one mill on the dollar for a period of not less than five years, may be levied by the county commissioners after a majority of the voters of the county have approved of the same. This tax is expended for the construction of other than dirt roads only. A special assessment must be made for twenty per cent of the entire cost of constructing permanent roads on all lands situated .within one-half mile on each side thereof. Bonds. County bonds may be issued in amount not to ex- ceed said twenty per cent of the contract price, and the funds for the redemption of the same come from the assessment of said lands. Statute labor. All male persons, not exempt I>y law, pay a road poll tax of three dollars, or, in lieu thereof, work two days on the public highway. All taxes assessed for the purpose of maintaining a'nd con- structing public highways must be paid in cash. Convict Labor. County prisoners may work out fines and costs on the public highway. KENTUCKY. Organisation. Statutes 1894. The fiscal court of each county has general charge and supervision of the public roads and bridges therein. 74 DIGEST OF LEGISLATION The public roads are maintained either by taxation or by hands allotted to work thereon. Road precincts. The judge of each county court divides his county into read precincts, and allots all citizens liable to work therein. For each precinct he appoints a resident over- seer who has charge of the road work. In counties wherein the roads are worked by taxation it is the duty of the overseers to assist the county supervisor, if there is one, and to look after the roads in their respective precincts. Supervisors. The fiscal court of any county where the roads are worked by taxation may appoint a county super- visor who lets to the lowest bidder the working and keeping in repair of all roads in the county for a term of not less than one year nor more than four years. He also inspects all road work and may hire hands to do the work under his own supervision instead of letting the same on contract. Road Revenues. Laws of 1908, chapter 26. County tax. The fiscal court has power to levy a tax for road and bridge purposes of not exceeding fifty cents per year on each one hundred dollars of assessed valuation, and also a per capita tax of not exceeding one dollar and fifty cents on each male person twenty-one years of age or more. The fiscal court of any county may require all male citi- zens, not exempt by law, to work on the roads not exceed- ing six days in the year. Delinquent taxpayers must work out their road taxes. Laws 1908, chapter 42. Convict Labor. Statutes 1894. All male persons confined in county jails or work houses under sentence at hard labor may be worked on the public highways. LOUISIANA. Organisation. Acts 1902, Acts Nos. 202, 203, Road districts. The public roads are under the jurisdiction of the police juries. The police juries divide their parishes into districts, for each of which they appoint an overseer of roads. 1 1 Police juries in Louisiana correspond to boards of county commission- ers or county courts in other states. STATE GOOD ROADS SYSTEMS 75 Road Revenues. Laws of 1906. Act No. 95. For the pur- pose of paving and improving roads, a municipal corporation drainage district, or parish, may submit to a vote the ques- tion of levying a special tax for issuing bonds therefor. Taxes. Such special tax may not exceed five mills on the dollar of the assessed valuation in any one year. 2 Bonds. Negotiable bonds may be voted upon not to exceed one-tenth of the assessed valuation of the property within a municipal corporation, drainage district or parish. Statute labor. Acts 1902, Act No. 203. All male persons, not exempt by law, are required to perform work upon the* high- ways, or in lieu thereof pay one dollar for each day required to work. MONTANA. Organization. Revised Code 1907. Road districts. The board of county commissioners of the counties of the state have general supervision over the highways. They divide their counties into suitable road districts and appoint supervisors for the same. The road supervisors take charge of the highways and direct the road work. Contract work. The county commissioners may let out by contract the construction and improvement of highways and bridges when the amount of the work to be done exceeds two hundred dollars. Road Revenues. There is levied and collected on the tax- able property in each county not less than one mill, nor more than three mills, for road purposes ; also a special tax of two dollars on every man over the age of twenty-one years and un- der fifty years. All moneys so collected constitute the general road fund Statute labor. A special road tax of two dollars may be paid by one day's labor on the roads. 2 An amendment to the state constitution will be voted upon in No- vember, authorizing the collection of one-fourth of one mill on the as- sessed value of all property in the state for creating a road fund to construct and maintain public roads of the state. 76 DIGEST OF LEGISLATION MISSISSIPPI. Organisation. Code 1906. Each county is divided in'o five districts for the election of members of the board of super- visors. The supervisor of each district has general super- vision over the public highways therein. The supervisors of each county divide the county into road links and appoint one overseer for each link to have charge of the road work. Road commissioner. The board of supervisors of each county may employ a competent person to serve as county road and bridge commissioner. Contract work. The board of supervisors of any county may work the public roads by contract. Road Revenues. Road fund. In addition to the commutation tax, a property tax not exceeding three mills is levied on all taxable property within the portion of the county that is worked by contract An additional tax upon all taxable property in the county not exceeding one mill on the dollar may be levied. 1 Bonds. For refunding any outstanding indebtedness, bonds may be issued by the board of county supervisors to an amount which, added to all its bonded indebtedness, may not exceed five .per cent of the assessed valuation of the property of the county. Macadamized roads. If petitioned, the county supervisors may authorize a road to be macadamized or otherwise per- manently improved. One-third the cost of building such roads must be borne by the lands benefited, and the petition must be signed by the owners of at least three-fifths of the lands bor- dering on the road. Statute labor. Code 1906. All male persons not exempt by law are required to work on the roads not exceeding ten days, or pay in lieu thereof, five dollars. Convict Labor. Code 1906. The county board of super- visors may require convicts to work on the public roads, and may make contracts for that purpose. 1 One-half of the taxes collected within a municipality are returned to the street fund of the same. STATE GOOD ROADS SYSTEMS 77 MISSOURI. Organisation. Laws of 1909. The county court of each county not under township organization has general super- vision over the public roads and it may divide the same into road districts with a road overseer for each. County engineer. The county court appoints a county high- way engineer, who may also be the county surveyor, and who inspects and supervises the highways of the county. Township organization. Laws of 1909. In counties under township organization, the highways are under the general supervision of the county courts. The county engineer has direct supervision over all the pub- lic roads in the county, and over the road overseers of the townships Road Revenue. Laws of 1909, page 768. State fund. All moneys accruing to the state from any levy for road purposes constitutes the general state road fund. This fund must be used for the construction of permanent roads only. 1 State aid. For the construction of permanent roads, the state pays one-half, the citizens may pay one-fourth, and the county or district (or city) may pay the remaining fourth. The apportionment of the fund is based on the assessed valu- ation, but no county may receive more than three per cent in a year. The county courts may levy a tax of not more than twenty cents on each one hundred dollars valuation as a road tax. .Special road and bridge fund. A special tax, not exceed- ing twenty-five cents on each one hundred dollars valuation, may be levied in counties not under township organization, for road and bridge purposes. Township tax. The township board may levy a tax for road purposes of not to exceed twenty-five cents on the one hun- dred dollars valuation. County bonds. If two-thirds of the votes cast at a special election are in favor of the proposition, bonds must be issued X A constitutional amendment will be submitted to the voters of the state, authorizing a state tax of five cents on the one hundred dollars assessed valuation to be levied and collected on all taxable property. 78 DIGEST OF LEGISLATION by the county court, but the aggregate indebtedness of the county after the issuing of said bonds must not exceed five per cent of the assessed value of all property in the county. Special road districts may be formed and may issue bonds. Statute labor. The county court in all counties not under township organization may levy, upon all persons not exempt by law, poll tax of not less than three, nor more than six dol- lars. This tax may be worked out at the rate of fifteen cents per hour. NEBRASKA. Organization. Statutes, 1909. County board. The county board has general supervision over the public roads. It di- vides the county into road districts. The roads in these dis- tricts are under the supervision of overseers. Federal aid. Whenever any county desires federal aid, the county commissioners appoint some person chief of 'highways, who makes application to the Bureau of Public Highways at Washington. Federal inspection. Roads improved by federal aid must be inspected by a federal officer. Improvements, how paid for. One-half the cost of such im- provements shall be paid by said federal aid, at least one- fourth by the residents of the district improved, and the re- mainder by the county. 1 Road Revenues. County levy. For roads, the levy may not exceed five, and for bridges, four mills on the dollar. Special tax. County commissioners may levy a special tax not exceeding five mills on the dollar to pay outstanding road warrants. One-half of all moneys collected constitutes the county road fund, and is equally divided among the several commissioners' districts; the other half constitutes a district road fund, and is expended in the road district from which it was collected. Road improvement levy. On the petition of interested parties, the county board may levy a tax on the property in such road 1 It is not clear how federal aid is given or obtained. STATE GOOD ROADS SYSTEMS 79 district, township or precinct, for road improvement purposes. The petition may specify the levy. Township rate. The rate of taxes in townships for road purposes may not exceed ten mills on the dollar, for roads, and not more than two mills on the dollar for bridges. Statute labor. Sections 6102-6103. In case of sudden emer- gencies, the road overseer may call out any able bodied man under fifty years of age, in his district, to work on the high- ways. Poll tax. Every male inhabitant, unless exempt by law, must pay a poll tax of two dollars and fifty cents. This, and all other road taxes, must be paid in cash. NEVADA. Organisation. All public roads are under the control of local overseers, and the board of county commissioners. Road inspectors. The county commissioners may appoint one road inspector for each road district into which they have di- vided the county. Contract. When the cost of any contemplated road work exceeds one hundred dollars, the work must be let out on contract. Road Revenues. County fund. The commissioners may levy a tax not to exceed two and one-half mills on -all taxable property of their county, for highway purposes. When petitioned by a majority of the property holders of any district, the county commissioners may levy a tax not to exceed three dollars upon each one thousand dollars valua- tion therein, to be used, for road purposes within the district. This tax may- be worked out Poll tax. Each male citizen, unless exempt by law, is re- quired to pay a poll tax of three dollars for the use of the state and county. NORTH CAROLINA. In this state the road laws vary in the different counties. (Laws 1909.) " Organization. Code 1905. The justices of the peace in each township supervise and control the public roads, and are 80 DIGEST OF LEGISLATION styled the board of supervisors of public roads of such town- ship. The boards of county commissioners have general super- vision of roads in counties. The township board of supervisors divides the township into road districts and appoints road overseers to superintend the road work therein. Road Revenues. County tax. The county commissioners levy taxes for all county purposes. The taxes so levied must not ex- ceed double the state tax, without legislative sanction. Under this limitation, the levy of taxes for road purposes is left en- tirely to the board of county commissioners. Statute labor. All male persons not exempt by law are required to work on the public roads not to exceed six days in any one year. 1 Personal labor may be commuted by the payment of one dollar for each day required to serve. Convict Labor. The county commissioners, or counties jointly, may work the county convicts on the public roads. The state prison authorities must furnish not exceeding twenty-five state prison convicts, if requested by the county commissioners, to work on the public roads. NORTH DAKOTA. Organization. Code 1905. The highways are built and re- paired under the direction of township road overseers, or, in counties not under township organization, the county commis- sioners divide each county into road districts and appoint a supervisor over each. Road Revenues. Road and bridge fund. In each county hav- ing a population of two thousand or more, a tax of not less than one mill on each dollar of taxable valuation, except in incorporated cities and villages, may be levied for road and bridge purposes. The road tax may not exceed five mills, nor the bridge tax two mills on the dollar. 1 A number of counties have abolished statute labor and require the payment of road taxes in cash. Most counties are under special laws Tiassed hv the PPllPral nccpmHI-u- by the general assembly. STATE GOOD ROADS SYSTEMS 81 Statute labor. This tax may be worked out at the rate of one dollar and fifty cents per day. Township levy. A township road tax, not to exceed eight mills, and a bridge tax not to exceed two mills on each dol- lar of assessed valuation, may be levied by the electors at the annual township meeting. This tax may be worked out unless the township lets the building or grading of roads on con- tract, when this tax must be paid in cash. (Section 3210.) Poll tax. Every male inhabitant, not exempt by law, is re- quired to pay a road poll tax of one dollar and fifty cents. This tax may be paid by one day's labor on the road. OKLAHOMA. Organisation. The county commissioners have general super- vision of county roads. The township board has general super- vision of the roads thereof, and the members are known as high- way commissioners. Road districts. The township highway commissioners divide the township into road districts and appoint supervisors to. take charge of the road work. County engineer. The board of county commissioners of racrh county in the state may appoint a civil engineer and resident of the county as county engineer, who serves for one year. . He inspects and superintends all road work within his county. . Improvement districts. Road improvement districts consist-- ing of not less than eighteen square miles in area may be' created in any county upon a written petition signed by fif- teen per cent of the qualified electors of the proposed district.. Seventy-five per cent of the cost of road improvement tnersina is borne by the district and twenty-five per cent by the county. Road Revenues. Compiled Laws 1909. Road and bridge tax. The township board may levy a general road and bridge tax not to exceed five mills on the dollar. County bonds. County bonds for road purposes may foe is- sued not in excess of two per cent of the assessed valuation of the county if three-fifths of the electors vote in favor of the proposition. Township bonds. Upon the approval of three-fifths of the 82 DIGEST OF LEGISLATION} voters of the township at an election, the township board may issue bonds not to exceed three per cent of the assessed valu- ation of the township, for highway improvement. To provide a sinking fund for the payment of these bonds, a special tax may be levied. Statute labor. Laws 1910. Every male citizen, not exempt by law, is subject to four days' work upon the public high- ways, or, in lieu thereof, a payment of five dollars. Convict Labor. Compiled Laws 1909. The board of prison control is authorized to provide for the working of convicts on the public roads. Convicts are maintained at the expense of the county, and are distributed equitably among the judi- cial districts of the state, the roads to be worked being desig- nated by the county commissioners. OREGON. Organization. General Laws 1903. The public highways are under the general supervision of the county courts The court divides the county into a convenient number of road districts and appoints a road supervisor over each district to have charge of the road work. County road masters. The county court may appoint a road master or masters, who must devote his whole time to the mat- ter of roads and bridges. The road work is done by contract or hired labor. Road Revenues. Laws 1909. County road fund. The county court or commissioners' court may levy a tax for road purposes of not to exceed ten mills on the dollar. Fifty per cent of the money so collected is equitably ap- portioned among the several road districts. This tax must be paid in cash. Special levy. The taxpayers of any road district may vote for an additional levy for road purposes, at a meeting held for that purpose by at least ten per cent of said taxpayers. Poll tax. General laws 1903, page 275. Every male inhabi- tant between the ages of twenty-one and fifty years must an- nually pay a cash road poll tax of three dollars. STATE GOOD ROADS SYSTEMS 83 SOUTH CAROLINA. Organisation. Code 1902. The supervision and control of roads varies in the several counties of the state In most coun- ties the supervision is vested in the board of county commis- sioners and the county supervisors, while in others the town- ship board of commissioners has concurrent jurisdiction. The township board in the last mentioned counties, with the approval of the county commissioners or the supervisors of the county, divides the townships into a suitable number of road districts, and appoints an overseer for each district. In the first mentioned counties the county commissioners divide the highway into suitable sections, and appoint one over- seer for each section. Contract work. Certain counties have been authorized by the general assembly to adopt the contract system of working the roads. (Laws 1909, No. 100.) Road superintendents. These counties are authorized by law to employ superintendents and engineers to lay out and plan the road work. 1 Road Revenues. Taxes. The county or township boards of commissioners may levy a road tax not to exceed one mill on the dollar unless an additional levy is authorized by law. Special tax.. Laws 1904, No. 216. When the electors of a township vote for a special road tax, the township board may levy the same, but not to exceed two mills on the assessed valuation of the township. Statute labor. Laws 1904. All male persons not exempt by law, are required to perform labor on the public highways for such number of days, not less than two nor more than eight, as may be fixed by the county commissioners. 2 This tax may be commuted by a cash payment at a rate fixed by the county commissioners, but not less than one nor more than three dollars per day may be required. Convict Labor. Code 1902. The county supervisors may em- ploy county chain gangs on the public highways. x Code 1902 , section 1381. Any county may adopt the contract system. But most counties operating under this system are under special laws. 2 Laws 1909, No. 100. The age limits vary in the several counties. In some, all taxes including the labor tax, must be paid in cash. 84 DIGEST OF LEGISLATION' SOUTH DAKOTA. Organization. Code 1903. The county commissioners have general supervision of the highways. In counties under township organization, the township su- pervisors have supervision of the roads within their respective townships. (Laws 1907, chapter 162.) In counties not under township organization, the commis- sioners divide the county into a suitable number of road dis- tricts and appoint a road supervisor for each district. Road Revenues. County tax. The board of county com- missioners may levy a tax for county roads not to exceed two mills on the dollar. Township tax. The township board may levy a road tax of not to exceed fifty cents on each one hundred dollars valu- 'ation But no tax for highway labor and road purposes may exceed the amount voted to be raised at the annual town meet- ing Statute labor. Road taxes may be paid by labor unless the township has adopted the cash system. The road work in any township which has adopted the cash system is let out on con- tract. (Laws 1909, chapter 162.) Poll tax. Every male person between the ages of twenty- one and fifty years, unless exempt by law, is subject to a poll tax of one dollar and fifty cents which must be paid in money or by one day's labor on the public roads. TENNESSEE. Organisation. Acts 1909, chapter 561 State Highway Com- mission. A state commission on public roads is created, con- sisting of three members appointed by the governor, one from each grand division of the state, for a term of three years and without compensation. The commission investigates the work of the United States government in the matter of public roads and reports at each session of the General Assembly, giving the results of its in- vestigations, together with such recommendations as may seem proper. Local organization and supervision of highways vary in the STATE GOOD ROADS SYSTEMS 85 different counties. In general, the county court elects a road commissioner of the county, who has general supervision over the public highways. Contract. All highways in the state are worked by con- tract. The contractor has the benefit of the road hands as- signed to his section, and is entitled to the commutation money of such as choose to commute. Road Revenues. Acts 1899, chapter 368. County tax. The county court may levy a tax for road purposes, of not less than five, nor more than forty cents on the hundred dollars valuation. One-half the labor and one-half the money paid in commu- tation of labor, and one-half the road fund raised by taxation, belonging to any road district, must be used for the "construc- tion of permanent roads. (Laws 1903, chapter 242.) Statute labor. All male residents, not exempt by law, are required to work on the roads not less than foul nor more than eight days in any one year, as may be fixed by the county c'ourt, or, in lieu thereof, pay seventy-five cents per day. Convict Labor. Acts 1899, chapter 358. Prisoners confined in the county jails may be worked under contract on the. pub- lic roads. TEXAS. Organisation. Code 1899. The county commissioners have general supervision over the highways. Each commissioner is supervisor of roads within his precinct. The commissioners' court divides the county into precincts and appoints overseers to supervise the road work therein. Road Revenues. Code 1899. Taxes. The county commis- sioners may levy and collect taxes for all purposes. County bonds. General laws 1903, chapter 4. The county commissioners may issue bonds for road and bridge purposes, provided a majority of the voters of the county favor such issue. Statute labor. Statutes, 1899. All male persons, not ex- empt by law, are required to work on the public highways not 86 DIGEST OF LEGISLATION exceeding five days each year, or in lieu thereof pay one dol- lar per day. Convict Labor. County convicts must be -put to work upon the public highways if they cannot be utilized in the work house or on the county farm. UTAH. Organization. State Aid. Compiled Laws 1903. Sec. 1143X. When the county commissioners decide to improve a portion of the state highway system permanently, they notify the state engineer, who prepares plans and specifications and estimates of the cost. He also passes on the contract before it is let, and if he approves of the whole the state becomes liable for one-half of the cost of the work. The county commissioners have general supervision over the public highways. They divide their respective counties into a suitable number of road districts and appoint, biennially, super- visors therefor. They may also appoint a county road commis- sioner biennially. He takes charge of the public roads and pre- pares plans and specifications of road improvements Laws 1909, chapter 118.) Road Revenues. Code 1907. No tax is levied specifically for road purposes, but the county commissioners may appropriate such sums therefor as they deem necessary. County bonds. The county commissioners may issue bonds for road purposes when a majority of the legal voters, paying a property tax, favor such issue. Special districts. Laws 1909, chapter 180. County commis- sioners may divide their counties into special tax districts for the purpose of constructing permanent roads and may levy a special road tax therein. The property so taxable is divided into three equal sections. The first section lies adjacent to the said road and bears fifty per cent of the cost thereof. The middle section bears thirty per cent, and the section most remote from the road bears twenty per cent of the special tax. 1 ^The sections herein referred to embrace corresponding divisions on 1 e ^ * " conty each wa to a STATE GOOD ROADS SYSTEMS 87 Statute labor. Poll tax. An annual road poll tax of two dollars is levied upon persons not exempt by law, and must be paid in cash. (Laws 1907, Chapter 118.) Code 1907. Any county road designated by the county com- missioners and approved as such by the state engineer, may be- come a part of the state system of highways. The state legislature makes special appropriations for road purposes. Manual on Road Building. The state enginner prepares a manual on road building for free distribution among the sev- eral county supervisors for the promotion of uniformity in road building. WISCONSIN. Organisation, County commissioner of highways. The county board elects a county road commissioner, who must be a competent engineer or road builder. He has general super- vision of all county roads. Town superintendent. The board appoints a town superin- tendent of roads, who has general supervision of the highways therein. Statute labor. Poll tax. Every able bodied man, not ex- empt by law, is required to pay a road poll tax of one dollar and fifty cents. This tax may be worked out. Road Revenues. Laws 1909. Town tax. A highway tax of not less than one nor more than seven mills on the dollar is assessed annually in each town or superintendent's district. An additional levy of not to exceed fifteen mills on the dollar may be levied if the same has been authorized by a vote of the town meeting. 1 Town bonds. The town board may issue bonds, not ex- ceeding five thousand dollars in the aggregate, for road build- ing. County tax. The counties may levy a tax of not to exceed two mills for the purpose of building county roads. County bonds. County bonds may be issued for road pur- 1 These taxes may be worked out unless the town board has adopted the cash system. DIGEST OF LEGISLATION poses not to exceed, at one time, one per cent of the total as- sessed valuation. Special tax. The electors of any town at the annual meet- ing may vote a special highway tax of not less than one-half or more than one mill on the dollar of the assessed valua- tion. This tax must be collected in money and used only for the construction and improvement of permanent highways. County aid. In the construction of such permanent roads, the towns are aided by the county to the extent of one-half the .cost The county tax for this purpose may not exceed three- fourths of one mill on the dollar of assessed valuation. WYOMING. Organization. Compiled statutes 1910. All county roads are under the supervision of the county commissioners. Road Districts. Supervisors. The county commissioners may divide the county into as many road districts as they may deem practicable, and a supervisor is elected for each district. In case the county is not divided into road districts, a county supervisor of roads is elected by the voters of the county. Road Revenues. For county revenue or all purposes there is levied annually a tax of not to exceed twelve mills on the dollar. From the general fund so collected the county commis- sioners appropriate money for road purposes. Statute labor. Poll tax. The county commissioners may an- nually levy upon each able bodied man, not exempt by law, a special poll or road tax of two dollars. This tax may 'be paid by one day's labor on the highways. Convict Labor. County convicts may be put to work upon the highways and streets. STATE GOOD ROADS SYSTEMS 89 APPENDIX I. The State Highway Department. How constituted. The state department consists of one sal- aried commissioner or engineer appointed by the governor or elected by the people for a definite term in Connecticut, Dela- ware, Maine, Michigan, 1 New Hampshire, 2 New Jersey, Ohio, Pennsylvania Vermont and West Virginia. It consists of salaried commissioners three in number, except in Maryland where they are five, in Colorado, Maryland, Mas- sachusetts and New York. 3 It consists of unsalaried commissioners appointed by the gov- ernor for a given term and having only general supervision of the work, which is done by a secretary who is a civil engineer, or an engineer, in Illinois, Minnesota, Rhode Island and Ten- nessee. It consists of an ex-ofificio board, sometimes, but not always, comprising the heads of engineering schools or departments of a non-political nature, in California, Idaho, New Mexico, Virginia and Washington. 4 Powers and Duties. The state highway department must prepare or approve the plans and specifications of highways to be improved at the ex- pense or by the aid of the state, and supervise the work of construction in all states granting state aid. It passes upon contracts for highway improvement by the aid of state funds before the same are finally let or itself lets the same, in California, Colorado, Connecticut, Miaine, Mary- land, Massachusetts, Minnesota, New Hampshire, New Jersey, a Elected by the people. 2 Appointed by the governor and council. 3 The special legislative committee on highways for Wisconsin recom- mends this type of commission. Report 1910, p. 13. 4 The Model Bill prepared by the department of Public Roads, Wash- ington, D. C. , recommends this form of commission as most likely to remain free from political influences. 1 90 EUGEST OF LEGISLATION New York, Ohio, Pennsylvania, Rhode Island, Vermont and Washington. It selects or approves the selection made by the local au- thorities of roads to be permanently improved wholly by state funds or by state aid in California, Colorado, Connecticut, Maine, Maryland, Massachusetts, Michigan, New Jersey, New York, 1 Ohio, Pennsylvania, Rhode Island, 2 Vermont and Wash- ington. Members. Qualifications 1. Qualified electors in Rhode Island. 2. One commissioner must be a civil engineer in New York. J\ T on-partisan. No more than two members of the commission may be- long to the same political party in Illinois, Minnnesota and New York. No qualifications prescribed in California, (ex officio) Colorado, Idaho, Illinois, Maryland, Massachusetts, Minne- sota and New Mexico. 'Both state and county highways are selected by the state commission. 2 Selection must be approved by the general assembly before the work of improvement is completed. STATE GOOD ROADS SYSTEMS 91 s .2 11 I !P* - C fl ill k 3 2 ftO 3! M ' :S ual Sta ropriati :S Total Sta A ppropria **ES ill If ll 03 C O J2 JS C.!:^^ fc^tZ O CL, CeJ t> t> S KJ 92 DIGEST OF LEGISLATION .25 i HI m 1 if J n * ;"; I& su (y _j_j . *j Q) I O O CrS S 5 o3 s s a s s II 1 1? mi i-l CM CO.*. a^ O -JM IP JS J^?J STATE GOOD ROADS SYSTEMS 93 APPENDIX II. LOCAL BONDS. The following states not granting state aid in highway con- struction, have given the counties, townships or road districts power to issue bonds "for the permanent improvement of wagon roads : Arkansas, Indiana, Kansas, Louisiana, Mississippi, Missouri, Oklahoma, Texas, Utah and Wisconsin. Of the states improving highways wholly or partly at state expense, the folowing have given the localities power to issue bonds for the construction of roads: California, Colorado, Connecticut, Idaho, Illinois, Michigan, Minnesota, New Jer- sey, New York, Ohio, Pennsylvania, Vermont, Virginia, Wash- ington and West Virginia. APPENDIX III. COST OF BUILDING ROADS. The following table has been inserted because of the in- sistent demand for some figures relating to the actual cost of building roads of different materials. The practical' difficul- ties in the way of obtaining statistics that mean anything, are so clearly apparent as not to need an extended enumeration. Everything depends upon local conditions and the cost there- fore varies in different localities of the same state. The ex- cavation per mile, the location of the material and the freight thereon, the prevailing rate of wages, the width of the road, the difficulties of drainage, the thickness of the metal and the methods used in putting it on, are some of the elements en- tering into the items of cost that vary in every locality. More- over, statistics have not been kept and published except in a few states, and in these the method of reporting is quite in- complete and unsatisfactory to the student at a distance. Some of the figures given below have been obtained from published reports of state highway departments, while others have been secured by correspondent with engineers or state highway au- thorities. DIGEST OF LEGISLATION V til CO ooo -*cooo -oo 'ia?oio * CO O CO O 00 W O O CO W < J 3 I a; S **tHO O 00 * * -i-IO3C<8C4Z>i-ICOCO 0 10 CO S 10 . . . . '. '. w .s s^. 60- .'.'.'.I',''' 6 U 3 go> o o : : : s 'S cd M CO Oi U5 OJ ^ * .' I * Miles Improved f 50IOW -00 Ol!|>0 lOtoOOOO l> OT ' e<5 5 M '00 ^.O-rHiO OOOCO CO CO 04 wo : : ^ v : *S : : : ::.::::::::::: ::::::::::: 'ft ' v '. '.'.' ',',. ' ' ' '.'''. G . . . ' . .' ' ' ' ' o . ... : :8 . : : : : : : : ' : : . : : : : "rt s '... s .' ~ : : : :^ : :::*:-:: '. . M. \ \ I : j ( t| rH ^* CO *' 1C CO t^ 00 O o' i ' c! STATE GOOD ROADS SYSTEMS 95 S 6 lO >* 'OOOOOCSt-COOOO 02 co co o 10 o m CO 00 M CO CO CO CS O O O C- O r-l 00 m l App *Ob 96 DIGEST OF LEGISLATION APPENDIX IV. STATE AID OR TOTAL STATE EXPENDITURE FOR HIGHWAY PURPOSES BY YEARS SINCE POLICY WAS ADOPTED. ILLINOIS NEW JERSEY Continued. Year Amount Year Amount 1905 $ 25,000.00 1895 100,000.00 1906 25,000.00 1896 100,000.00 1907 50,000.00 1897 100,000.00 1908 50,000.00 1898 100,000.00 1909 65,000.00 1899 150,000.00 1910 65,000.00 1900 .... 150,000.00 1901 150,000.00 MAINE 1902 250,000.00 1902 1903 1904 1905 1906 1907 1908 15,000.00 40,000.00 40,000.00 40,000.00 50,000.00 70,000.00 131,577.00 1903 ... 1904 1905 . , 1906 .... 1907 1908 .... 1909 250,000.00 250,000.00 285,000.00 400,000.00 250,000.00 300,000.00 300,000.00 1909 1910 142,757.00 321,159.00 NEY YORK 1898-1909 11,000,000.00 MICHIGAN 1906 20,000.00 1907 50,000.00 1905 10,000.00 1908 100,000.00 1906-1907 300,000.00 1909 150,000.00 1908 440,000.00 1910 140,000.00 1909 486,577.75 1910 .... 586.654.00 MINNESOTA. PENNSYLVANIA. 1907 1908 1909 54,000.00 56,000.00 75,000.00 1903-1904 1904-1905 1905-1906 500,000.00 500,000.00 1,250,000.00 1905 1906 1907 1908 NEW HAMPSHIRE. 125,000.00 125,000.00 125,000.00 125,000.00 1906-1907 1907-1908 1908-1909 1909-1910 1910-1911 1,250,000.00 2,000,000.00 2,000,000.00 1,000,000.00 1,000,000.00 1909 , 375,000.00 VIRGINIA NEW JERSEY 1907 1908 66,000.00 99,800.00 1892 20,661.85 1909 329,800.00 1893 71,237.22 1910 *234,800.00 1894 74,696.03 *Plus auto tax. THIS DATE AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE THE PPNIAI - "AY" AND* TO"' T 5 CENTS N ** OVERDUE. $I ' N THE SEVEN TH DAY LD 21-100w-7,'39(402s) Binder Gaylord Bros. Makers Syracuse, N. Y. PAT. JAN 21, 1908 583980 N UNIVERSITY OF CALIFORNIA LIBRARY