106 AMERICAN ROAD CONGRESS now, but I do not want to make you fellows feel ashamed of your- selves (great applause). CHAIRMAN PARKER: Gentlemen, you notice how much better tempered Mr. Terrace looks now. If he had all of that on his mind, I don't wonder (laughter and applause). HIGHWAY BRIDGES A. N. JOHNSON State Highway Engineer of Illinois As each State has taken up the problem of highway improvement, there have been found conditions and problems for which the experi- ence gained by States that had already studied the problem did not offer a complete solution. Thus it happened when the Illinois high- way commission understood the study of highway conditions in Illi- nois, they were confronted by the fact that a very large proportion of the money spent for road purposes was for the construction and maintenance of highway bridges, and that there existed among the local officials a desire for assistance in the construction of these struc- tures. The policy was therefore adopted of making a special study of highway bridges. The conditions found in Illinois applied so generally to a large num- ber of States, and the work of the Illinois highway commission in assisting and directing the construction of highway bridges proved of such benefit, that much attention has been attracted to this branch of highway work. The wide spread interest aroused, and the importance of highway bridges are readily understood, when we consider for a moment that the bridges are the essential links connecting many sections of road which would otherwise be absolutely useless. There are now in all sections of the country wide areas well traversed by roads which are much used, and over which practically all descriptions of country highway traffic pass. The mileage of such roads is so great as to preclude the immediate realization of their being covered with an improved, durable road surface. But in the meantime the use of these roads is such as to demand at present a class of highway bridges practically the same as would be demanded were these roads improved. Therefore, we find that the standard that should be adopted for high- HIGHWAY BRIDGES 107 way bridges is necessarily considerably in advance of the standard of road surface in the immediate vicinity; and that in fact the character of the bridge required is practically independent of the nature of the road surface leading to it. The first consideration in the construction of a bridge is the public safety, and its cost must be subservient to this requirement. The engineer far better rest under the criticism that he designed a bridge heavier than immediate needs may require, than to shoulder the responsibility of loss of life through an attempt to economize in the first cost of the structure. The number of bridges in use on our highways today in the well watered areas of the country makes their cost and maintenance a very large proportion of the amount that is raised by the taxpayers for expenditure upon the highway, and while exact data are lacking to show the precise amount relatively spent upon roads and bridges, it can be said in general that in those sections of the country where a majority of the roads is unimproved that the bridge expenditure will average from three-tenths to one-half the total amount raised for road and bridge work. It is evident that the more that is spent upon the roads proper and the higher the cost and standard of road surface maintained in a com- munity the less in proportion will be the bridge cost. And it is a fact that the States first taking up the question of road improvement were those where a greater proportion of money was spent on the road surface. Thus the cost of the bridges appeared relatively less, and did not present so large a portion of the road problem as has been the case with many States subsequently taking up highway work where a great majority of the roads are earth roads, on which but small sums per mile have been spent. When the attention of various State highway commissions was turned to a study of the highway bridges, it seemed to be almost universally noted that a vast majority of the structures now in use were poorly designed; at least a vast majority of the structures have been found to be inadequate to modern traffic conditions. Compara- tively few structures have been erected under proper specifications and design. In a majority of instances no engineer whatever had been retained by the local authorities putting up the various structures. In general the most adverse conditions were imposed, and the limited funds have made necessary the erection of the least expensive bridge possible. Through lack of funds, through competition, and AGRIC. DEPT, PAPERS, ADDRESSES AND RESOLUTIONS BEFORE THE AMERICAN ROAD CONGRESS PRICE SI. 00 TO RICHMOND, VIRGINIA NOVEMBER 20-23, 1911 PAPERS, ADDRESSES AND RESOLUTIONS BEFORE THE AMERICAN ROAD CONGRESS RICHMOND, VIRGINIA NOVEMBER 20-23, 1911 COPYRIGHT 1912 BY AMERICAN ASSOCIATION FOR HIGHWAY IMPROVEMENT. *? ** *2 * 7 COMPOSED AND PRINTED AT THE WAVERLY PRESS BY THE WILLIAMS & WILKINS COMPANY BALTIMORE, U. S. A. AMERICAN ASSOCIATION FOE HIGHWAY IMPROVEMENT COLORADO BUILDING, WASHINGTON, D. C. OFFICERS L. W. PAGE, Ptesident Director, United States Office of Public Roads W. C. BROWN, Vice-President President, New York Central Lines LEE McCLUNG, Treasurer Treasurer of the United States JAMES S. HARLAN, Chairman, Board of Directors Member, Interstate Commerce Commission J. E. PENNYB ACKER, JR., Secretary CHARLES P. LIGHT, Field Secretary Board of Directors MR. JAMES S. HARLAN, Chairman, Member Interstate Commerce Commission. MR. L. W. PAGE, Director, U. S. Office of Public Roads. MR. W. C. BROWN, President, New York Central Lines. MR. W. W. FINLEY, President, Southern Railway Company. MR. LEE McCLUNG, Treasurer of the United States. MR. L. E. JOHNSON, President, Norfolk & Western Railway Company. MR. ALFRED NOBLE, Past President, American Society of Civil Engineers. MR. B. F. YOAKUM, Chairman, Frisco Lines. MR. ARCHIBALD H. HUSTON, President, Ohio Good Roads Federation, MR. WALTER H. PAGE, Editor, World's Work. MR. LEONARD TUFTS, President, Capital Highway Association. MR. W. T. BEATTY, President, National Association of Road Material and Machinery Manufacturers. GEN. COLEMAN DU PONT, of Wilmington, Delaware. MR. JOHN J. DUFF, of Washington, D. C. MR. J. HAMPTON MOORE, Member of Congress from Pennsylvania. MR. JOHN M. GOODELL, Editor, Engineering Record. DR. E. J. JAMES, President, University of Illinois. MR. GEORGE C. DIEHL, Chairman, Good Roads Board, American Automobile Association. MR. THOMAS G. NORRIS, President, Arizona Good Roads Association. MR. BRYAN LATHROP, Member Lincoln Park Commission, Chicago, Illinois. MR. JOSEPH W. JONES, of New York City. MR. A. G. SPALDING, Member San Diego Highway Commission. MR. JOHN B. THAYER, Vice-President, Pennsylvania Railroad Company. MR. LEWIS W. PARKER, President, South Carolina Cotton Manufacturers' Association, Greenville, South Carolina. MR. JESSE TAYLOR, Secretary, Ohio Good Roads Federation. Executive Committee MR. W. W. FINLEY, Chairman. MR. L. W. PAGE. MR. ALFRED NOBLE. MR. ARCHIBALD H. HUSTON. MR. B. F. YOAKUM. Committee on Membership MR. THOMAS NELSON PAGE, Chairman. MR. J. HAMPTON MOORE. JUDGE HUGH C. GILBERT. MR. JOHN J. DUFF. MR. GEORGE W. WATTS. MR. JOHN M. GOODELL. COL. BENEHAN CAMERON. MR. JOSEPH W. JONES. MR. HENRY FISHER. MR. GEORGE C. DIEHL. MR. JOSEPH T. STOKELY. MR. BRYAN LATHROP. MR. HENRY C. STUART. DR. E. J. JAMES. MR. HOWARD SUTHERLAND. MR. THOMAS G. NORRIS. DR. WALTER H. PAGE. MB. W. T. BEATTY. Finance Committee MR. LEE MCCLUNG, Chairman. MR. JAMES S. HARLAN. MR. L. E. JOHNSON. GEN. COLEMAN DU PONT. MR. LEONARD TUFTS. CAPT. D. L. HOUGH. MR. JOHN B. THAYER. CONTENTS Officers and Directors 1 Committees 2 Proclamation by Governor of Virginia 5 National Day, First American Road Congress 7 Telegram from President Taf t 10 Good Roads and the Farmer 11 Good Roads and Waterways 16 The Road through Delaware 24 Highway Engineers and Contractors' Day 31 Stone and Gravel Roads 32 Earth and Sand-Clay Roads 44 Bituminous Roads 50 Road Costs and Maintenance 58 The Relation between Engineers and Contractors on Highway Work 70 The Contractor in Road Work 78 Highway Bridges 106 Road Users' Day 114 Address of Welcome by Preston Belvin 114 Motor Traffic Regulation in Massachusetts 117 Traffic Rules and Regulations 128 Relation of the Automobile Industry to the Good Roads Movement 142 A Model State Vehicle Law 149 The Motor Vehicle Law of Connecticut 162 Relation of Motor Vehicle Laws to Good Roads 171 Louisiana Highways 177 The Virginia Convict Labor Law 181 Resolutions as Presented and Passed by the Committee on Resolutions of the American Road Congress 187 Treasurer's Statement 191 Secretary's Statement 191 It is much to be regretted that adequate verbatim reports of the very able extemporaneous addresses by Governor Wm. H. Mann, of Virginia, United States Senators Thomas S. Martin, Claude A. Swanson and John H. Bankhead, Hon. James Wilson, Secretary of Agriculture, Hon. John Lamb, Chairman, Committee on Agricul- ture, U. S. House of Representatives, Dr. Walter H. Page, Colonel Charles Clifton, of New York, and Dr. Jos. Hyde Pratt, State Geologist of North Carolina, are not available, and that lack of space forbids the publication of many short addresses by distin- guished speakers. AMERICAN ROAD CONGRESS COMMONWEALTH OF VIRGINIA PROCLAMATION BY THE GOVERNOR GOOD ROADS WEEK WHEREAS, the AMERICAN ASSOCIATION FOR HIGHWAY IMPROVJE- MENT and affiliated organizations have elected to hold their jTiBBT ANNUAL ROAD CONGRESS in the city of Richmond, on November twentieth to twenty-third, nineteen hundred and eleven, for the purpose of bringing to the solution of the many difficult problems connected with the improvement of the public roads the combined knowledge and experience of the men who have devoted themselves to a study of this important question ; and WHEREAS, the President of the United States will be our honored guest and will address the Congress upon that important occasion; and WHEREAS, the improvement of the public roads throughout Vir- ginia, and their proper care and maintenance, will result in greatly increased prosperity and add immeasurably to the welfare of our people; THEREFORE, I, WILLIAM HODGES MANN, Governor of Virginia, do hereby earnestly request the people of this Commonwealth, and especially those charged with the management of our public roads, to attend and participate in the American Road Congress herein- before mentioned. I furthermore urge upon all civic organizations, public schools, churches, the press, and all other agencies within this Common- wealth that serve to promote human welfare to set apart the week beginning November thirteenth, nineteen hundred and eleven, which immediately precedes the Congress, as "GooD ROADS WEEK," and during that period to devote their united efforts to a furtherance of the movement for better roads, and particulary to the accomplish- ment of some practical result within the zone of their influence. 5 6 AMERICAN ROAD CONGRESS Given under my hand and the lesser seal of the Commonwealth at the Capitol, in Richmond, this first day of November, nineteen hundred and eleven, and in the one hundred and thirty-sixth year of the Commonwealth. WM. HODGES MANN, Governor. By the Governor. B. 0. JAMES, Secretary of the Commonwealth. FIRST AMERICAN ROAD CONGRESS NATIONAL, DAY Monday, November 20, 1911 Morning Session, 9:30 o'clock Prayer, Rev. Russell Cecil, D.D. Address of Welcome by the Governor of Virginia. Address of Welcome by the Mayor of Richmond. Response by Logan Waller Page, President, American Associa- tion for Highway Improvement: On behalf of the American Association for Highway Improvement, the various affiliated organizations and the delegates participating in the holding of this American Road Congress, I desire to express our high appreciation of the courtesy and hospitality extended to us all by the people of this delightful city of Richmond and the grand old Commonwealth of Virginia. It is eminently fitting that we should assemble here, where early American history was made, to launch a great united movement, as important in an economic and industrial sense to the people of the United States as the great work of the master minds in statesmanship and war in laying the foundations of our government. One year ago, there assembled in the city of Washington a small body of men who were earnest in their conviction that the time had come when all of the agencies striving for the common cause of road improvement should work together, to the end that there should be no more playing at cross purposes; that the experience of each and every organization should be utilized as a guide to the work of each and every other organization, and that in the consideration of plans and policies which were too broad to be determined by any single State organization, there should be a way by which the interested parties could come together and consider them, and, finally, that 7 8 AMERICAN ROAD CONGRESS the entire movement for better roads should be so systematized and everywhere placed on so high a plane of honest and earnest effort that the cheap charlatanism of the professional promoter and the bungling efforts of the well-meaning but uninformed citizen should be no longer permitted. These were the conditions and the needs which prompted the formation of the American Association for Highway Improvement. Its organization was no reflection upon the good intent or the effici- ency of existing associations. In fact, it was the announced intention of the men who were responsible for the forming of this Association that this work should be done as far as possible through the organi- zations already existing. I venture the assertion that it would be necessary to travel far and wide to find a man who is deliberately opposed to road improve- ment. If it were only necessary to convince the people of the value of a good road, our labors would be superfluous. The difficulty begins when we attempt to convince the unprogressive man and the pessimist that a good road is so good that it is worth paying for, and we have still more difficulty before us when we endeavor to show him how he should go about obtaining a good road. Governor Sanders, of Louisiana, in addressing a road convention in his State, said that his people had wished for good roads, but they did not come; that they had prayed for good roads, and still they did not come; and finally, they had paid for good roads, and then they got them. It is necessary that a thorough campaign of education be conducted in every locality where the burden of bad roads hangs like a millstone about the necks of the people. The glory of the crusades have given to posterity the names of Richard the Lion Heart and Godfrey of Bouillon, but it was the lowly Peter the Hermit preaching at every cross road that fired the martial ardor of Christian Europe. In this campaign of education, three things are essential: first, that your work must have a definite object; second, that your plans must be practicable; and, third, that they must have intrinsic merit. In launching the American Association for Highway Improvement, we endeavored to fulfill these three requirements by the announce- ment of definite purposes easily capable of accomplishment, and con- taining such intrinsic merit that their general adoption would place road conditions in this country on a sound and economic basis. We hope that every organization affiliated with the Association will NATIONAL DAY 9 follow the same lines, adapting them to local conditions, thereby ren- dering the campaign uniform and nation-wide. These purposes are : "To correlate and harmonize the efforts of all existing organiza- tions working for road improvement. "To arouse and stimulate sentiment for road improvement. "To strive for wise, equitable and uniform road legislation in every State. "To aid in bringing about efficient road administration in the states and their subdivisions, involving the introduction of skilled supervision and the elimination of politics form the management of the public roads. "To seek continuous and systematic maintenance of all roads, the classification of all roads according to traffic requirements, pay- ment of road taxes in cash, and adoption of the principle of state aid and state supervision. "To advocate the correlation of all road construction so that the important roads of each county shall connect with those of the ad- joining counties and the important roads of each state shall connect with those of adjoining States." Officials of thirty State and inter-State organizations have now joined hands with the Association, and splendid support has been given to the work by the press, so that the great movement, which has reached its first year's culmination in this memorable Congress, has been made known to the public from coast to coast. I desire especially to make mention of the loyal and broad spirited support given this movement by the railroad companies. It is immaterial whether they are actuated by wise business foresight or whether they have the welfare of the people along the respective lines solely at heart : the fact remains that they are doing a work which benefits every man, woman atid child within the zone of their influence, and full credit should be given to them for it. The problems of road construction and maintenance will later on be dealt with in a most thorough manner by the leading highway engineers of this country, and it is scarcely within my province to go into a technical discussion at this time, but I shall not let the opportunity pass to say a word to you about what appears to me to be the most important subject in connection with the whole question of road improvement, namely, maintenance. The people in many counties are filled with enthusiasm for road improvement, and are hastening to spend enormous sums of money 10 AMERICAN ROAD CONGRESS in the construction of superb roads, and yet almost without excep- tion, they are making no provision to care for the roads after they are built. The same holds true with reference to road construction under many of our state highway departments. Right here in Virginia, your State highway commissioner is constantly urging and almost pleading for some provision looking to the maintenance of the fine roads which he has built and is building. To maintain the roads in good condition year after year requires a considerable annual outlay, but this outlay is infinitely less than the loss which must fall upon the people eventually if they allow their roads to go to utter ruin. Provide continuous, systematic maintenance and set aside every year an amount per mile estimated by the engineer in charge to be sufficient for the proper maintenance of the road, and you will follow a course which must make for economy and efficiency. Mr. Page here read the following: TELEGRAM FROM THE HONORABLE WILLIAM H. TAFT, PRESIDENT OF THE UNITED STATES THE WHITE HOUSE, Washington, D. C. November 19, 1911. L. W. PAGE, President American Association for Highway Improvement : I have had a cold for a week since I returned from my trip, and have spent the last forty-eight hours in the house, with the hope of being able, without risk, to go to Richmond tomorrow. I have been looking forward to taking part in the Good Roads convention with a great deal of pleasure, because I am in full sympathy with the move- ment that is gaining strength in every State and in the nation for the promotion of the construction of permanent good roads. The effect that they will have in increasing the value of farms, in making the lives of farmers and their families much more full of comfort, and in the general benefit conferred by greater ease of intercommunica- tion the country over, can not be exaggerated. I wish that I could be present to utter my word of approval and encouragement, but I feel that the trip as planned is one which would involve more risk than I ought to incur in my present condition. I have postponed this announcement until now, with the hope that I might avoid making it. The pleasure of receiving the hospitality of Richmond, which has GOOD ROADS AND THE FARMER 11 been mine at least twice, lingers long in my memory, and makes me deeply regretful that I must deny myself now the enjoyment of the trip. WM. H. TAFT. GOOD ROADS AND THE FARMER BY W. W. FINLEY President Southern Railway Company In considering the matter of highway improvement under the topic assigned to me "Good Roads and the Farmer" we are not taking a narrow view of the subject, for we are all directly and vitally interested in the development of agriculture in the United States. We must rely upon the farmer for by far the greater part of our food supply and for most of the materials for our clothing. We no longer have vast areas of unoccupied farm lands in the West. The constant growth of our cities and towns results in a steady increase in the demand for everything produced on the farm. This increased demand must be supplied, to a greater extent than ever before, by increasing the average production per acre and bringing under culti- vation or devoting to pasturage lands in our older States that are now lying idle. The problem of increasing the productiveness of our soils is being successfully solved by our progressive farmers, aided by the scientific experts of the United States Agricultural Depart- ment, the State departments of agriculture, and our agricultural colleges. There has been more real agricultural progress in the gen- eration in which we are living than in any other period of equal duration since the dawn of history. This is to the advantage of those of us who live in cities and towns as well as of the farmers, and our self-interest impels us to support every movement tending to economy in farm operations and to larger agricultural production, for it is only by these means that the profitableness of farm operations can be maintained and increased without, at the same time, unduly advanc- ing the prices which we must pay. Not the least important of the factors tending to bring about this condition will be improved country highways. They will directly and materially reduce the cost of haulage, enable farmers to market their products more advantageously, and, by adding to the attractiveness of country life, will tend to check the flow of population into the cities and towns and accelerate the movement " back to the farm. " 12 AMERICAN ROAD CONGRESS Bearing in mind our universal dependence upon the farmer and the importance of good country highways as a factor in agricultural devel- opment, I believe we should, at this time, look upon the road improve- ment problem as one primarily concerning the farmer. His interest should be recognized in the formulation of all plans for the construc- tion, maintenance, and regulation of the country highway. More especially this should apply to the selection of the roads which are to be first improved. We have in the United States about 2,200,000 miles of country highways of which only about 200,000 miles had been improved in 1909, the latest year for which complete figures are available, leaving approximately 2,000,000 miles unimproved. Hon. L. W. Page, direc- tor of the Office of Public Roads in the United States Department of Agriculture, and the honored president of the American Association for Highway Improvement, has kindly supplied me with detailed data as to the progress of road improvement in the counties traversed by the lines of the Southern Railway Company. His figures show that these counties contain a total of 176,725 miles of county roads. Of this total 10,321 miles, or 5.84 per cent, had been improved in 1904. In 1909, 15,298 miles or 8.65 per cent, had been improved. In 1904, the road expenditures in these counties amounted to $5,749,829. In the current calendar year, they will amount to approximately $1 1,500,- 000. Assuming that the mileage improved since 1909 has been as great as that improved from 1904 to 1909, there are still about 150,000 miles of unimproved country roads in those counties. Similar condi- tions are found in many other parts of the United States, and it is obvious that the task before us is so great that all of the unimproved roads can not be improved at once. Each community must decide which of its roads shall have attention first. Broadly speaking, country highways may be divided into two gen- eral classes those which may be denominated trunk lines, running for long distances and connecting the cities and towns along their routes, and those which radiate from a market town or shipping station. The first of these classes the trunk line highways, afford ideal routes for tourists. There are some localities especially those most fre- quented by tourists, where the construction of trunk line highways of this class is highly desirable and their improvement necessarily benefits the farmers adjacent to them. At the risk, however, of seem- ing to be actuated by the interest of the railways, I have no hesitation in saying that, if the greatest good is to be done to the greatest numbers, GOOD ROADS AND THE FARMER 13 the farmer is more interested in the improvement of the roads of the second class which I have mentioned those radiating from a market town or shipping station. By giving attention, first, to those parts of these roads immediately adjacent to the towns and shipping stations and extending improvements out into the country year after year as funds may become available, entire regions will, in time, be traversed by networks of good roads. Then, by connecting up adjoining sys- tems of these radiating roads, trunk lines and through roads for tourists will ultimately be formed. The improvement of these radiating roads will be beneficial not only to the farmer, but also to a large proportion of the dwellers in cities and towns. They will enlarge the trade of retail merchants, facilitate the work of rural mail carriers and extend the limits within which local newspapers can be circulated on the day of publication. Manufacturers and users of automobiles have given a great impetus to the movement for the improvement of the country highways of the United States. By devoting their time and money to this work, they have earned the gratitude of the American people, and I believe that, in considering plans for road improvement, their interests should be considered, as well as the paramount interests of the farmers. There has been for years an increasing demand for these vehicles from residents of cities who use them for pleasure and business. The extent to which this has grown is shown by statistics compiled by the United States Census Bureau for the year 1909, showing that in that year a total of 127,289 automobiles, valued at $165,115,100, were manufactured, as compared with 22,830, valued at $24,630,400, in 1904, an increase of 485 per cent, in the annual number manufactured in five years, while in the same period there was a decrease of 12 per cent, in the number of carriages manufactured in the United States. It may be that, in view of the large extent to which passenger auto- mobiles are now used in cities and towns, a large proportion of the demand in this field in the near future will be for replacement and for improved models. We find many of the manufacturers now giving increased attention to the development of efficient motor trucks, wagons, fire engines, ambulances, and patrol wagons, and these vehi- cles are rapidly displacing those drawn by horses in our city streets. Motor vehicles and traction engines are already used to a consider- able extent by farmers in some localities. Looking back over the comparatively few years since the establishment of the industry and noting the improvement that have been made in the motors and the 14 AMERICAN ROAD CONGRESS large numbers of special designs of vehicles that have been produced we may feel sure that the manufacturers will meet the growing demand of the farmers by supplying whatever special types may be required. As an illustration of the way in which practical farmers are looking at this matter, I may mention that, within the past week, a man who contemplates buying a large farm in a region traversed by the South- ern Railway told a representative of our company that he was con- templating a location about fifteen miles back from a railway station. He said that the distance made no difference to him as the road was good and he proposed to do all of his hauling with a motor truck. What this farmer proposes to do will be done by many other farmers as the country highways are improved, and I have no doubt that the annual addition to our good roads mileage will result in corresponding increases in the agricultural use of motor vehicles. Therefore, I do not believe that in advocating the improvement of radiating roads rather than of trunk line highways, I am opposing the ultimate interests of the users and manufacturers of motor vehicles. In fact, I believe that, in the near future, the manufacturers must look to our farmers for their largest opportunity for the extension of their sales. Others who will address this cbngress are better qualified than I to give advice as to the types of good roads to be constructed and as to the best methods of road maintenance and management. I cannot refrain from saying, however that I believe that every one here who has seen the beautiful tree-lined roads of France will agree with me as to the desirability of planting trees by the roadside wherever this can be done without being disadvantageous. I know that a tree shading the ordinary dirt road is detrimental, as it retards the drying up of the mud after severe rain storms. I am advised, however, that shade is not detrimental to a macadam road, but is beneficial to it, and all of us who have traveled over our country roads in the heat of midsummer can realize how grateful to both man and beast would be a row of shade trees on each side of the road. I believe, Mr. Chairman, that the difficulties in the way of highway improvement in the United States sometimes seem to be greater than they really are. When we look at the work in its nation-wide entirety and think of our 2,000,000 miles of unimproved roads, the task ahead of us seems to be so great as to be almost impossible of accomplish- ment, but the good roads problem while it is national in a sense, can be solved only by the solution of the vast number of local problems GOOD ROADS AND THE FARMER 15 which go to make it up. The immense task involved in dealing with 2,000,000 miles of roads resolves itself into a large number of rela- tively small tasks, no one of which is impossible of accomplishment. The total highway mileage classed as unimproved includes, of course, a large number of roads which are so little used that their improvement can be postponed almost indefinitely. It includes other roads which can be maintained in a passable condition at relatively little cost and on which there is no immediate necessity for making expensive improvements. Taking these conditions into consideration and begin- ning first with the radiating roads to which I have referred, I believe that it will be possible for us, within relatively a few years, to have a system of improved country highways in the United States which will be of almost incalculable benefit to our farmers, and that we shall all share from the advantages of the higher agricultural development which will follow. Within the past few years a large amount of educational work as to the advantages of good roads has been carried on in the United States. This has been participated in by the Good Roads Office of the United States Department of Agriculture, by the several States, the newspapers and the railways. The railway company which I have the honor to represent has contributed to this educational cam- paign by the running of good roads trains over its lines, by the distribu- tion of literature, by encouraging the organization of good roads associations in the territory which it traverses. As a result of this work it is no longer necessary to talk to the American people about the advantages of good roads. What is now needed is to direct the public sentiment in favor of their construction along the most intelli- gent lines by supplying helpful advice and information. This is one of the objects of the American Association for Highway Improvement, under the auspices of which this Congress is being held. We can all contribute to this work, each in accordance with his opportunities, and I believe that by doing so we will perform a high public service of benefit primarily to the farmer and, in the end, to all of our people. 16 AMERICAN ROAD CONGRESS GOOD ROADS AND WATERWAYS J. HAMPTON MOORE Member of Congress from Pennsylvania and President of the Atlantic Deeper Waterways Association Good roads, like good waterways, are essential to the country's development. They assist in the creation of our national wealth, and afford a means of distributing it. In a commercial sense they are fairly comparable to the circulation of blood through the arteries and veins of the human system. I am an advocate of the prompt and comprehensive development of the inland waterways of the United States, particularly those so long neglected along the Atlantic Coast, but I am none the less a be- liever in the importance of improving the earthen roads of the country in order that they may meet the requirements of modern business and the increasing transportation demands of our 90,000,000 of popu- lation. As with our inland waterways, so, unfortunately, with our American highways, we lag behind our European brethren, notably of Germany, France and England still wasteful, still hair-splitting, still dilly- dallying, still running our vessels against the shoals, still taking the dust of the fellow who gets the road ahead of us, still leaving to the next generation the advantages we ought to receive for ourselves. THE WORK OF AGITATION I am glad the American Association for Highway Improvement has been formed. If it adds a single new road to the assets of a progres- sive and long-suffering people; if it helps to carry transportation facilities to any section of the country not hitherto penetrated by modern avenues of communication; if it succeeds in crystallizing into one grand forward movement the sentiment of diversified associations working for the same end, then indeed it will have served a good purpose. Or if, in the laudable work of agitation, it shall succeed in creating a better understanding of our transportation needs, then likewise will it justify the efforts of its founders. For as it has been with water- ways, so it is with highways. We have been indifferent; we have fallen behind; we have devoted our time to other enterprises; and if we are not to be eternally hardened to our imperfections and incon- veniences, we must have recourse to agitation, and that persistently, GOOD ROADS AND WATERWAYS 17 to recover lost ground. And that valuable ground has been lost is amply proven from day to day by the insistent demands of the power boat and the motor vehicle, with their manifold accessories to trade and commerce. HELPING OTHERS FORGETTING OURSELVES We have been waiting a long time for these improvements. The interior of our great country possesses 50,000 miles of water ways, only half of which are navigable. Trails of the pioneers still pursue their course through rugged mountain passes, and some of them are little better now than they were in the days of the flint-lock and the trapper. For more than two-hundred years we have waited for a canal through Cape Cod. The storms of the present month (November) have carried additional lives and property to destruction upon this cape, but there is no relief. They are civilized people who boast of their progress in New England, but they have stood submissively for 1000 disasters upon Cape Cod during the past twenty-five years alone. They will build canals at Panama, and expend the nation's resources for the uplift of the Cuban and the Filippino, but the wreck- age at Cape Cod goes on unchecked. In the area of the Chesapeake and Delaware we have more commerce in one year than will be done through the Panama Canal in ten years, and yet since 1829 we have been content to do business on a 13-mile canal drawing 9 feet of water, or risk our lives and property on a 325-mile course at sea. We have made substantial progress, but we have been confronted with delays and obstacles that have lingered only because we have never effectively united to remove them. PLANS OF OUR FOREFATHERS It is doubtful if our forefathers would have been so patient as we have been. They were planners and they had progressive ideas, albeit they were also addicted to the "red tape" habit, which still prevails to an aggravating extent. Back under the Jefferson admin- istration the people demanded transportation facilities to the great new West, and in 1806 the construction of the Cumberland Road was authorized by Congress. The history of the Cumberland Road is a story of hesitations and disappointments. It was to have been a great national highway such as is now sometimes proposed to link the oceans, across the continent. Its construction proceeded 18 AMERICAN EOAD CONGRESS until 1822, and then the President (Monroe) decided that the Con- stitution interfered with further appropriations for its maintenance But the earlier statesmen pressed forward with other projects, very largely through the separate States, and were especially active in the construction of highways and canals. For a quarter of a century after George Washington, roads and canals, and internal matters generally, were the chief thought of the national leaders. The messages of all the earlier Presidents breathed a desire for the peaceful occupation of new country and the dissemination and increase of our national wealth. All this they hoped to accomplish through good roads and good waterways, for railroads at that early day were creatures only of the imagination. Canal construction was one of the chief concerns of public men, both before and after the completion of the Erie Canal, and continued the subject of agitation and legislation until the advent of the railroad, along about the '30s. THE ERA OF THE RAILROAD If we have fallen short of the expectations of our ancestors in road or canal building, and have lost anything of their energy in this regard, it was doubtless due to the appearance of the "iron horse." Men who had money to invest took it from the canals and put it into railroads. Those who sought to open new fields of industry, or to enter rich and undeveloped territory, applied their efforts to the construction of railroads. The government of the United States also entered heartily into the work of railroad construction, and assisted materially, both by grants of land and the expenditure of money, in the completion of vast systems. Those who quibble today about the right of the govern- ment to aid in the construction of highways, or to improve and sustain waterways, will find embarrassing precedents in the history of railroad building in the United States. It is fair indeed that our memories should be refreshed upon this interesting phase of our national prog- ress. And if the government of the United States could aid in the building of railroads, or can build a canal at Panama, or financially assist in the uplift of a foreign people, why, in all fairness, need it hesitate to put new life and vigor into the commerce and trade of the American people themselves? GOOD ROADS AND WATERWAYS 19 COMMERCE LIMITED BY TRANSPORTATION No one with common sense will seek to curtail the advantages which the railroads of the country afford to the people. Whether they are rightly or wrongfully managed is beside the question. Whether they seek to control the political powers, or exercise undue influence with the legislatures, need not now be considered. The railroads are useful; they serve a great and noble purpose, and they serve it better in the United States than in any other country in the world. They have aided vastly in the development of the country. But it is noticeable, and cannot be disputed, that, in the great national movement for the extension of railroads, our waterways and our high- ways have been subordinated to their influence and operation, until the value and availability of both systems has been impaierd. It may not have been the intention to destroy the roads and the water- ways, but that they have been " overlooked," in the general advance, is at least a charitable way of stating the facts. It is now evident that we need them both, and that, if we are not to maintain a monopoly in transportation, and leave the common carrying business solely with the railroad, we must have improved waterways and a modern system of earthen roads. ZENITH OF RAILROAD CAPACITY Before proceeding further, let us recall the commercial distress that followed the car shortage of 1907. The railroads were then in the zenith of their power and capabilites. Were they able to carry the freight which the wealth producers of the country had created? In the language of Mr. James J. Hill, the best quoted magnate of them all, they were not, for in an address made in Washington, at the National Rivers and Harbors Congress, Mr. Hill declared for a deeper Missis- sippi as a relief to railroad transportation. And this phase of the problem was also clearly presented in an address by Mr. John F. Stevens, of Panama Canal fame, then vice-president of the New York, New Haven and Hartford Railroad, at the Baltimore Conven- tion of the Atlantic Deeper Waterways Association in 1908. I quote what he said : It must be remembered that within sixty years about one hardy business lifetime our railway main lines have risen from nothing to 225,000 miles, over which traffic, both freight and passenger, is carried at speeds equal to, and at rates, generally speaking, lower, than in other countries, where the cost of 20 AMERICAN ROAD CONGRESS labor and material is much less than with us, and where density of tonnage is far greater. But a time has now come has been with us for some years when the railways, considered as a unit, are not capable of handling satisfactorily the interchange business of the country, even supplemented as they are to a certain extent by water lines. And to such lines they should bear the relation of allies, instead of opponents, if they now do not. WASTE LAND AWAITING CULTIVATION In the light of these statements, which are confirmed by many of the far-seeing railroad men of the country, we have a right to ask that commerce be fortified against any possible future congestion. There are but two methods of relief. Aerial navigation may some day make a third but the wealth producers of the land today have actual need for the earthen roads and the waterways, and these should be public thoroughfares in the strictest sense. For if we do not have these means of communication, and must still depend upon the railroad, which either will not or cannot further extend its lines, when are we to develop the areas of waste land where agriculture is feasible and no outlet is provided? Speaking as of the Atlantic Coast, I venture to say that the more than 35,000,000 of population from Maine to Florida would be living better, and at less expense, if we were able to open up and cultivate our own neglected fertile lands east of the Appalachian Chain. The Eastern farmer need not go West. We can now sell farm lands in New England as low as they can be purchased in Iowa. Within 50 miles of Philadelphia we can sell them at from $60 to $100 an acre. In New Jersey and Pennsyl- vania there is ample opportunity for the farmer who is willing to apply himself to his trade. Delaware, Maryland and Virginia are holding out inducements to the agriculturist, and North Carolina along the coast line is rich and almost virgin country. In South Carolina and in Georgia there is plenty of room for those who want to till the soil but in every instance the farmer's problem is largely one of trans- portation. FARMS WITHOUT A MARKET The farmer must get his crops to market. How often does it happen that the land he would like to occupy is too remote with respect to transportation? Does the railroad go to the farmer of Florida? This very year his crops have been rotting in some pro- ductive areas because he has no outlet to the North. In the water- ways movement we are demanding that the streams be opened up GOOD ROADS AND WATERWAYS 21 to the farmer. If the railroad does not go to him and there are no adequate roads or waterways, the country roundabout must go to waste. Give the producer a chance to get in and out, whether the railroad comes to him or not, and you will help to keep the farmer contented, as you will afford him lucrative means of employment. The same reasoning applies to the South, to the great Northwest, and to that bounding " Middle West," which has been advancing so rapidly in recent years. If better transportation by road or water will add to the productiveness and profit of farming, there will be less of unrest, and a truer and more genuine spirit of patriotism. BE RIGHT, BUT GET A START Another thought: Perhaps it is better to be right than to go ahead. Unquestionably we should proceed as the Constitution and the laws direct, but when are we to proceed? Has the Cumberland Road been finished? Has the canal at Cape Cod been cut through? Are we still to rely upon the Oregon Trail for our journeys into the North- west? The government was asked to aid in the construction of the Erie Canal in 1811. There were too many halting States to permit the government to proceed. New York was game. It proceeded alone. It constructed the Erie Canal, and became the Empire Common- wealth. Moreover, it earned the gratitude of the nation. And all this it did before a single railroad track was laid in the country. Now we have steam and electricity. The automobile and motor boat have made their appearance, and 30,000,000 horses are still to be counted in our animal population. If the Constitution which impelled Mon- roe to check the progress of the Cumberland Road is still unamended, neither have the separate States been brought into thorough working accord upon a comprehensive plan of road construction. Here is work for the Association. If results are to be obtained, the agitation must continue. It must be carried forward to the National Congress, and it must be taken into the legislatures of the States. But a definite plan is needed, whether it looks to federal initiative, absolute State control, or federal supervision with the cooperation of the States. There must be a definite and reasonable plan. INFLUENCE OF AUTOMOBILE AND MOTOR BOAT Neither our forefathers, who planned extensive internal develop- ments, nor the railroad builders whose marvelous advance dwarfed 22 AMERICAN ROAD CONGRESS the country roads and waterways, were able to divine the modern forces which now cry out for recognition. But they have come! The automobile is here, and the motor boat is here. The automobile has enlisted the expenditure of hundreds of millions of dollars, and the motor boat has increased to hundreds of thousands in number. On road and river bank, establishments are being built for the con- struction and distribution of these new and useful instruments of transportation, and around them new settlements of busy work- men cluster. They are growing more and more in popular favor, adding to our business opportunities, and holding fast to worthy employment, our skilled mechanics. They have come to stay; and roads and waterways to accommodate them must be provided! It is all so plainly evident that "he who runs may read. " And as they grow and expand in the world of commerce, these new factors in internal development will neither harass nor destroy existing methods of transportation, but, on the contrary, will make new trade for railroads, as well as for all the common carriers whose terminals and connecting lines will permit of an interchange of business. For what ship may come in from the Orient or the Occident and yet not yield a portion of its cargo to the common carrier of the United States? Or what coastwise vessel, or inland barge, penetrating new or hitherto neglected territory, that will not land its quota of business for existing transportation lines? Or what vehicle of the road, be it Conestoga wagon, or horseless truck, that comes and goes where railroads do not serve, that willl not likewise add to the sum of our national wealth, and incidentally increase the work of our common carriers? The answer is short and decisive: it is, "New business for everybody." GET SOMETHING STARTED! That this country, still capable of great internal development, shall be limited in its progress to the carrying capacity of the railroad is an untenable proposition. We have passed beyond that. Our productive power requires new and auxiliary means of transporta- tion, and we should have them. Our opportunities to create new business for capital, and to provide employment for labor, should not in any particular be restricted or curtailed. We must have good roads and connected waterways, and we must agitate until they come. The several States are awakening to public sentiment in this regard, and gradually the national government is being impressed. Already GOOD ROADS AND WATERWAYS 23 the nose of the camel has entered Congress. At the last regular session, an appropriation of $2,000,000 was made for a memorial to Abraham Lincoln. The form of memorial was left to a commission, but senti- ment has been crystallizing in favor of a road from Gettysburg to Washington, which would establish a memorial more lasting than bronze and more serviceable to the plain people, whom Lincoln loved, than any creation of the artist or the sculptor. Whether the commmission will yield to popular sentiment, and construct a road that will be at once a memorial, and a blessing to mankind, remains to be seen. In this instance there need be no constitutional question, nor any concern as to the consent of the States. The construction of a Lincoln memorial highway would be a work of utility which the people would applaud. FROM GETTYSBURG TO RICHMOND And if the nose of the camel, thus injected into Congress, should be accepted as expressing the will of the people, it might with propriety be pushed a little further, so that the great Lincoln highway shall continue to the city of Richmond. The roads of the Romans were the admiration of the world. The roads of France and of England are the pride of Europe. We have natural God-given wonders in America which excite the interest of our foreign visitors. But the permanent works of man have not yet reached perfection in America. Let us have an American Appian Way! From Gettysburg to Rich- mond is not an idle dream. Pennsylvania, Maryland, Virginia and the nation's Capital ! It is a plausible and glorious possibility. The soil of Rome is not more sacred than the fertile fields that mark the gallantry of American soldiery under Grant and Lee. The pages of history produce no names that future ages will hold in greater rever- ence than those who fought on either side in that great struggle. Then why not construct the Memorial here? Why not make this the beginning of a comprehensive plan? It would seem to be the golden opportunity, the one great chance to hold the interest of the people of all the States, and to cement their good will and cooperative power. It would serve the practical purpose of providing an object lesson for future operations in road construction, and it would tend, as no other memorial could, to develop that spirit which inspired Lincoln at Gettysburg to proclaim a reunion "of the people, by the people and for the people" that " shall not perish from the earth." 24 AMERICAN ROAD CONGRESS THE ROAD THROUGH DELAWARE GENERAL T. COLEMAN DU PONT At the request of Mr. Page, I am going to tell the convention a little about "my hobby," the new road I am building in Delaware, and the results I hope for when it is completed. My object in building the road is not only to provide a good high- way where it is badly needed and where it would run through a splendid farming section if developed and cared for, but to work out in a prac- tical way a problem that will, if successful (and I feel sure it will be), revolutionize the building of roads in the United States. The problem is "How can a free country road be built and made to pay its original cost, cost of maintenance and a fair return on the money invested. After outlining briefly my plans for the road now being constructed in Delaware, I will explain the plan I have been working on for some- time past, believing it will be of greater interest than the Delaware undertaking because it is not local but a proposition in which all are interested. The land acquired in Delaware will be 200 feet wide except through cities and towns where a width of 120 feet will be accepted. In building this road several materials will be used, but generally speaking, the material most available in that section will be used for making a foundation or base of concrete 5 inches deep, and on this will be built 2 to 3 inches of trap rock, or local gravel, and asphalt, thus making a first class, up-to-date road. My intention is to make a proposition to the State to maintain the road for a period of 5, 10, 15, or even 20 years at a cost that will be less than the cost of interest on the bonds, had the State issued the bonds and built the road. My object being principally to insure the road being kept up and to show the exact cost. Such figures are hard to get at from the public records, but will be available for all interested in good roads, should I make this arrangement with the State. My idea is to keep this road as dry as possible, and arrangements will be made with the farmers along the line of the road to clean off the snow. As soon as a storm begins a certain number of farmers will start with power sweepers. These men will be relieved at short intervals, until the snow has stopped falling and the road is clear. In this way one of the greatest foes of a road will be handled. THE ROAD THROUGH DELAWARE 25 A plan for taking care of repairs and of keeping up the road has also been worked out. Every part of the road will be gone over every other day by a road man and repairs commenced the day the road is finished, if they are needed. Not a depression nor an upheaval of one inch will be allowed to go uncared for. Ultimately, I hope the road in Delaware will require the whole 200 feet for public use, having in the center a strip 40 feet wide for high speed vehicles. On each side of this, say 15 feet should be reserved for electric car lines, then 30 feet outside the electric line for vehicles, each side for travel in one direction only. On both sides and beyond these "metal" roads, will be say 15 feet of dirt roads under which will be laid all pipes, condiuts, sewers, etc., thus avoiding tearing up the " metal" road. Beyond these dirt roads will be cement side- walks, grass and trees, or shrubbery; but to build in this way at this time would be folly, as some places where the road now runs, traffic only averages seven vehicles a day. The day is coming when speed laws will be a thing of the past and automobiles will make 60, 80, yes 100 miles an hour on our roads carrying men to and from their daily work, thus bringing healthy country life within reach of many of our citizens. Flying machines have come to stay, and suitable places where they can land and from which they may start will be arranged for, and this I intend to make one of the features of the road through Delaware. I hope this road will greatly improve conditions in lower Delaware by bringing modern improvements within reach of many people now cut off from them. It was with this idea in my mind in an undeveloped condition that I asked for a right of way 200 feet wide, or rather the right to acquire 200 feet. In a very few years, I will have figures to show what the result will be; as if the method suggested proves practical, it will work out in the case of the road through Delaware. However, in my case, the land is acquired from only a few, which is not entirely fair, since others who are deprived of no land will be equally benefited by the road and improvements that follow. In the Delaware road I am going to utilize the extra land acquired not occupied by the road in several ways : First, to do anything that will tend to develop Delaware. Second, to make it easy by offering inducements for any one want- ing to build a trolley line to do so. 26 AMERICAN ROAD CONGRESS Third, to establish at certain intervals places for the landing of aeroplanes of all kinds. Fourth, stations for gasoline and other supplies and for repairs to vehicles, and anything needed to aid any traveler on his way. My plan is to put the stations in the farming districts in charge of a graduate of an agricultural school, who each year will put in certain crops in the most scientific manner and who will tell the farmers as far as possible the kind of crops to plant in certain lands and who will analyze the soil and find out what kind of fertilizer is most needed for the coming crop in any particular field or what crop is best in certain soil, to maintain a place for the grangers to meet, to keep in touch with the Agricultural Department at Washington and take advantage of its knowledge, to show by actual practice plowing and cultivaton by machinery as against horse power, and other new methods of farming. This should bring the farmers into cooperative work, for example, there are four farms adjoining, today, each one put in say 80 acres of wheat in four different fields of 80 acres each. Let them take down the fences and with a steam or gasoline engine the four could put in 320 acres of wheat at less than the labor cost, including the wear and tear on the machine, than it costs them to put in 80 acres by the pres- ent accepted method in Delaware. This economy of cooperation is equally applicable in the harvest season, with improved machinery. In the case of this road, as it is my intention to develop the State, the income will be used to maintain these various stations and not for maintaining the road, the comparison is not an exact one, but the figures will be available and can be compared with the cost of mainten- ance and applied to other cases so others interested may have the ad- vantage of them. The good road movement in the United States is now being taken up everywhere and by all classes of people, but legislatures are slow to pass appropriations, fearing to raise the taxes of their constituents thereby making themselves unpopular. Of the farmers, "The greatest users of roads, " only a few are able to see that in being satis- fied with the present condition of our roads they are in reality paying higher road taxes than they imagine. In order to "haul" their produce to the markets and to "haul" fertilizers and other necessities to their farms they keep from two to four times as many horses or mules as are necessary, and frequently keep extra men to do the work caused by inferior roads. THE ROAD THROUGH DELAWARE 27 From a number of figures compiled from different sources, the average load drawn by two horses or mules on our unimproved roads is about 960 pounds, and the average distance from farm to market, 12 miles. The average day's work for two horses is 12 miles a day on these roads. On the French roads, for comparison, one horse takes a load of 3000 pounds 18 miles every day in the year. If our farmers would count as road tax, the extra amount they pay to maintain horses men, wagons, and harness to make up the difference between what they now haul and what they would haul on a good road, they would refuse to vote for any representative or senator for the State legislature, who would not promise to reduce their expenses by voting for liberal appropriation for good roads, for the absolute maintenance of them at all times, or in case of the plan hereinafter described, vote to loan the credit of the State for such time as may be required. I was much surprised a few weeks ago in talking to a man at the head of a department having charge of many miles of roads, to hear him say "after a road was built properly, it required absolutely no expense for maintenance for three or four years." This remark points to one of the greatest mistakes in regard to American roads, for in many of our states roads are built with absolutely no provision for their up-keep, the consequence being after a few years they are really worse than the original dirt road and cost about as much to repair as to build a new road. One could go on indefinitely in the above strain, volumes have been written on the subject, but what the American people want is a way to build roads economically and quickly without a greatly increased tax on their resources. Now for the problem "How can a free country road be built and made to pay its original cost, cost of maintenance and a fair return on the money invested?" The following plan, I believe, could be adopted successfully in most of the United States, east of the Mississippi River and in a good many places west of it, in fact wherever the population is a producing one. This plan would provide funds for building the road, maintaining it, and subsequently repaying to the State or corporation building it, all the interest and principal and a good return on the investment. When this is done there will be left a tangible surplus, the disposal of which will be suggested later. Assuming that each State has passed the necessary legislation and provided the proper organization or commission to carry out its pur- 28 AMERICAN ROAD CONGRESS pose, then suppose a road is wanted between two towns, say 15 miles apart. This would be ascertained by submitting the question to a vote of the people owning the land, one vote for each acre owned, say five miles each side of the suggested route. The route should be as nearly straight as possible. The vote should be by acres. If a majority of the land owners (in acreage) vote in favor of the road, the fact of the favorable vote would automatically constitute the right to build the road. Land could be condemned if necesssary, and the road laid out, say 250 feet wide. The people on the line of road would give all the land, namely, 250 feet, but the ratio between the benefits that would accrue to the donors would be equalized as follows: Those within one mile would contribute only 30 per cent of the land, the owners of land between one mile and two mile 25 per cent; two and three miles 20 per cent; three and four 15 per cent, between four and five 10 per cent of the 250 feet, total 100 per cent. While those whose land the road passed through would give 100 per cent, they would be repaid 70 per cent, the next one would be repaid by the next 75 per cent, the next 80 per cent, etc., this adjustment having been made by a commission. The act authorizing the building of the road would carry the power to adjust, condemn, and all other power required by a commission elected or appointed for the purpose. Inasmuch as the person whose land is taken at today's price and paid for at the value the day he is paid, the division above may not be necessary, because being repaid for his land at the advance price likely to follow the devel- opment would be enough of an inducement for him to give up the use of the land until such a time as he was paid for it; but should it deprive the owner of too much land, the division into 30, 25, 20, 15, and 10 per cent is suggested. Then bonds, guaranteed by the State, both principal and interest would be issued on this 250 feet and the pro- ceeds used for building the road, and paying carrying charges. The entrances to properties should be 150 to 200 feet apart or the dis- tance between streets and alleys in the nearest town. The road would be built at first say 20 feet wide, than 30, then 40, then 50 as the growth of the section warranted. As the country grew and developed, the strip on either side of the road would become more valuable for every purpose, trolley lines, telegraph, telephone, sewers, rights of way in and out of adjoining properties, etc. The income from that part of the land not needed for road purposes until such a time as required for public service, such as telephone, telegraph, trolley lines, and other public utilities which would pay a THE ROAD THROUGH DELAWARE 29 rental in proportion to their earnings, would be used, first, for main- taining the road in an absolutely perfect condition. For this the State might have to make the road building commission a temporary loan. The period of not being self-sustaining passed, the income would be applied (after maintenance), to interest, then to paying off the bonds issued for construction. After the bonds are paid the income will be applied to paying for the land acquired at its value the day it is paid for by the road commission. After this, toward paying county and State debts, etc., or the returns can be distributed to the share- holders who gave land as their interest may appear, but this income, should it go to the land owner, should be bought and sold with the land just as a spring of well known water goes with the land. That is, selling the land would pass title to the stock or the excess could be used for extending the road. One suggestion would be that when the income reached a point when every one was paid in full, the property could be made to pay less interest, by turning part of the earnings strips into boulevards and drives for beautifying the cities through which it runs. This is probably the best solution, but what- ever the soltuion it should be broad enough to allow building chari- table institutions, more roads, or for any other use that seems best at the time, or even follow the example of the Delaware road and estab- lish stations for bringing before farmers and others the latest known methods as applied to agriculture. There would be about 26 acres per mile of land for various uses. This should rent at from $5 to $10 per acre from the first for agricul- tural purposes, and create an income of from $130 to $260 per mile, which would easily maintain the road the first few years. At the start the State might have to pay part of the interest, but as the town grew, and the country developed the rental for this 100 feet on either side would soon advance to a point where the income would be ample for maintenance and interest, and after that the bonds could be taken care of. If any of those present will look back twenty five years and note the value of land along an important road at the edge of the city, or even in the city now, as compared with that same value twenty-five years ago, it will at once be apparent that the income would soon be a valu- able asset to the State, county or to the builders of the road. Suppose this idea had been put into effect when Broadway, New York, stopped at Canal Street. What would the income (ground rent) from 100 feet each side of Broadway from Canal Street to Yonkers be? In some 30 AMERICAN ROAD CONGRESS places the income would exceed $1,000,000 per mile. Aroad built under these plans would be maintained in perfect condition always by this income, it would be a good road, the land along it more valuable, more desirable, and therfore bringing in sooner than usual, returns worthy of most careful consideration, always keeping in mind that the road must be in perfect condition with penalty for neglect. This is important. To refer again to the income from the land along side of the road, where the value of the land is likely to increase rapidly, it might be well to issue more bonds in the first place and pay for the land then and there so that when the road became self-sustaining and the income was increasing rapidly a block that had large earning power could be followed by a block which would be a park and on the line of this road the commissioners might alternate a paying block and a park, depend- ing entirely upon the earning power of the land along side, but I believe the income spent in this way would in the long run be better than to pay dividends to contributing land owners. However, in each section of the country this problem would have to be treated by the desire of the people in that section. This plan is one that will require a good deal of thought and to put it in more detail would, I am afraid, tend to confuse rather than en- lighten my audience, but this will be followed in the near future by figures given from the results of the experiment in Delaware. HIGHWAY ENGINEERS' AND CONTRACTORS' DAY November 21, 1911 HAROLD PARKER, Chairman Former Chairman Massachusetts State Highway Commission MR. PARKER: Gentlemen, the arduous duty of presiding at this meeting has been thrust upon me, and also the duty of making a speech. Mr. Page has laid out a certain amount of work to be done which will take at the lowest figures two hundred minutes, and the time allowed is about one hundred and fifty minutes, and this is not count- ing my speech as taking up any time at all. So I am going to cut my speech out entirely, and simply say that I have just come from the meeting in Rochester, New York, where we had a very large assem- blage of road-makers; at that meeting a formal resolution was passed sending the good-will of that convention to this, through Mr. Page as president, with the sincere hope that not only would this convention be successful in every respect, but that the life and vitality of this Association should be perpetuated. So I, representing that Association, and at the present time its president, want you to understand me as saying that the two Associations should go hand in hand, that so far from being rivals, they should be the closest friends; and I, speaking for them and the directors of that Association, want you all to appreciate that that is our view, and not only our view in our own minds, but as expressed publicly and by authority of that convention. This morning we have a series of papers which are to be discussed by certain gentlemen, whom I shall take the liberty of calling upon from the audience, and I want to say that it is neceassry for us to abide by the time limitations. The papers will occupy ten minutes or less, and the discussions twenty minutes more, divided into speeches of five minutes each, and if I interrupt any of you in a very interesting passage, you will take it not as a personal assault, but simply as the fulfillment of my duty. 31 32 AMERICAN ROAD CONGRESS The first one to address us today is Mr. McLean, of Toronto, who is the provincial engineer of Ontario, Canada, a man I have known for years and whose standing there as well as in this country, is known to everybody interested in this question. STONE AND GRAVEL ROADS W. A. MCLEAN, C.E. Provincial Engineer of Highways for Ontario, Canada An ideal roadmaking material, possessing every desirable quality under all conditions, for service, durability and cost, continues to be used in Utopia, but as far as we can learn, in no other country. That such a material exists, it is well to dream, but in more practical inter- vals it is not the part of wisdom to give up doing the things we can do because we want to do something we cannot do. Motor traffic has led to an important use of bituminous binders on main roads; but water-bound broken stone, substantially as advocated by Tres- aguet, Telford and Macadam, is still the mainstay of roadbuilding, while gravel is its useful ally. CLASSIFICATION There is a tendency to think of the trunk roads, the interurban roads, the roads of through traffic, as the all important phase of the road problem. Without minimizing the usefulness of splendidly built main roads, it is only just to say that all roads are important, and that all deserve a type of construction and system of maintenance in keeping with the amount of traffic over them. In a consideration of construc- tion, the classification of roads is a logical step, and while under any classification, one grade will merge into another, at the arbitrary dividing line, yet in every country of good roads, a classification is necessarily adopted. In Ontario, Canada, the roads are estimated to be 50,000 miles in total length. Careful consideration has shown that in view of local conditions, these might be classified approximately as follows: Class 1. Inter-urban and trunk roads, 5 per cent. Class 2. County or leading market roads, 15 per cent. Class 3. (a) Main township roads, 50 per cent; (b) Secondary township roads, 30 per cent. STONE AND GRAVEL ROADS 33 In the foregoing classification, class No. 1, inter-urban and trunk roads, includes such highways as would comprise a State or provin- cial system, and of which, because of heavy, constant through traffic, the proper construction and maintenance is an unfair charge upon local municipalities. These roads, are of the type which should be built in the most permanent manner, using Telford or other suitable foundation, and a strong broken-stone covering with bituminous binder. Class No. 2 comprises the main arteries radiating from local market centers, and over which might ordinarily pass from 50 to 150 vehicles a day. Such roads we believe, should have a broken stone covering of the macadam type, and if subjected to sufficient motor traffic, should be oiled to preserve them, and save adjoining property from injury. For heavily travelled suburban roads, adjacent to large cities, the type of construction may be that belonging to Class No. 1. Class No. 3 (a) comprises the concession or other roads of a town- ship, on which numerous farms front, and which converge into and create the traffic of the county roads of Class No. 2. On such roads there may pass from 5 to 50 vehicles a day. The more important of these deserve to be metalled with broken stone, if good gravel or other suitable material is not available. Class No. 3 (b) includes little travelled connecting or other roads, which should be graded and given such further treatment as cir- cumstances may permit. The relative importance of the several classes, from the builder's and administrator's standpoint, is a matter of cost; not so much the cost per mile as the total cost of each class. On that basis the trunk roads take a minor place and the great body of roads under township councils, rank first in importance. Gradients adopted, amount of camber or crown, width and depth of metal, foundation if any, drainage, binding material, and other details, should, as suggested, be largely dictated by the degree of traffic in accordance with a suitable classification, of which that sug- gested, may form a basis for the purpose of this paper. (Let me here suggest that a good road attracts and creates traffic so that the im- provement of any one road is likely to raise it from one class to a higher grade, which should not be lost sight of in planning construc- tion). A highway engineer should be an economist, for a design adapted to Class No. 1, should not be built where traffic requires only a road suitable for Class 2 or Class 3; or vice versa. Methods 34 AMERICAN ROAD CONGRESS of construction should be as simple and direct as proper results will permit. There should be a well adjusted average between maximum service and minimum cost. If this is studied with good judgment, the advocates of good roads need be less amenable to criticism respecting methods of finance. Class No. 1 Trunk roads Broken stone roads of the best class have been reduced to a few well-defined types, through more than a century of experience in England, France, Germany, and on this continent. The true macadam road has a well-drained and crowned earth sub-grade, over which is spread a uniform coating of broken stone of about 2 inches, in greatest dimension. The Telford road has a foundation of flat quarry stones, placed by hand, on edge, the angular points being chipped off by ham- mer, and wedged into the interstices; and over all is spread a coating of fine broken stone, in thickness about one-third of the total depth of the stone surface. The earth sub-grade is flat, and larger stones are used at the center of the road, with smaller at the sides, to give the desired camber. The roads built by Tresaguet in France, were substantially the same as the Telford road, and are usually included with it. In the French type, the sub-grade was cambered, and the foundation stones of uniform depth. A distinct type of foundation is that developed in Massachusetts, in which there is a slightly V-shaped sub-grade with a filling of cobble or field stone, a method which is claimed to give, more effectively than other types, the desir- able under-drainage. Experience has shown the superiority of roads with a foundation such as the Telford type, in reducing the cost of maintenance under heavy traffic. If the natural sub-soil is strongly supporting, such as dry, cemented gravel, the foundation may be omitted with saving of cost. Whether the Telford or Massachusetts type of foundation be followed, the writer believes that local material suitable for either should largely govern. The width of roadway between gutters or drains, and the width of stone should be guided by the amount and character of traffic, and should ordinarily be less in strictly rural districts, increasing as roads converge into city streets. A minimum width of grade for trunk roads, in the writer's experience, should be 24 feet with metal in the central 12 feet, and earth or gravel shoulders six feet wide on each side. STONE AND GRAVEL ROADS 35 Maintaining shoulders at 6 feet, and a maximum width of metal at 18 feet, the maximum width of grade need not exceed 30 feet. The camber of roads of heavy travel, should be the least possible, consistent with good surface drainage, factors to be considered being the quality of road metal, class of binder, and gradient of the road. As is well known, roads with a sharp crown encourage travel in one central line of wheel-tracks, while a flatter surface permits more uniform wear. A hard rock such as trap, or a bituminous binder, require less cam- ber than does soft material and an inferior binder, while a steep grade requires an increased camber to drain the wheel tracks. Trunk roads of the best class may be given an average crown of one-third or one-half an inch per foot from center to gutter. Class No. 2 County or main market roads Cost is always a factor, but in the case of county and township roads the problem is, more often than with trunk roads, one of limited outlay, or of obtaining the maximum results for a restricted expendi- ture. The general construction of stone roads of the best class, as briefly described, will form an introduction to roads of the more universal type. Roads of Class No. 2, cannot, as a rule, follow closely English, French, German, or other standard, but must be built with a view to the particular needs of this Continent, and of the locality. The need in most States and provinces is a long mileage, to be built as rapidly as possible, through districts where population is comparatively sparse. European engineers, would undoubtedly, if it were possible to recon- struct many of their roads, lay them with foundations, but the cost is prohibitive. No more is it practicable on this continent to build any but the most heavily travelled roads with expensive foundations. Instead, it is necessary to depend on good drainage, carefully main- tained, to keep the sub-soil dry and stong enough to sustain the road surface. Bridges have to be strong enough for the maximum load, and with waterway enough for the maximum freshet. So roadbeds should have sufficient drainage for the severest test, which in northern coun- tries is a period of thaw in the early spring, lasting usually for two or three weeks. If the sub-soil drainage is sufficient for that test- no break-up of the road crust need be feared at other seasons. 36 AMERICAN ROAD CONGRESS Old specifications for roads built in Canada before the period of railway construction required open drains on each side of the road, with bottom at least 2 feet below the crown. In many places the drain was deeper; and hills or spouty places were under-drained by trenches filled with field stone. Such roads have stood the test of time, and may be accepted as the standard of drainage required for the north; except that tile under-drains are taking the place of open ditches where they would otherwise be dangerous, unsightly, or diffi- cult to maintain. Drains of porous farm tile keep the sub-soil at its dryest and prevent uneven settlement of the road crust into mud which is as destructive to a road when below the surface as when on the surface. Some counties of Ontario are using tile drains the full length of all their roads. Others use them only on wet and spouty hills; on level land which is exceptionally wet and retentive; or where the open drains would otherwise have to be dangerously deep to give sufficient fall and outlet. In the last case, the tile may carry some surface drainage, receiving it in catch-basins. Closely associated with drainage is the grading of the road. Before a road is surfaced it should be brought to grades that ensure perman- ence. Hills should be cut down, low places filled, and the earth work brought to a substantial turnpike. The road surface will need renewal, but the grade, if properly made, will outlast even the bond issue. On roads of a secondary class, elaborate surveys are unnecessary. A good foreman can obtain easy, flowing gradients by grading from point-to-point, and would probably disregard stakes and profiles except in cases of extensive cuts and fills, new locations, tile drains, or doubtful surface drainage. Roads laid on an earth foundation should be given a higher crown when newly constructed, than is desirable for perfect condition. Settlement will assuredly occur, and unless the road is too high to begin with, it will become too flat. A road of Class No. 2, which in two or three years has settled to the desirable camber, will give the greatest degree of durability, with least expense for maintenance. One inch to the foot from center to gutter or edge of shoulders, for a completed, rolled road, will meet ordinary conditions. With a circular cross section, the greatest part of the fall is on the earth shoul- ders. The cost of a road, unless earthwork and drainage is of an excep- tional kind, will depend on the width and depth of broken stone used. Wide, flat roads are desirable, but narrow roads with a good camber, STONE AND GRAVEL ROADS 37 cost less to build, and much less to maintain, unless a highly organized system of maintaining is created. We have, for this class of road, found an earth grade 24 feet wide, shoulder to shoulder, to meet most conditions; which may be reduced to 18 or 20 feet for least traffic. With shoulders 6 feet wide, the stone is put on from 8 to 12 feet wide. The consolidated depth of metal on roads under the writer's super- vision, is based on 8 inches for a moderately strong clay or sand sub- soil. This is modified according to the anticipated amount of traffic and quality of stone to resist wear; the maximum concentrated wheel loads; local tire widths and wheel diameters; bond of road metal and consequent distributing effect of the metal crust; the supporting strength of the sub-grade and opportunity for drainage all details of interest but which cannot be dwelt upon within the limits of this paper. Bituminous binders may be justified for heavily travelled suburban or motor roads of this class, but present practice in Canada tends to oiling as a preservative and dust preventive, owing to the less first cost of water-bound macadam. Class No. 3 Township roads Reduction of cost to meet township conditions requires that town- ships have, as their ideal, the cheaper class of roads adapted for main county roads. Grading is cheap, and should be perfected before metal is applied. Neglect to provide easy flowing gradients and to sufficiently drain and turnpike are mistakes fatal to any road. Minor municipalities can make no mistake in placing the perfect earth road as an ideal base for such metal surfacing as their resources will permit. An earth-grade from eighteen to twenty-four feet, shoulder to shoulder, should be made, and a single track laid eight feet wide, of gravel or broken stone. BINDER The durability of a road is largely dependent on the binder, and the cementing qualities of the stone dust, in producing a water-proof sur- face, if tar or other bituminous binder is not used. The writer is strongly in favor of the use of stone screenings as opposed to sand, and has very rarely found gravel or sand sufficiently clean, coarse, and sharp to satisfactorily take the place of screenings as a binder. Wherever practicable, stone screenings are to be recommended, par- 38 AMERICAN ROAD CONGRESS ticularly the screenings of certain classes of limestone; the superior cementing qualties of which make it a better road metal than its degree of toughness would justify. Limestone screenings are exceed- ingly useful with water-washed gravel or with broken granite or trap. COURSING STONE A uniform grade of stone, rather fine, is desirable in finishing the surface of a road, and is necessary where a very hard stone such as trap is employed; but this may be sought at considerably increased cost, and is not always necessary for suitable results. It adds to the cost of a road to spread the stone in several layers. Municipalities using portable crushers particularly, will find a rotary screen with two sizes of mesh very satisfactory. This will produce, (1) "tailings," or the stone too large to pass through the screen; (2) the middle course, a uniform grade to form the main body of the road; and (3) "screen- ings" to bond and finish the surface. The tailings should be spread in the bottom of the road and covered to the required depth with the uniform grade; and this, after rolling, may be lightly coated with screenings and rolled. If a very tough stone such as trap, the screen- ings may be such as will pass a one-inch mesh, or a 1^ inch mesh if limestone; and the uniform grade of stone may be two inches for trap, and three inches for limestone, with the screenings removed. Crush- ing and handling are cheapened by this system and, for water-bound roads, a smooth surface results. LOCAL MATERIAL AND COST Trap or other tough rock brought from a distance by rail in prefer- ence to the use of soft local material, may be justifiable for surfacing heavily travelled main roads; but it is safe rule, if applied with dis- cretion, that local material, if it exists, should be used. Much will depend on the teaming required, but for moderate wagon hauls up to two miles, on highways of the second and third classes, the writer has commonly found gravel roads being built for $100 per mile for each foot in width of metal; if local broken stone is used, the cost is, all things equal, about doubled, or $200 per foot; and if imported by rail, about $300 per foot. Taking then, a road not requiring much grading and with 8 feet of metal and 8 inches in consolidated depth, the cost might be stated, for cheap construction at $800 a STONE AND GRAVEL ROADS 39 mile for a gravel road; $1600 a mile for a road built of local crushed stone; and $2400 per mile if the stone is brought in by rail. These are minimum prices. GRAVEL ROADS Gravel in general is inferior to broken stone as a road material, but if of a reasonable quality, is suitable for roads of the third class township roads and for many market roads of the second class, but unless of exceptional quality is deficient for heavy traffic. The rounded pebbles do not take the mechanical clasp that pertains to fragments of broken stone, while the sand which it usually contains is not equal to stone screenings as a binder. It may contain lime or iron, improving its bonding qualities, but as a rule it is not water- proof and ruts readily in wet weather, especially if it contains sand, clay or loam in excess. The best quality of gravel is of varying sized grain up to 2 inches in greatest dimension, with only sufficient fine material to fill the voids between pebbles. It should be clean and made up largely of a uniform grade of pebbles qualities rarely found in natural pit gravel . Gravel pits containing a mass of large stones and boulders should be treated as rock, and put through a crusher. Gravel which is not coarse, but which is "dirty, " should be screened to remove the excess of sand or clay. A rotary screen may be used, operated by steam, the gravel being dumped into a hopper from which it passes through the rotary screen, and from the screen to an elevated bin, from which the screened gravel is again loaded into wagons to be taken to the road. By means of the elevated bins the expense of shovelling into wagons is saved, the time of teams and teamsters is saved, and a well arranged plant will, under favorable circumstances, pay for crushing and screening, This is particularly the case if a pit near the work can be used rather than to team better material a long distance. METHODS The methods of construction will largely determine the cost. Machine work is cheaper than manual labor. The cross-section adopted should therefore permit the maximum amount of machine construction. Particularly for the cheaper class of roads, the grading machine, in treating with old locations, should do most of the earth- work, supplemented with wheeled and drag scrapers. The cheapest 40 AMERICAN ROAD CONGRESS and best plan, in the writer's experience, has been to make the earth sub-grade, shoulder to shoulder between ditches, almost flat, or with a central rise of about three inches for a 24 foot grade. When this is rolled the stone is spread to the desired width in the center, then with the grading machine, earth is drawn from the shoulders to support the stone, thus completing the camber. The stone is rolled dry to level the surface, the screenings are then spread, sprinkled and rolled till consolidated. To grade the road and then excavate a central channel to receive the metal is a more expensive method, and is apt, for roads without a foundation, to place the stone too low for good drainage, producing what may be termed a "water-logged" road. Instead of the camber and turnpike being high enough to allow for settlement, it is apt to be made too low and flat. ROLLING As distinguished from earlier road making, modern construction has been largely influenced by machinery, especially grading machines, rock crushers, and road rollers. The smaller municipalities of Can- ada, commonly use graders and crushers, but the purchase of a steam roller is too often delayed. It is to be pointed out that the cost of a roller is by no means an additional expense, since rolling effects economy in several ways. Coarser stone can be used in a road that is rolled, so that the cost of crushing is reduced. With coarser stone, the road is stronger to resist wear, and is more securely bonded than if first rutted and mixed with mud. Less stone is required in a rolled road, as loose stone is largely forced down into the mud before the surface becomes water-proof, or is knocked to the ditches by traffic. Without rolling, roads demand attention for one or two years, to rake the stone to place from time to time; the earth shoulders have to be restored and levelled where cut up and destroyed by traffic ; new mate- rial has to be added to fill hollows and ruts. By rolling the sub-grade, the wet or weak spots are developed, which can be drained or filled with earth and again rolled to produce a uniform foundation; thereby reducing the quantity of stone which the road would otherwise absorb. Long lines of loose stone left for traffic to consolidate are a most objectionable obstruction to travel, and bring road-building into disrepute. On the other hand, a road built with a heavy roller is a complete work, in perfect condition when finished. Rolled roads are a revelation to those who have been accustomed to and who STONE AND GRAVEL ROADS 41 expect only old-time methods and results. For economy, service, and to popularize the work, rolling should be regarded as essential for every class of gravel and stone roads. CHAIRMAN PARKER: We would like to hear from Mr. Bigelow, highway commissioner of Pennsylvania, for five minutes. MR. BIGELOW: Now, Gentlemen, what I am going to do is one thing, and what I have done for the State amounts to nothing. In Pennsylvania we are just waking up, I am sorry to say. When we woke up we found about as poor roads as in any State in the United States; but I have made a start, and the legislature has given me over $5,000,000 in cash, to spend next year, and the next year after that, 1913, I will have for the first part of the year $5,000,000 additional, and beginning with about the first of June, $50,000,000 additional to that (applause). They passed a bill and fixed routes in the bill covering 8000 miles of roads. You gentlemen who are accustomed to building roads know that 8000 miles of roads is going to cost more than $50,000,000. But we have no doubt in Pennsylvania that we will get the money; we are a very rich State, and my opinion is that before we get through we will spend more than $150,000,000 (applause.) I have traveled over the State since the middle of July in an auto- mobile, over between 5000 and 6000 miles of road, and we are going to go to work as fast as possible and get them in condition. Since the first of July we have started the work over the mountains, 50 miles, and we will finish that before the next season opens. We have let the contract and are working on 12 miles of the Juniata River; we will finish that before the first of the season. We calculate that we will build 300 miles of roads next year, and get ready for the $50,000,000 at the commencement of the next year (applause). The road subject is not a new one to me, I have been at it for forty years. Conditions have changed, though, and you know the top metal or the top course is the important one at present for wear. I found a road in Pennsylvania, built in 1818 by the United States government; they put in a good foundation, and there are miles of it there today. That is what we want to try to do now, build from the bottom up and not from the top down. I found in traveling over the country that the idea seems to be growing to build cheap roads, to get them for $4000 a mile, $3000 a mile, or $2000 a mile. You can't do it. You might build a mud 42 AMERICAN ROAD CONGRESS road for that. Now I am not going to build cheaper roads, I am going to try to learn a lesson from the government road, that national pike, so that if they look at my roads, a hundred years from now, they will find something left there; I am given a free hand, I am responsible to no person; if I do not build the roads right and lasting, I will be damned, and I am not going to be damned (applause). In the last five or six or eight years, we have had all kinds of " ites " Warrenite, McNickelite, and a great many others. Now you ought to be very careful about putting those "ites" down on top. If that is the proper pavement to put down for the location, build it right, build it from the bottom up, build the foundation right. We are going to build in that way to the adjoining States, and try to connect up and get a system; and after we get some of those roads built, we are going to take care of them. We have in Pennsylvania today, 800 miles of what are known as State roads, built by the State to be taken care of by the townships. I will venture to say that there has not been 10 miles of the 800 taken care of since it was finished. The result is that they are worn out and have got to be rebuilt. Beginning with the first of December, of this year, we are going to establish a maintenance department cover- ing the entire State; and under the act I am entitled to fifty superin- tendents. If it is necessary, we will have fifty districts with all neces- sary machinery for each district; and after that we are going to have a patrol system on every road, and every patrolman will have his wheel-barrow, his pick and shovel and barrel of tar to fix the little holes and keep the road constantly in repair. That is the secret of road building and maintenance, to build from the foundation up and to keep the roads constantly in repair, and that is what we are going to do in Pennsylvania (applause). CHAIRMAN PARKER: We will now hear from Mr. Cooley, of Minnesota. MR. COOLEY: I did not know I was to be assigned any place on this program; I understand the meeting today, was for the benefit of the engineers and contractors, in order that we might exchange our views and learn from each other. Now the best way we can get new ideas here, is for each of us to give a little of the history of his own State, and so learn from others some of the history of other States. Minnesota has about 80,000 miles of road and about 80,000 square STONE AND GRAVEL ROADS 43 miles of territory, so we have about one mile of road to each square mile of territory. Our system of State roads is different from the general rule. Our highway commission does not build any roads, it does not establish any State roads, but that is left entirely to the counties. The county designates certain roads out of the 80,000 miles as State roads; the object of giving them that name and putting them under the jurisdiction of the State, is in order that the highway commission can enforce the regulations in regard to them, which pro- vides that whenever a road is designated as a State road, it must thereafter be maintained under the rules and regulations of the high- way commission. Our 80,000 miles of roads consist almost exclu- sively of earth roads, at least 95 per cent of our roads are earth roads and will be for several years to come. The proposition before us today is not the construction of expensive macadam or gravel roads, but the building and maintaining of roads that metal may be put on in the future. It resolves itself into two things; first, complete and proper drainage, and next, complete and proper foundation. So looking forward to the time when we will have a system of expensive macadam roads, we are establishing a plan of having such repairs made in a permanent manner. We do not allow any perishable mate- rial in them, because that would detract from the foundation. When we come to build our good roads, we will have the experience of our predecessors and their failures to guide us, so that we will not make the same blunders that are being made today. That, in brief, is the history of road-building in Minnesota. We appropriate each year a small amount; heretofore it has been one- twentieth of a mill tax. Next year we will have $300,000 to spend, and we do not spend that money ourselves, but it is provided that the county shall receive a certain proportion, not more than three per cent nor less than one and one-half, and that money is expended under the highway commission. If we carry a proposed amendment to the constitution, it will give us a one mill tax, and after 1913, we will have one and a quarter million dollars, and the counties must put up as much as we put up. All the work done on the roads is done under men appointed under the supervision of the highway com- mission. We have fifty roads engineers now, and we are putting in a system of patrols as an experiment to demonstrate the value of a continuous road maintenance force. The roads of Germany and England and the Scandinavian Peninsula, owe their excellence, not to the excellent way in which they are built so much as to the excellent 44 AMERICAN ROAD CONGRESS system of maintenance; and we think that for the permanent improve- ment of roads it is necessary to adopt a complete system of mainten- ance. CHAIRMAN PARKER: The next to address us is Captain Wilson, of Virginia. There is nobody in Virginia who is not acquainted with him, and a great many outside of Virginia know him. His distinction has reached as far as the backwoods of Massachusetts. EARTH AND SAND-CLAY ROADS CAP'TAIN P. ST. JULIEN WILSON State Highway Commissioner of Virginia From the best information obtainable we learn that only 8 per cent of the roads in the United States are hard-surfaced. When we consider this fact together with the cost of surfacing roads under favorable conditions with stone or gravel and the impracticability of doing it at all in many sections of the country on acccount of the absence of the surfacing material, we realize at once that the question of the proper construction and care of our earth roads is a most vital one. When properly constructed, well maintained and judiciously used the earth road fills the requirement of country traffic for much the large portion of the year; the period of bad roads varying with climatic conditions and the material of which the road is composed. In the construction of earth roads the location is of first importance. This, after all, is the only really permanent thing in connection with any class of road, and, if possible, is of more importance to the earth road than to any other because its surface has less power to withstand the bad effects due to improper location. In making locations many conditions have to be considered together, the two most important of which are the grade and drainage. The grade on an earth road should not be greater than 4 per cent or 5 per cent, that is a rise of 4 feet or 5 feet in 100, not 4 degrees as is provided in the old Virginia law and which is equivalent to 7 per cent; as a grade is increased beyond this rate the load which one horse can draw decreases very rapidly and with light vehicles it is about the maximum grade that a team will trot up or down without considerable difficulty. The grade of a road also seriously effects the maintenance. The steeper the grade EARTH AND SAND-CLAY ROADS 45 the harder the road is to maintain. The cross grade or crown of a road should not exceed 1 inch to the foot or 1 foot in 12 feet, which is about 8 per cent. The longitudinal grade of the road should always be less than the cross grade, otherwise the water will run down the road instead of across to the ditches, thus causing serious damage by washing. So for maintenance as well as for economic hauling the grade should be kept within the limit of 5 per cent, and considerable expenditures in grading or in acquiring new rights of way may be justified to secure such a grade. Where it is impossible to secure the low grades it will be necessary to construct water-breaks in the road to prevent the rapid flow of water down the center. The best form of break is in the shape of the letter V with the point up the hill making a drain to both side ditches, but however well constructed these breaks are, they are hard on vehicles and a serious inconven- ience to travel, and are not recommended except as a last resort. Thorough drainage is absolutely essential for a good road. The water should be taken off of the road as rapidly as possible and then away from the road at frequent intervals. To accomplish this, there must be a crown or cross grade to carry the water to the side ditches. This crown, as stated before, should not exceed 1 inch to the foot; if too steep, it will cause too rapid a flow and consequent washing of ruts in the surface. However it will have a tendency to concentrate the traffic in the center of the road, and therefore, on only a small portion of it causing rapid wear and wheel ruts, these ruts in time collecting water and starting a flow down the road. The water delivered to the side ditches should be carried off immediately by those ditches, on a uniform grade with no holes to form pools from which the water will soak under the road and soften it. In the construction of all ditches care should be taken to slope the banks sufficiently to prevent their sloughing in very wet or freezing weather and stopping the ditches. The side ditches should be relieved frequently by cutting drains away from them or carrying the water under the road in culverts. Large quantities of water accumulating in ditches when flowing rapidly scour them and soon seriously damage the road. It is always best, of course, where possible, to keep a road on high ground, but when it is necessary to go on low marshy ground, the road-bed should be well thrown up and the ditches deepened sufficiently to thoroughly drain the foundation. Another thing to be considered in the location of a road is sunshine. Always locate an earth road where it will get as much sunshine as 46 AMERICAN ROAD CONGRESS possible unless the material is very sandy. A road of deep sand is always best when wet, like the seashore at low-tide. It is always well to consider the material over which a road is to be located. Soils vary greatly in road-building qualities as they do for agricultural purposes. As a rule, the clays and soils of fine texture make poor roads while the coarser and sandy soils make better ones, of course, topographical and other conditions will often prevent the location of a road over the best material which is almost immediately at hand. In such cases the surface of the road can be greatly improved at small cost by covering the whole road or the worse sections of it with this near by material. In the construction of earth roads as with others, the surfaces should be made uniform. Always fill a depression with the same material as that in the road. Do not fill a mudhole with stone and in a short time have two holes, one at each end of the pile of stone, or with brush or vegetable matter, which will SOOD decay and form a spongy spot to absorb the moisture. In quite a large section of Virginia, we have found top soils which make excellent road-surfacing material. In one county we have constructed some fifty miles of this road (at a cost averaging $900 per mile) which compares very favorably with gravel roads built in other sections at considerably greater cost. The method of con- structing these soils roads is extremely simple ; the material is spread upon the road about 12 inches deep at the center, the thickness decreasing to 8 inches at 6 feet or 7 feet from the center and nothing at the edge of the ditch, the crown being about \ inch to the foot. The road is kept in shape by use of the road machine or road drag until it is compacted by traffic and one or two good rains, this method being found for this particular kind of work equally as effective and much less expensive than rolling and sprinking. In localities where these soils are to be found in any quantity we find more or less fre- quently sections of road which keep in good order always. If material similar to that composing these sections is used on other portions of the road, good results may be looked for. Another improved earth road very generally used throughout the South is the sand-clay road, made, as its name indicates, by a mixture of sand and clay. In large areas in the Atlantic and Gulf States the materials for this class of road are abundant and not infre- quently they are found already mixed by nature in the right propor- tions to form an excellent road. Where such sections of natural sand- clay road are found one cannot do better in building a new road then EARTH AND SAND-CLAY ROADS 47 to duplicate the mixture already proven satisfactory as suggested above in connection with soil roads. The ideal sand-clay road is one in which there is just enough clay to fill the voids between the grains of sand. Any surplus of clay tends in wet weather to soften the road, to stick to wheels and con- sequently form irregularities in the surface of the road. On the other hand, a surplus of sand causes the road to disintegrate in dry weather when the sand will be removed by traffic with the same result. To secure the best results, therefore, sand must be added when there is a surplus of clay and clay when there is a suplus of sand. The amount of sand or clay, as the case may be, to be added to the road has to be determined largely by experiment in each case as the materials vary greatly in quality, the tendency is rather to use too little sand on a clay road or too much clay on a sand road. We have often gotten very good results when there was from 2 inches to 4 inches of loose sand over a sand-clay subsoil by simply plowing the road and bringing some of the clay to the surface and mixing. In the construction of sand-clay roads it is absolutely essential that the ingredients shall be thoroughly mixed and puddled. This is most easily done after a heavy rain, the sand or clay having been pre- viously spread, and, if clay, all lumps having been broken, the mixing may then be done with a plow, or better, with a disc harrow. This mixing is sometimes left to be done by the passing traffic, but that should be avoided when possible. It is frequently necessary to make several applications of clay or sand to portions of a road before a proper mixture is secured. After the mixing has been completed the road should be kept in proper shape with a road machine or drag, as it dries out, and kept with the proper crown until it becomes compacted. All that has been said in connection with the location, drainage, etc, of earth roads is equally applicable to sand-clay roads. After a road is built, whether of plain earth, or with some surfacing material it should be kept as nearly as possible in the improved con- dition; that can only be done by constant care and frequent repairs these may be slight and inexpensive, but they are nevertheless imper- ative. No annual or semi-annual round of repairs will keep a road in first class condition. One day's work each month on a road is far better than twelve days' work once a year. A choked culvert or a ditch can be opened at small cost, but, if left stopped, will cause damage to the road many times more expensive 48 AMERICAN ROAD CONGRESS to repair. In cleaning out ditches the material should not be thrown into the middle of the road to raise the worn down center or to fill ruts or holes, for this material is generally composed to large extent of vegetable matter and fine silt and will make the road soft and spongy. Nor should it be placed along the edges of the road, I have not infrequently seen a road force cleaning out the ditches to drain a road and deliberately distributing material along the edges of the road, thus forming a dam to prevent the water from flowing into the ditches. This material should be thrown entirely out of the road and far enough away not to be washed back into the ditches by the first hard rain. For the maintenance of the surface of an earth or sand-clay road probably no implement is so effective or cheap as the road drag, the most common and widely known form of which is no doubt the split log drag. Pamphlets descriptive of this implement and its use may be obtained from any State highway department or from the Office of Public Roads at Washington. A suggestion in reference to it may not be amiss here : Do not make the drag too heavy a great many people in beginning the use of a drag seem to have the idea that the heavier it is the more work it will do. This is a mistake it is much more effective when light. A drag should be used after every heavy rain, though good results have been obtained by using it less frequently, say once in three or four weeks. The dragging should be done when the soil is moist but not sticky. If the road is badly rutted or full of holes, one dragging while it is quite soft is beneficial. In order to keep earth roads in fair condition in winter, some limit should be fixed as to their use, Heavy loads hauled over them on narrow tires when they are soft will necessarily destroy the smooth surface. If the general use of wide tires could be inaugurated, it would, in my judgment, do more for the protection of earth roads, than any other legislation, and, if the people are given a reasonable time in which to substitute them for the narrow ones, no hardships would be worked. CHAIRMAN PARKER: The chair will call upon Mr. Marker, State Highway Commissioner of Ohio, to discuss the subject of the paper. MR. MARKER: I was rather taken by surprise a few minutes ago when I came into the hall and was told that I was expected to get EARTH AND SAND-CLAY ROADS 49 up here and tell you folks what we are doing in Ohio. I try to keep out of such entanglements myself; I am not a public speaker, and since you have all listened to a flow of oratory ever since you have been here, I feel that I am a little out of place. But, laying that aside, I feel that I ought to say something in my own humble way, concern- ing our State of Ohio. Highway development in our State is about seven years old. It was begun in 1904, and it was merely a nibble at that time. The department was composed of the State highway commissioner, one deputy and three division engineers; the appropriation was very small, divided among many counties, and the department proceeded to build sample pieces of road in various places. These roads or samples were selected in most instances, by the county commissioners of their respective counties, and I want to say that the people in our State are looking out for themselves in a measure, and it is peculiar to say that these samples were selected many times alongside the commis- sioners' homes. The old law operated for about six years until last year, and the growing demand for good roads necessitated a change. Under the McGuire bill which was passed at the recent session of our legislature, the department was reorganized and we now have at the head of the department, the highway commissioner, with three deputies, eight division engineers, and numerous resident engineers, clerks and stenographers and the nucleus of a library. We have three bureaus, the bureau of maintenance, the bureau of construction, and the bureau of bridges. The bureau of maintenance is supposed to take care of the State roads, or those roads built by the use of State money; at present the bureau of construction is classifying the roads of the State under what is known as the inter-county system. The bureau of bridges is taking care of the bridges on the pieces of road constructed by the department, and they are obliged to prepare plans and specifications for bridges for any county that may ask for them. At present that is not generally known throughout the State, or we fear that our department would not be able to supply the demand. We have in our State about 90,000 miles of road, in round numbers, about 5000 miles of which are free delivery routes, and about 8000 miles would fit into an inter-county system. Our levy gives us this year about $630,000 for the construction of roads. This money is divided equally among the eighty-eight counties. Before any of this money is applicable to a county, the county must raise an equal amount or more; so we have, approximately, for construction this 50 AMERICAN ROAD CONGRESS year, $1,000,000. We feel that this amount is but a drop in the bucket for the building of roads in our State. Next year we contemplate building about 200 miles. Assuming that we would continue to build 200 miles of road a year, to construct all the roads of the State would take us about four hundred years; to construct 8000 miles would take us about forty years. Now we want good roads in our own day, we are not looking forward to the future to such an extent that we want to build and prepare for posterity and pay for these roads and deliver them over in good shape. We have the method, we have the equipment to build roads, but we have not the funds sufficient to build them, so we are working towards that end. The present State constitution limits the State in the issue of bonds to about $750,000 for all purposes; if that were divided up equally, it would not mean . much for good roads. The next constitutional convention will assem- ble in January, and the good roads enthusiasts in our State are going to force through a raising of the bond limit that we may be able to bond the State for the sum of $50,000,000 for good roads. That is our program and that is what we are working towards. We want State aid, and we are not going to stop at State aid; we are for Federal aid. We are pledging our congressmen, and we are pledging our senators; and we hope in the course of ten or fifteen years, to have the roads in our State up to a very high standard, and we expect to do that by getting more means. We want the federal government to help us and help the rest of you (applause). CHAIRMAN PARKER: The program will now proceed with a paper delivered by Major W. W. Crosby, of Baltimore, who is the State highway engineer of Maryland. BITUMINOUS ROADS MAJ. W. W. CROSBY Chief Engineer, Maryland Roads Commission It is not the purpose of the speaker to trace the history of bituminous road work from the early efforts of the Peruvians, nor even to review the work of this country for the past forty years, but rather to touch merely on some of the points in it at present of so much common interest and, in so doing, perhaps to suggest a thought or two that may be of value in stimulating consideration and discussion of this impor- tant subject. BITUMINOUS ROADS 51 For surfacing roads usually called " streets" in cities, the larger practice with bitumen has been to use it in the form of asphaltic cement, such as in sheet (or block) asphalt pavements. Such pave- ments, under proper conditions, give good satisfaction at reasonable expense. The first cost of them varies between $1.50 and $3.50 per square yard, however, and in recent years an effort has been made to secure a similar surface, of even wider applicability, at reduced cost. Incidentally, success in this line would offer a much needed surfacing for filling the gap between the best macadam cheap but sometimes of questionable satisfaction, and the rather expensive asphalt pave- ments referred to. In this effort, the use of cheaper bitumens such as the tars for instance has been tried and also new methods and mineral materials for the body of the pavments cheaper than the graded hot sand required for the sheet asphalt. Much success has been had and, naturally, some failures. This work, as a whole however, in the cities has been so like the development of the country roads along the same lines, and the distinction between a highly developed country road and a minor street in a city is so lacking in clearness that we probably may proceed, with this reference to city work, to the consideration of road work proper. Bituminous roads constitute a modern development to meet both the actual needs under modern traffic and the desires of modern civilization for greater efficiency, comfort, satisfaction and better sanitary conditions. The advent of the motor vehicle has greatly changed the conditions under which a road existed. Good roads are in greater demand owing to the greater radius of action of the auto- mobile. Smoother roads are more desired because of its sensitiveness, at its greater speeds, to the slighter inequalities of the road surface. More cementitious surfaces are needed, due to its ability to destroy the bond of the stone surface, to cause internal friction and wear of the pieces of stone forming the crust, and to render the road thus more susceptible to the elements. And further, the dust, which formerly laid on a good road surface and, which, when not too profuse, was not only not seriously objected to, but was of some actual value in the protection which it afforded the stones composing the road, has been violently brought to our attention by the motor so violently and powerfully in fact that we are now well aware that, under present conditions at least, the disadvantages, discomforts, and unhealth- f ulness of this dust far outweigh any good it may formerly have pos- sessed. 52 AMERICAN ROAD CONGRESS None of us believe that the remedy for this state of affairs is the aboli- tion of the motor-vehicle. Most of us who do not possess one are looking forward to the day when we may, and most of those who already are fortunate enough to own one are anticipating the posses- sion of two or of more. So the remedy seems to be to cure the defects of the road. And the speaker wishes to here again repeat what he has frequently said before, i.e., there is no one "best way" nor one "best material." The decision as to method or material to be used must depend in each case upon conditions of traffic, availability of different materials, desires of locality, and probable changes of conditions during the life of the work decided on to be done. A clear recognition of this fact is important for good work and economy. It is somewhat sur- prising how often it appears to be overlooked even among those who would be expected to appreciate it most. Let us suppose now that we have the improvement of a certain road contemplated; that the details have all been worked out except as regards the road surface itself; that there is no question but that as soon as the road improvement is completed, a considerable number of motor-vehicles will use the road daily, say, not less than twenty every twenty-four hours. Then there is no question but that the road should be treated with bitumen either during or immediately after the construction of the surface with gravel, shells or broken stone, if economical and satisfactory maintenance is to be had. Its treatment may also be justified for other reasons. There may be said to be three ways in which a road surface may be treated with bitumens. There are (a) The mixing method; (6) The penetration method; (c) The method of surface applications after construction in the ordinary manner. A choice of these methods depends, as before stated, upon condi- tions. Such choice may be largely affected by traffic figures but it is not yet clearly established just what amount of traffic demands justifies a selection of one method from the others. We are acquir- ing information on this point and it is hoped it may soon be clear. Generally, however, the choice is largely affected by other consid- erations, such as of comfort, health and satisfaction to the users or abuttors and the speaker believes that in making the choice it is well to be on the safe side from all these view-points. It is almost inevitable that, once a road is well improved, the previous traffic records will become almost worthless except for historical purposes. BITUMINOUS KOADS 53 Consequently be believes that apparent extravagance in the choice at first may often prove later to have been true economy. Although the speaker referred to construction alone in the fore- going, the remarks apply equally well to reconstruction or repairs to a road that has deteriorated beyond the point where a surface treatment alone can be safely expected to relieve the needs. At this point the speaker must inject the remark that it is his opinion that reconstruction is often attempted when a thorough surface treatment is all that is needed not true economy. He is convinced that in the near future the use of proper surface treatments will be far wider and of greater satisfaction than it has been up to the present Now, the mixing method, as the term is generally understood, con- sists of mixing with the mineral material composing the wearing course of the road a sufficient amount of bituminous cement. This mixing is usually done at a plant off the roadway itself and even per- haps some distance from the site of the work. The materials may be mixed, either heated, or at the normal temperatures of either or both according to the method and materials employed, and by hand or by machinery for the purpose as desired. The mixed material is then taken to its place, spread and rolled and then frequently given a flush coat of bitumen and grit and again rolled. Satisfactory results from this method cost from 30 cents to $1.50 per square yard over and above what would have been the cost of an ordinary modern water bound road under the same conditions. The advantages claimed for the mixing method by its advocates include great uniformity of surface and of composition of same, maximum value of surface for materials used, economy in use of materials, maximum life of surface and economy of results. There seems to be no question but that the mixing method has been proved capable of producing high class results. There is grave doubt if it has always been the economical method to have followed, and there are many instances of its utter failure. The mixing method frequently involves a considerable invest- ment for machinery and this fact with the higher first cost has led to the development of the penetration method. In brief, the penetration method consists of simply applying a coat of pitch to the wearing course of the road just before the binding of this course by dusting, watering and rolling as usually practiced in modern water-bound work. The pitch may be applied cold if properly prepared, though it is usually used hot, After its application, the pitch is coated with grit and the road thoroughly rolled. The cost 54 AMERICAN ROAD CONGRESS of the penetration method varies between 10 cents and 60 cents per square yard, above the cost of water bound work under the same con- ditions, according to methods, materials and quantities of the latter used. The advantages claimed by its advocates include sufficient uniformity of surface, economy in first cost, economy in long run, simplicity of operation and avoidance of complicated and expensive machinery, not to mention freedom from interference by patent infringement claims. There is no doubt but that high class results can be secured by the penetration method. There are plenty of records of failures however. The method of surface treatment is only applicable to road surfaces already finished under other methods, usually to old or new water- bound work. In brief, the method consists of cleaning the old surfaces to be treated so that it shall be free from all fine material and refuse, even to washing it with water if this be necessary. After such clean- ing, and when as dry and warm as practicable, the pitch is applied; allowed to soak into the surface for a longer or shorter time as the material used may demand; then covered with grit, and rolled. The process of applying pitch and chips may be repeated immediately, or after an interval as may be necessary. Sometimes two or more applications of pitch and chips are necessary for satisfactory results, and the interval between applications may vary from a day or so to a year or more, depending on local conditions. The pitch may be spread by hand or machinery as convenient, and either cold or hot, as its character may permit. The cost of surface treatments varies from 5 cents to 20 cents per square yard. The advantages claimed for this method by its advo- cates include simplicity of work, economy of first cost and, in many cases, economy in long run, lack of serious interruption to use of the road, ease of repairs and renewal. Unquestionably satisfactory results have been secured under the method of surface treatments, and the speaker believes this method offers an easy and economical way for the revivifying of a road, about to otherwise need resurfacing at a far greater cost under old water bound methods or under either of the other two methods of employing bitumen. The earlier success of the mixing method and the consequent attracting of attention to this method led many road workers to rush into it, believing it to be a panacea for all the road ills they were familiar with. A little later its extravagance in many cases became apparent and the penetration method received some followers. Still BITUMINOUS ROADS 55 later the unnecessary expense of even this method became apparent for many cases and the method of surface treatments developed. Unquestionably, each method has its uses and the proper selection of one for a particular case is the end to be aimed at. The sphere of action of each is merged with or overlapped by those of the others and it will be some time yet before they can be clearly separated. The method of surface treatments is particularly applicable for use on old roads, and as water bound roads will predominate for the near future at least, so will surface treatments grow in use. The speaker is unable to wholly agree with a statement that has been made elsewhere to the effect that "the water-bound road is a thing of the past. " He is yearly building a hundred or more miles of water bound road and looks for such work to be continued indefi- nitely, as there are many localities where dustiness is less objectionable than increased first cost. But as these water bound roads develop traffic over them, and as their extent and age increases, there comes a time when treatment is demanded, and then surface treatment with pitch is often most advantageous and satisfactory. In each of the methods referred to, a variety of materials may be used. At the present time, except possibly in the case of certain asphalts used for pavement work, the critical characteristics of a bituminous material to insure its being satisfactory in use under any definite method or conditions are not settled. Gradually, experience with them is clearing up the probelm, but it is likely to be some time yet, owing to the variety already available and new forms yearly coming out, before definite knowledge will be had. Such knowledge will, of course, be hastened by co-operative effort, such as this meet- ing, and careful co-ordinated records of work done, which records are already being collected by the committee of the American Society of Civil Engineers. About all that can be said now is that certain materials will generally give good results; many materials will be satis- factory when properly used; some are extremely limited in their application; and some are practically worthless. In the foregoing, we have perhaps dealt mainly with the use of bitumens or pitches in connection with ordinary road materials. And, it may seem that it all was toward the end of improving what would, in many cases, have been a fair road, or under earlier condi- tions have been an excellent road. There is, however, another large consideration for the wider use of bituminous materials in road work. By such use, many materials otherwise unfit for road surfaces such 56 AMERICAN ROAD CONGRESS for instance, as the harder sandstones, granites, flints, etc., without binding powers can be most satisfactorily availed of to great advant- age in many cases. Also, by the use of bituminous materials, oyster shells, marl and even sand, can be made to cheaply form a road surface that is both highly satisfactory and most economical in a great many instances. And again, by the use of a relatively light and cheap "carpeting" of pitch and stone chips on its surface, the speaker believes many, if not all, of the defects of concrete for a road surface will be overcome. If so, a large avenue is opened for progress toward satisfaction and economy. The selection of proper methods and materials to fit the conditions is the particular province of the unbiased and competent expert, and should not be attempted by the inexperienced nor entrusted to an ignorant or prejudiced party unless failure in some feature of the work is to be expected. The speaker wishes to briefly suggest two thoughts more : The first cost of bituminous roads is not a correct basis for the proper comparison of either materials or methods, for desirable, even satis- factory as such roads may be, they, like all other roads, require also maintenance, and this maintenance means expense even though re- duced from the earlier figures for such work. And such maintenance should be, with bituminous roads as well as with any others, prompt, sufficient and efficient. MR. PRATT: Mr. Chairman, as we all know, the work of this Association and the progress of this congress will be made known to the public in general, not by the speeches made here, not by the papers read, but through resolutions that this congress adopts. As the work of the committee on resolutions is going to be very hard work, and the men on that committee will have to give up their whole time, and miss a great many of these sessions, I would move that the committee on resolutions be completed now and appointed by the chair so that they can begin their work Seconded and adopted. CHAIRMAN PARKER : I will announce the names of the committee, which is the result not of my wisdom but the united wisdom of a great many minds. The committee is as follows: consisting of four- teen names, I think. Chairman, T. Coleman du Pont, Delaware; Leonard Tufts, North Carolina; Jesse Taylor, Ohio; W. A. McLean, BITUMINOUS ROADS 57 Toronto; J. A. Stewart, New York; W. W. Crosby, Maryland; W. D. Sohier, Massachusetts; Mr. T. G. Norris, Arizona; Mr. R. J. Potts, Texas; W. J. Roberts, Washington; P. St. J. Wilson, Virginia; R. A. Meeker, New Jersey; Colonel Sidney Suggs, Oklahoma; Dr. J. H. Pratt, North Carolina; A. N. Johnson, Illinois. MR. KENYON: Mr. Chairman and Gentlemen of the Convention, I am not expected to make a speech, and I am only going to take a very few minutes now. I cannot refrain from making a suggestion in regard to bituminous roads. We have all seen so many excellent examples, that we wonder why there are not more of them; and then the minute we come to make a particular study of how to obtain them, to make sure that we will get good ones, we find all sorts of difficulties confronting us at every turn. We look into the surface treatment, and we say, " Oh, my, how did you get this success? " The same is true of other methods. We are making progress, but we are not going to make a great deal of progress until we are able to standardize in some way these bituminous materials. It seems to be the idea of almost everyone that the chemist is the one to make this solution. I do not believe that we are going to have much success as long as we follow that idea. You remember that when we commenced with Portland cement, they said it was a chemical problem and it was for the chemist to solve, and we made very little progress as long as we followed the chemist; finally we obtained a method of determining the physical qualities of the cement under certain conditions of temperature and moisture; and by always mixing it the same way we found that it would stand 300 or 400 pounds pressure per square inch, if not more, by the test of the crushing strength and the tensile strength was also tested, and when we found certain standards we adopted them, and the results have been uniform and there has been little trouble since. When we determine that as to bituminous cement, and some are working along that line now, then we will have success and get the similar results with it as we do with Portland cement. One suggestion I haven't heard anything about, in any of the papers, and I want to commend it to the road-builders and engineers, is in connection with the penetration method of making bituminous pitch roads. I was going with Colonel Brodie, of Liverpool, England, over some bituminous roads he had constructed by the penetration method, and he made this variation from the ordinary method of handling the materials. He heated, of course, the bituminous material, which in 58 AMERICAN ROAD CONGRESS that case was pitch or refined tar, and just before he poured it in the road he incorporated in it about 50 per cent of hot fine sand, not so much that it did not pour, and the man who attended the tank kept stirring it, and another man dipped it out and poured it on the road. You could see the sand cling to the rocks on which it was poured, and it held the pitch in place. It is known that in all bituminous cements the adhesion to other surfaces is greater than the cohesion to itself, consequently he got in that mass double strength. I saw some pave- ments that he told me were laid eight or nine years before, in that way, and really I was astonished to see how well they had endured. I haven't seen anyone who has tried that plan in this country. I suggest it to you. It looks good to me. The results that I saw were good, and I commend them to the consideration of those who study the problem. I am much obliged to you gentlemen for listening to me this long. MR. GULICK: I would just say a few words. Bituminous roads are all right for cities, but not for the country, we can't afford it. Now what are we going to do? We have got to have something else, we can't afford to go to that expense; any of you men who live a good ways out from town know that. CHAIRMAN PARKER : The next speaker is that well-known charac- ter, Mr. Arthur H. Blanchard, formerly of Rhode Island, and now of New York. There is probably nobody in this country who knows as much about road building as Professor Blanchard, and he is going to give you some of the matters relating to the cost and maintenance of roads. ROAD COSTS AND MAINTENANCE ARTHUR H. BLANCHARD, M. AM. Soc. C.E. Professor of Highway Engineering, Columbia University, New York The propaganda of the American Association for Highway Improve- ment contains the following important fundamental principles: First : " The elimination of politics from the management of public roads. " Second : 'The introduction of skilled supervision in the manage- ment of public roads." Third: " Continuous and systematic maintenance of all roads." ROAD COSTS AND MAINTENANCE 59 Fourth: "The classification of all roads according to traffic requirements. " It is only through the medium of the recognition, dissemination and fulfillment of these axiomatic principles that the important prob- lem of the adoption of that type of road or pavement best suited to local conditions from the standpoints of economy and efficiency can be successfully solved. The determination of the most economical and efficacious method of construction and maintenance to be employed on roads of various classes constitutes one of the most interesting subjects which the highway engineer has to consider. The solution of the problem depends upon many variable factors, all of which must be given due consideration and the proper value attached to each. The great variety of materials and methods of construction and maintenance used, together with the absence of such essential information as traffic censuses, cost data, etc., makes it a difficult matter sometimes to reduce all of the different types of roads to a comparable basis for a given location. It is only within the past few years that any- thing has been done relative to a scientific method of taking traffic censuses on trunk highways. At this time, however, there is consider- able valuable information relative to the construction or maintenance of roads to meet modern traffic conditions. Another source of con- fusion is the conflicting reports as to the results obtained by the use of a certain method or material. In many localities where engineers have adopted some one general method for construction or maintenance it may be found that such methods, although they may be successful as far as use is concerned, are not the most economical types which aro equally efficacious. The cost data covering construction furnished by many highway officials unfortunately is so brief that it is practically worthless. Many times in otherwise elaborate reports a total cost per mile is the only information furnished under the heading cost data. It is self-evident that in order that cost data should be of value to the public and the engineering profession besides a complete description of construction, characteristics of materials employed and local conditions, there should be given figures relative to rates of labor, cost of equipment and detail data covering construction. The topic "Road Costs and Maintenance" will be considered from the viewpoint of the annual cost to a community of improved high- ways of various types. Annual cost is a combination of the following variables: Interest on the initial cost of the road, the annual main- 60 AMERICAN ROAD CONGRESS tenance charge, and an annuity which will in n years, the so-called life of the road, provide a fund equal to the cost of reconstruction. In the case of types of roads permitting partial reconstruction every m years, a second annuity should be included. As an illustration of the second case will be cited the practice of Parisian engineers in the reconstruction of wood block pavements. The surface of this type of pavement is maintained by the substitution of good blocks in such places as depressions have been formed usually attributable to excessive wear of blocks of poor quality. After a certain pe- riod the entire wood block surface is taken up, the blocks planed off and relaid. Again in the cases of many types of roads having as a characteristic a broken stone surface a partial reconstruction of from one to two inches hi depth is required every few years. The other factors enumerated under annual cost need no explana- tion with the exception of maintenance charge. Unfortunately hi maintenance we have a much abused word, as the standard upon which the definition of maintenance rests varies widely through-out this country. Hence reports relative to the cost of this item as a factor of annual cost are of little value except in those cases where it is known what the highway officials mean by the statement that a road is well maintained. The ideal maintenance, which should be striven for in every case, is a method by which the surface of the highway is kept in as good condition as when accepted on the com- pletion of construction. It is self-evident that it is only possible to con- form to this ideal by the adoption of the principle of continuous maintenance. It is certainly deplorable that hi the case of some of our public work the idea of maintenance possessed by certain lay boards will permit the surface of a macadam road to remain covered with loose broken stone caused by disintegration due to motor car traffic for a period of over two months. This practice in cases where funds are available for the improvement of the conditions noted is obviously absurd to designate as maintenance. Rather it should be characterized as criminal negligence. This Association has an admirable opportunity to emphasize the absurdity of the popular idea that an appropriation for the construction of a highway will provide a surface which, once constructed, will endure until eternity. Unfortunately, first cost in many cases is the only element which is considered in the selection of the type of road while in other cases the number of years which a pavement will last or will remain dustless is the only factor given due weight. The interest charge, maintenance ROAD COSTS AND MAINTENANCE 61 required and the annuity item seldom receive the attention deserved. Although it is self-evident that the problem cannot be solved exactly, nevertheless it is practicable to analyze the problem presented in a manner that will give as satisfactory results as are characteristic of the results obtained in many engineering problems of a similar type and thus approach within reasonable limits the ideal of economy and efficiency. An ideal road or pavement should be durable, noiseless, sanitary, efficacious for road users, easily cleaned and made dustless, provide good foothold for horses and be non-slippery for all classes of vehicles under varying climatic conditions, yield neither dust nor mud, have a low tractive resistance, low annual cost, low first cost, low main- tenance charge, and an esthetic and impervious surface. It should not be considered, therefore, that the idea of annual cost is paramount in every instance. For example in Monaco, the winter home of the father of superficial tarring, Dr. Guglielminetti, ordinary macadam made absolutely dustless by ideal watering has been adopted because the primary prerequisite in that case was of an esthetic char- acter. In this instance it was necessary to select a dustless surface which would harmonize with the tropical gardens and yellow lime- stone palatial cafes, hotels, shops and villas clustered about the Casino of Monte Carlo. Again, although the annual cost is greater, many engineers favor the use of a bituminous filler for brick pavements rather than a cement grout filler because the pavement constructed with the former is not as noisy as with the latter. As illustrative of the method of analysis which should be employed in consideration of annual cost, a few examples will be given of cases which have come under the writer's observation. The first illustration cited refers to a road built of water bound macadam located in an isolated and exposed district subjected to a traffic of five horse drawn vehicles and thirty motor cars per foot of width of a 14 foot roadway during the period from 8.00 a. m. to midnight in the summer season. A large percentage of the motor traffic consisted of heavy touring cars, limousines and landaulets traveling at speeds between 40 and 55 miles per hour. The kind of treatment adopted consisted of the periodic application of light oil, which, under the traffic and other local conditions, was efficacious from the standpoint of dustlessness for a period of one month. The annual cost of a superficial treatment with a bituminous material will be investigated for comparison. The interest on first cost and the annu- 62 AMERICAN ROAD CONGRESS ity will be considered the same in both cases although it is self-evident that the bituminous surface road will have a much longer life. The light oil was used during the maximum period for this locality, that is from May to November, inclusive. The cost of oiling, being 1 cent per square yard per treatment, was 7 cents while it was found that the cost of repairs to the macadam surface was 3 cents. It should be said in this connection, that, although the surface was main- tained dustless throughout the above period, disintegration by high speed motor car traffic took place. The total maintenance charge was 10 cents per sq. yd. per year. On the other hand if an annual superficial treatment had been employed, thus providing a bituminous surface which would have been efficacious throughout practically the entire year, the average cost of the superficial treatment would have been 5 cents per square yard while the repair item would not have exceeded 0.5 cents, thus giving a total maintenance charge of 5.5 cents as compared with 10 cents with the light oil. In another case coming under the writer's observation, it was decided to first construct a water bound macadam and afterwards provide a bituminous surface by superficial treatment. The annual cost of a bituminous concrete pavement, finished with a flush coat which, under the traffic to which this road was subjected, would last five years, will be investigated for comparison. Granted that it will be necessary to reconstruct both roads by replacing the wearing surface of 2 inches every twenty years, the annual cost may be compared as follows: For the annual superficially treated road, the first cost was 67 cents, the interest charge at 4 per cent, 2.7 cents, the main- tenance charge 7 cents, composed of a 5 cents charge for annual bitum- inous treatment and 2 cents for repairs, the annuity, 0.9 cents, based upon the cost of reconstruction. Hence the annual cost will be 10.6 cents. In the case of the bituminous pavement the first cost would, under the existing local conditions, be 90 cents, the interest charge 3.6 cents, the maintenance 2.5 cents, made up of a repair charge of 0.5 cents and the cost of the flush coat, having a life of 5 years distributed throughout this period, of 2 cents, and an annuity of 1.7 cents, thus making the annual cost 7.8 cents as compared with the annual cost of the superficial treatment of 10.6 cents per square yard. It will be noted that the annuity covering total-reconstruction is not consid- ered in this case. In the opinion of the writer the advantage would be with the bituminous pavement. The lack of appreciation of the intimate relationship existing KOAD COSTS AND MAINTENANCE 63 between road costs and maintenance is attributable to many causes among which may be noted the following: First: Political interference in the selection of the men placed in control of highway work, and with the work of design, construction and maintenance of roads and streets. Second: The interference by controlling bodies of laymen in the legitimate work of the highway engineer. Third: Division of responsibility in the supervision of highway work, particularly in municipalities, but also applicable in some States, as for instance, those in which the State department super- vises the design and construction, while the responsibility for main- tenance is placed upon the county or town. Fourth : The comparatively small number of well-trained highway engineers who have devoted the requisite time and energy to the new problems which have arisen during the last decade. Fifth: The comparatively infinitesimal amount of investigation which has been considered necessary as preliminary to the design of a road or street or a system of highways. Sixth: The general meagreness of detail knowledge of the many different materials on the market and the varied methods in connec- tion with which they may be used. Seventh : A confusion of ideas on the part of many as to the rea- sons for the success or failure of various methods considered both from the standpoint of road preservation and dust prevention. Eighth: Nonobservance of the relationship between the adapt- ability of various methods and the variability in the cost of labor and materials, and the accessibility of new bituminous materials and machines. Ninth: The search by many officials for a panacea for the treat- ment of all classes of roads and streets. By an analysis of this brief outline of the relationship existing between road costs and maintenance it is apparent that the principles enunciated heretofore must have the enthusiastic support of all interested in highway improvement if economical highway construc- tion and maintenance is to be characteristic of the future development of American highways. MR. Cox: I come from Prince George County, in Virginia, in which we have no material for the building of what would be con- sidered permanent roads as outlined in the papers and addresses 64 AMERICAN ROAD CONGRESS delivered here, such as rock or stone. We have very little gravel, but lots of sand and clay. I am more interested hi the sand-clay road improvement than in the so-called permanent road. In Mr. Wilson's paper I noticed that he discussed the use of the split-log drag for use on the sand-clay road; whether hi his paper he suggested the cleaning out of drains or ditches along the roadside and the turning of that material which has been deposited hi the ditch entirely out of the road, I do not know. I would like to ask Mr. Wilson, if he would suggest the throwing of that material out of the ditches ahead of the split-drag, or would he let the drag do the work? If he does not throw it out ahead of the drag, the drag would necessarily draw it to the center of the road, which he says is objectionable. CHAIRMAN PARKER: Can you not reverse the drag so as to throw it outside? MR. Cox: Then you would have to use something besides the split-log drag to get it out of the dram. I just want to know whether he would recommend throwing out by shovel or other means, the entire deposit that had been made hi the ditch ahead of the split-log drag. CHAIRMAN PARKER: You will have an opportunity of conferring with Captain Wilson on that any time you like. We have about half an hour more, and there is the subject of brick and other road materials to be considered. Prof. Edward Orton has telegraphed that he cannot be here, so you will miss the paper which he has written: but I am going to make bold to call Mr. Blair, of Cleveland, to say a word, he is an expert on brick roads, and a very ready and continuous talker, and I have no doubt that if he were allowed to proceed he would entertain you the rest of the day, but I am going to ask Mr. Blair if he will talk about twenty minutes. MR. BLAIR: Mr. Chairman, Ladies and Gentlemen I very much regret the absence of Professor Orton who would doubtless give to you more readily the information this audience would like to hear, regarding brick roads, than I. But I learn that family affliction kept kept him away from this convention. We have heard, I believe, every kind, manner and method of building every road, and the main- tenance of roads, from the platform, with the exception of brick; KOAD COSTS AND MAINTENANCE 65 and as my time is so limited I believe that it can be more profitably employed if I would simply relate to you the chief ideals of construc- tion of a brick road, and I will rapidly pass over the items and details concerning the necessary construction of a brick road, so as to make it render the best service, because I believe if there is any road on earth that eliminates the maintenance charges, it is a properly con- structed brick highway. The proper dimensions of a brick highway, where they have been in use for a number of years, is 14 feet in width with a 7-foot clay track on the side. Many of them are built about 9 feet in width with a 7-foot clay road on the side; such roads measure a yard for every lineal foot. Such roads are built in many parts of this country at a cost of $80000 to $10,000 a mile. They have underneath that a 4- inch concrete base; that 4-inch concrete base is advisedly made smooth. Upon it is placed, a 2-inch sand cushion that is uniformly compressed by using a hand roller weighing about 350 pounds. Two things are accomplished by that method You have a uniform wearing plate, you have a support of the wearing surface that is uniform, and yet it has resiliency, so that neither the brick nor the cement that is placed between the brick is at all injured in use, and will last indefinitely. After this foundation is thus prepared, the bricks are placed upon it with the best edge up, and after that the pavement is smoothed, and then it is ready to receive the application of the cement filler. And just one word before I describe how the cement filler should be applied to the joints of the brick. I want to say that any other kind of filler in brick streets is not advisable at all, that it is an error to suppose that the use of the soft filler does away with the noise; rather the cement filler tends to lessen the noise during a period in the use of a brick street covering its life, because the soft filler will gradually pick out, the brick will chip, and it grows more noisy, as it grows older; while with the use of the cement filler, such as described to you, the brick street becomes smoother and less noisy as it grows older, because it is in better condition from year to year, we don't know for how many years. Now in the application of the cement filler, the secret of obtaining the quality is that the cement filler shall be made in the proper pro- portion and that proportion is one to one of cement and sand. The only way to keep it in that proportion is to keep it in perfect agitation until it lands in its place, and then after it becomes hardened, it is uniform in character throughout and any expansion and contraction 66 AMERICAN ROAD CONGRESS which we are often called upon to explain is almost eliminated, be- cause that is taken up in compression. But whatever remains may be taken care of simply by means of an expansion cushion alongside the curb. Now, as to the curb, for a country highway, it is advisable, simply to build it flush with the pavement, so the teams can pass on or off that pavement without let or hindrance. Now, as to its quality, after a pavement is thus constructed it is almost impossible for it to get out of order, and I am almost inclined to refrain from speaking the facts with reference to the durability of brick pavements thus constructed. We never have had a brick pavement in this country to call for repairs in twenty yearn, and that is something worth while that the American people ough^ to know. I am not an advocate of the use of brick generally and indiscriminately; you must have the sand-clay roads, you must have the water-bound macadam, you must ha^ e the water-treated roads we have heard so much about. But upon excessively used roads like the great through- fare from the city of Washington to the city of Richmond, over which would come continuously in almost unlimited numbers automobiles, trucks, farm wagons and traffic of all kinds, there is but the one pave- ment on this earth that is economical to construct upon such a high- way, and that is either granite or brick. Of course a granite pave- ment would be out of the question, but brick is not prohibitive in cost for excessively used roads, and it is the solution of the problem as to the material for excessively used highways that the American people demand. Why, it would be utter folly to use any other material to construct a road in the State of Illinois, that is expected to bear 14,000 bushels of grain to market from every quarter section of land, as is the case in many sections of that State. I had a photograph taken a little while ago where such a farmer, at a distance of 2\ miles from market, with teams of two horses and five wagons, averaged 319 bushels per load, at a cost of less than 1 cent per ton per mile for such work. That is an extreme example, but it affords an opportunity for study and consideration as to the possibilities of brick paved roads in this country. I just want to recite for a moment some of the history in places where these roads are the most popular in the country, and that is in the vicinity of Cleveland, Ohio. In the county outside of the limits of Cleveland, we have about 400 miles of brick paved country highway. If you will get into the commissioner's office of that county, ROAD COSTS AND MAINTENANCE 67 you will find at this minute twenty-two farmers petitions for that many additional roads awaiting the action of the county commissioners and the money with which to construct them, so popular are they. Something like five years ago a realization came to the people as to the possibilities of these roads in that county to such an extent that the farmers along at least two roads within the county petitioned for brick roads, though they had yet five years to pay out on their water-bound macadam. What is the result in that county? Farm values have been doubled in a large part of that county, and a farmer is within just as easy touch of the city of Cleveland, 20 miles out on that road, as he is within a mile and half. Now I do not know that I can say anything further in the few min- utes allotted me, but I feel that I have said enough. Although I cannot go into details and recite to you all the evidences of the eco- nomic value of brick roads on the excessively used highways of this country. I will state two or three of the advantages; the traction resistance is less than that of any road; it does not originate dust, and a farmer with the utmost comfort can have his house by the side of the highway without the dust flying in his window and in his yard; you can get about any time of the year. But the chief virtue of that road is that it is never out of repair, and it is good for use night or day, winter or summer, wet or dry. CHAIRMAN PARKER: We are a little ahead of our program and time, and there have been several of you who seemed to want to ask questions. Any of you who would like to ask questions I will be very glad to entertain them; and if I cannot answer them, I will refer them to Mr. Page, who can answer any known question; so I hope that any one of you who wants information will ask questions. MR. GILBERT: I had occasion two or three weeks ago to fill a place in a road, and I looked at the act of 1904, which gave the super- intendent of the roads the right to use dirt on the roads from the nearest and most convenient land, to save hauling, and I did so, and I was restrained by the circuit court from taking such dirt. It came up before the judge, and the judge sustained me in that very point, that I had the right to take dirt and use it from the nearest and most convenient land to save hauling. This place was opposite a man's farm, and he was gettin more benefit than anybody else, and he stopped me from getting the dirt, but I got it. 68 AMERICAN ROAD CONGRESS CHAIRMAN PARKER: You are a good citizen of Missouri, and I will say to you that you would also have been upheld in Massachu- setts. MR. PAGE : Tomorrow will be the first anniversary of the American Association for Highway Improvement. We have accomplished a certain amount of work this year, but I do not think our work will be well done until we have affiliated with us the American Road Builders' Association. I have the honor to be a di) ector in that organization, and we have with us here the complete executive committee and the President of the Association. I most earnestly hope, and I speak on the part of the directors of the American Asso- ciation for Highway Improvement, that they will be able to affiliate with us, and I want to invite all the directors of the American Road Builders' Association to be present at the directors meeting of the American Association for Highway Improvement, tomorrow after- noon at three o'clock. There is one other thing I should like to say, and that is that we want the automobilists to be affiliated with us and I wish to extend a similar invitation to any of the directors of the American Automo- bile Association to meet with us and bring about an affiliation. I had the pleasure this morning of meeting Mr. Batchelder, chairman of their executive committee, and I hope he will attend, and any of the other directors who may be present. MR. SMITH (of New Jersey) : I am president of the Automobile clubs; I am doing some work in Florida under the Good Roads Asso- ciation, and also under Mr. Bates. I mention this to show that I speak from all sides. I would like to see every association in the United States that has at heart good roads, affiliated with each other. I love good roads and I hate bad roads, and I wish everybody would adopt that motto, and that every association which is interested in good roads will get together tomorrow and make this general affilia- tion. Let this be a love feast. I have talked with people all through the halls and vestibules and the lobby, "Where do you come from?" "North Carolina, we are doing so and so;" "Florida, we are doing so and so;" "Illinois, we are doing so and so. " We might hold one of the quilting parties they used to have when I was a boy; the old women from all around would come and bring pieces of cloth and sew and talk and gossip, and by the time they were done in the after- ROAD COSTS AND MAINTENANCE 69 noon, they would have a whole quilt. We are making a quilt, every city is a small square and every State is a large square, and we are making a great highway. I hope tomorrow, that the A. A. A., the A. A. H. I., and the X. Y. Z., will all come together, and that every- body that loves good roads will come tomorrow and affiliate with this Association. The Association than took a recess until 2.30 o'clock, p. m. AFTERNOON SESSION Tuesday, November 21, 1911, 2.30 O'clock, p.m. HON. HAROLD PARKER, Chairmen, presiding CHAIRMAN PARKER: The first address of the afternoon will be by Mr. Onward Bates, who has been President of the American Society of Civil Engineers and is an authority whom everybody will recognize. THE RELATION BETWEEN ENGINEERS AND CONTRACTORS ON HIGHWAY WORK ONWARD BATES Past President, American Society of Civil Engineers It goes without saying that we recognize the importance of this meeting. Other speakers emphasize this feature and show how much good may result to our whole nation from the earnestness of our pur- pose and our willingness to work for the cause of good roads. No introduction is therefore necessary, and in the brief space of time which I may occupy, I will try to confine my remarks to the subject that has been suggested to me: "The Relation Between Engineers and Con- tractors on Highway Work." I take it for granted that past and present methods of building and caring for our roads are acknowledged to be unsatisfactory, and that the object of the Association for Highway Improvement is to alter or to abolish these methods, and to replace them with better ones. In other words, we must substitute efficiency and economy for failure and waste. We have, as the result of experience in other classes of public work, demonstrated the success of contract work under the direction of engineers. This method of contract work, supervised by engineers, is as applicable to road construction and maintenance as it is to other works, and it has some special advantages which will be explained later. In the first place, road work should be under the dirction of an engineer; because the kind of work to be done, the quality of the work, 70 ENGINEERS AND CONTRACTORS 71 the amount of it, and the method of doing it, it should be determined by an expert. But, suppose the engineer is not an expert, what then? Do not be influenced by any such supposition. Work from knowledge and employ an engineeer who is a road expert. There are engineers who are road experts, and there will be many such engineers developed as correct methods are adopted for road work. As the demand arises, the supply will arise to meet it. In any case, whether the work is performed under contract, or otherwise, the road engineer is necessary. The road engineer should know just what is needed. He should be able to plan and describe these needs so that they are clearly inter- preted to those who do the work. He must make his plans to con- form to the funds provided to pay for the work. He should possess exceptional executive ability, for in his occupation there is an unusual spread of responsibility for the work itself, and for the number of interests which must be considered. Technical knowledge, good judgment, and tactfulness, are all essential qualities which he is expected to possess. His field of action is most attractive, for the reason that half of his problems are already solved. Experience is principally gained by the study of failures, and a knowledge of what has been so poorly done in the past will teach him what must be avoided in the future. To improve the roads in any specified locality requires first of all a head to plan and to supervise the work to be done. This head, whom I designate as the road engineer, must be responsible for all the work in his district, and since responsibility cannot be disasso- ciated from authority, he should have full authority over the conduct of all the work for which he is responsible to the power that appoints him. The engineer must not be hampered in his work by any other consideration than the performance of his duty as engineer. He should have no affiliations, and should eschew politics, knowing all men only as citizens with a common interest to be served by him. A wo'rd of warning here for those who have the power of appointing the engineer scarcely anything can be more subversive to the public good than to make a political appointment of such an office. The engineer should be chosen as an expert in his line of work, which leads to the conclusion that his office should be an appointive, rather than an elective, one. His appointment should be after careful examina- tion of his qualifications for the office, and this can only be made by an appointing power, which is capable of determining his fitness, and which is responsible for the performance of his duties. AFTERNOON SESSION Tuesday, November 21, 1911, 2.30 O'clock, p.m. HON. HAROLD PARKER, Chairrm. n, presiding CHAIRMAN PARKER: The first address of the afternoon will be by Mr. Onward Bates, who has been President of the American Society of Civil Engineers and is an authority whom everybody will recognize. THE RELATION BETWEEN ENGINEERS AND CONTRACTORS ON HIGHWAY WORK ONWARD BATES Past President, American Society of Civil Engineers It goes without saying that we recognize the importance of this meeting. Other speakers emphasize this feature and show how much good may result to our whole nation from the earnestness of our pur- pose and our willingness to work for the cause of good roads. No introduction is therefore necessary, and in the brief space of time which I may occupy, I will try to confine my remarks to the subject that has been suggested to me: "The Relation Between Engineers and Con- tractors on Highway Work. " I take it for granted that past and present methods of building and caring for our roads are acknowledged to be unsatisfactory, and that the object of the Association for Highway Improvement is to alter or to abolish these methods, and to replace them with better ones. In other words, we must substitute efficiency and economy for failure and waste. We have, as the result of experience in other classes of public work, demonstrated the success of contract work under the direction of engineers. This method of contract work, supervised by engineers, is as applicable to road construction and maintenance as it is to other works, and it has some special advantages which will be explained later. In the first place, road work should be under the dirction of an engineer; because the kind of work to be done, the quality of the work, 70 ENGINEERS AND CONTRACTORS 71 the amount of it, and the method of doing it, it should be determined by an expert. But, suppose the engineer is not an expert, what then? Do not be influenced by any such supposition. Work from knowledge and employ an engineeer who is a road expert. There are engineers who are road experts, and there will be many such engineers developed as correct methods are adopted for road work. As the demand arises, the supply will arise to meet it. In any case, whether the work is performed under contract, or otherwise, the road engineer is necessary. The road engineer should know just what is needed. He should be able to plan and describe these needs so that they are clearly inter- preted to those who do the work. He must make his plans to con- form to the funds provided to pay for the work. He should possess exceptional executive ability, for in his occupation there is an unusual spread of responsibility for the work itself, and for the number of interests which must be considered. Technical knowledge, good judgment, and tactfulness, are all essential qualities which he is expected to possess. His field of action is most attractive, for the reason that half of his problems are already solved. Experience is principally gained by the study of failures, and a knowledge of what has been so poorly done in the past will teach him what must be avoided in the future. To improve the roads in any specified locality requires first of all a head to plan and to supervise the work to be done. This head, whom I designate as the road engineer, must be responsible for all the work in his district, and since responsibility cannot be disasso- ciated from authority, he should have full authority over the conduct of all the work for which he is responsible to the power that appoints him. The engineer must not be hampered in his work by any other consideration than the performance of his duty as engineer. He should have no affiliations, and should eschew politics, knowing all men only as citizens with a common interest to be served by him. A word of warning here for those who have the power of appointing the engineer scarcely anything can be more subversive to the public good than to make a political appointment of such an office. The engineer should be chosen as an expert in his line of work, which leads to the conclusion that his office should be an appointive, rather than an elective, one. His appointment should be after careful examina- tion of his qualifications for the office, and this can only be made by an appointing power, which is capable of determining his fitness, and which is responsible for the performance of his duties. 72 AMERICAN ROAD CONGRESS In the second place, road work should be done by contract, because if we are expected to improve our roads, we must make a business of road work, and since the contractor is in that business, we need to engage his services. No better argument can be made in support of this statement than to call attention to road work which was not con- ducted as a business, and which was performed by men whose busi- ness was not that of road making. > road contractor should know his business. He should know what constitutes a good road, and how to build it . He should be provided with tools and implements required for road construction and maintenance. If the road contractor follows road building as an occupation, it is expected that he will have such plant as will enable him to execute work of the best character, with economy of cost, in money and time, and that he will have a following of workmen familiar with road making. We may reasonably expect that road work will be done by a competent road contractor with greater economy and despatch than can be attained under a system where a local government undertakes to buy plant and employ men with which to do its own road work. The engineer plans and supervises the work, gives instructions to the contractor, inspects material and workmanship, and makes the contractor's estimates for payment. Contracts should be awarded by the engineer, or upon his recommendation. In general, the engi- neer directs the work and is responsible to the power which appointed him, for the performance of all contractor's obligations. The contractor, on his part, must comply with all the requirements of the contract, and to this end is directly responsible to the engineer. Thus it rests with the engineer and contractor to get the best roads possible with the expenditure of the people's money. It is obvious that they must pull together or the people will be losers. Their relations are defined in the contract for the work. In the ordinary forms of contract for work to be performed, the engineer is vested with full power of directing the operations of the contractor. The engineer makes the estimates of quantities and of values, upon which the con- tractor receives payment. It is his duty to fix the standards for mate- rial and workmanship, to inspect the quality of materials and of work, to accept such as conforms to the contract and to reject such as does not meet the contract requirements. Nearly all contracts give the engineer arbitrary power to decide all questions arising in the per- formance of the contractor's obligations, and most contracts state that the decision of the engineer shall be final and binding on the ENGINEERS AND CONTRACTORS 73 contractor. These powers conferred on the engineer appear to be the outgrowth of experience and are perhaps warranted by expediency. For so long as the engineer is competent and fair, the system works very well, but engineers have the qualities common to humanity and it would be fairer to them if the provisions of a contract confined their decisions within the limits of justice. Experienced contractors some- times find that contracts which they must accept or go without the work give the engineer such an advantage over them, that they attach more importance to the personality of the engineer than to the terms of the contract. Speaking from experience, both as an engineer and as a contractor, I do not favor vesting the engineer with arbitrary power over the contractor's interests. We live under a constitutional government, and contracts between its citizens should preserve the constitutional rights of both parties. A contract which enables one party to work an unjustice upon the other, is contrary to public policy, and whether it be legal or not, it conflicts with the principles which all of us claim as citizens. I believe it is possible to draw contracts which will secure the faithful performance of the obliga- tions of both parties, and will, at the same time, protect the interest of the party at whose expense the work is carried on. Under a general system of road improvement throughout the country, equitable forms of contract will be developed which will supersede forms that are found in practice to be objectionable. Bring together the expert engineer and the competent contractor, and it will be found they can work to- gether in harmony and obtain the best results for the community which employs them. In most cases of trouble between the engineer and the contractor the fault lies with one or the other, or with both of them. It would seem almost superfluous to make the statement that the best form of contract is* that which covers the obligations of both parties in the simplest and plainest terms, leaving out all unnecessary language. And yet it is well to be reminded of this, for many con- tracts for performance of work are so unintelligible that both engineer and contractor find it difficult to decide what are their respective obligations. Specifications for material and workmanship are usually attached to, and form a part of, the contract. The preceding remarks favoring brevity and simplicity in the wording of contracts apply with equal force to the specifications. Instead of trying to include in the speci- fications everything under the sun, it will be better to omit from the contract all items of uncertain and indeterminate character, and this 74 AMERICAN ROAD CONGRESS will avoid the necessity of describing and specifying their value and extent. In the interest of economy and efficiency, the work should be classi- fied and grouped in the most convenient manner for letting it by con- tract. The work should be of such character and volume as will enable the contractor to make favorable /prices. The engineer should also try to arrange the work so that a contractor may work continu- ously through the working season. The expenses of organizing and starting work are understood, and should not be repeated any oftener than is necessary. Changing contractors or employing them at intervals of time, involves what may be called ' 'contractor's terminal expenses," and if these can be avoided there will be a considerable saving in cost, which should be recognized in the contract prices and the saving divided between the parties. Better prices for work, and better service will be obtained from an established local contractor, who, in looking to the work as a means of livelihood, desires to retain in his service experienced workmen and to keep his plant employed, both of which are necessary for economical operations, and he will thus be in a position to make more favorable proposals for the work than when making ventures with scattering bids in various localities, and with unfamiliar conditions. In advocating the contract method of doing road work, I recognize that some work can be more effectively handled by day labor or by special arrangement. There is a distinction between road making and road maintenance. The former may be classed as intermittent work, and the latter as continuous work. Maintenance and repair work will frequently be of such a nature that it cannot be advantageously contracted for, and the engineer must provide for this class of work by day labor, or by some method which is suggested by his experience. In general, it is better to contract for all work which is adaptable to that method. The engineer's operations may cover an extended field and cause him to be unable to personally supervise the work, in which case his inspectors or other assistants must act for him, and they can be better employed in controlling results of work done at the contractor's cost, than in becoming responsible for the value of work done by the engineer's employees who maybe so scattered that the cost of supervision will equal the wages paid to the work- men. Another reason for avoiding the direct employment of work- men, is that it means the purchase of tools and implements for the workmen, and this will always be unprofitable unless there is suffi- ENGINEERS AND CONTRACTORS 75 cient work to wear them out. There is scarcely a worse investment than contractor's outfit which is not employed. It is not uncommon for a contract to specify that the contractor shall guarantee his work for a certain period of tune, sometimes reaching into years. There may be cases where a contractor's guar- anty is justified, but it is a questionable practice. Competent engineering will require and secure good work. When a contract is completed, the engineer should know that the contractor has given the full value of work specified in the contract, and he should be in a position to pay that value in full. The engineer's employment should be continuous. He should be a permanent officer of the local govern- ment, responsible to his superiors for construction and maintenance of the roads. This responsibility, as has been stated, should clothe him with the authority necessary to secure the ends he is employed to attain. Since the engineer is the official who makes the plans and controls the execution of them; while the contractor works under his instruc- tions, subject to the terms of the contract, any suggestions as to road making should be addressed to the engineer, who will communicate to the contractor as much of them as is necessary hi carrying out the work. I purposely avoid mentioning details of contracts, plans and specifications, all of which the engineer must fit to the particular problems he is called on to solve, but in a general way, I venture to suggest some of the elements of road engineering necessary to be observed in his practice. He must always maintain an equilibrium between the amount of work he plans to carry out, and the funds available to pay for this work. The kind and amount of work will be limited by the sum appropriated for its cost. He must decide whether the limitation shall be placed on the kind or the volume of the work. As a general pro- position the character of the work should be uniform. To secure this he may have to sacrifice his ideals and fit the character to the circum- stances controlling the case. The efficiency of a road is determined by the tonnage hauled. For a given distance of haul, unless the road is of uniform quality, the haul will be limited by the worst portion of the road. There is, therefore, such a thing as making the road or at least a portion of it too good, if the funds are not within sight to bring the whole distance to the same good quality. In a rich and populous state where the people have awakened to the necessity for good roads and contemplated the expenditure of 76 AMERICAN ROAD CONGRESS more than $100,000,000 to secure that end, it is very well to say, "we will build no cheap roads," and to fix a standard of $5000 or $6000 per mile for construction. On the other hand, hi the case of a State with a population less hi density and with a much smaller provision of funds, and yet -<vith, say, 80,000 miles of highway within its territory, it would be folly to adopt such expensive construction. This wonderfully prosperous country owes its prosperity more to its development through the construction of cheap railways than to all other causes combined. The economic results obtained by cheap first construction in order to provide intercommunication through- out a great area have been demonstrated beyond question hi the case of railways, and the principle has equal application in the matter of highways. The improvement of highways is not to be accomplished by spending all the available money in spots. These highways are for the whole people and all of them are entitled to benefit by the expendi- tures. Improve the condition of communities by giving them the best roads they can afford at the present time and the resulting increased prosperity will provide the means for bringing them to the desired standard. The kind and amount of road construction depends upon conditions, and should be determined by the exercise of good judgment on the part of the engineer. He must also plan to maintain the road to the standard of quality planned for its construction. This means constant attention and repairs to meet the deterioration resulting from wear and weather effects. The old adage of "a stitch in time saves nine" is nowhere more applicable than to road maintenance. This is a most important consideration, and it emphasizes the requirement that the office of road engineeer should be a permanent one. The maintenance of roads requires a knowledge of all the conditions affecting them. The engineer stands toward a road in his care as a doctor does toward his patient, and to diagnose the case of a road, the engineer must feel its pulse, take its temperature, and learn all about it. A helpful and satisfactory way of doing this, is to keep statistics of work done, of cost of repairs, and of the times and seasons of treatment. These statistics can be diagrammed so that the engineer may, with a hasty glance, read the record, and learn both what has been done and what is needed to be done. The road engineer will, in the future, be judged by his performance, as compared with what is accomplished elsewhere. If a system of good roads is promoted throughout the country, there will be pre- ENGINEERS AND CONTRACTORS 77 cedents and new records established for road work, in kind, quality, and cost, which will, from time to time, fix new standards in these respects. It may appear that my remarks about the duties of engineers are out of place in a brief address on the relation between engineers and contractors, but I have made the digression advisedly, as I will now try to explain. A fair consideration of the work and duties of the road engineer will bring many of us who have practiced the profession in other lines, to the realization of the great field of employment opening to us in this particular class of work. The practice of the road engineer will require knowledge, skill, experience, judgment and business qualities, of high grade, which will lead many of us to engage in this special line of work. This will benefit my profession, and in a greater degree will benefit our nation. For the contractor there will be provided a steady and profitable business, which from its nature can be conducted in a moderate way with small capital, a most desirable condition in these days when there is so great com- plaint about the monopolization of business by combinations of capital, which closes doors of opportunity to men of small means with capacity to work for themselves. The time is auspicious for the road engineers and the road contractors. This congress, and the Association which called it, will make its mark on our nation through- out all its confines. It may not be today nor tomorrow, but the Amer- ican people, when they have set their minds on the acquisition of good roads, will have them. With our people, to will is to do, and it appears that we have the will. The American Association for Highway Improvement will provide a medium of communication for engineers and contractors, and I look toward the future, and see conventions of them discussing plans and methods, as is done in the great railway associations. The asso- ciations of railway engineers, of superintendents of bridges and build- ings, of master mechanics, and of master car builders, have, in their meetings, within a few years achieved a uniformity and excellence of practice which appears marvelous to those familiar with the practice a few years ago. Such meetings of road engineers and of road con- tractors will result in satisfactory forms of contract, specifications, plans, methods, and costs, for building and maintaining roads, which will be profitable to them, and far more profitable to our citizens who must bear the cost. 78 AMERICAN ROAD CONGRESS CHAIRMAN PARKER: The next address will be made by Captain D. L. Hough, who is the president of the United Engineering and Con- tracting Company. MR. HOUGH: My subject is the same as Mr. Bates', but I treat it from a rather different point of view, that of the contractor. You will find a great many things in my paper that are in Mr. Bates'. THE CONTRACTOR IN ROAD WORK CAPTAIN D. L. HOUGH President The United Engineering and Contracting Company, 17 W. 4%nd Street, New York When Mr. Page, through an engineer for whom I have the highest esteem, and one whose any request I would gladly fulfill, asked me to prepare an address upon the contractors' side of road building to be presented to this distinguished congress, I very naturally plead lack of ability and experience in both composition and delivery, and pointed out that I was not a specialist in cross-country highway con- struction, and that neither of the contracting organizations with which I am associated made a specialty of this class of work. His insistence, however, and that of his intercessor, that the sub- ject might be treated generally and that what has to do with contract- ing in general would have an equal bearing upon road building, to- gether with my strong feeling that contractors and engineers are growing to understand each other better, and my strong desire to further in any way possible that end, caused me to hesitate and finally to agree to make the attempt. In approaching the subject, that, it may be readily appreciated is one in the treatment of which a seeming spirit of contentiousness might be apparent, I want to make clear in the premises that there is nothing whatever in what I have to say, seeming or otherwise, that is in criticism of engineers individually or as a body. The sug- gestions that are made are directed toward a system, or, perhaps, to avoid the use of a thread-bare expression, a practice. The present speaker has had the privilege and the honor to work as a contractor under some very able engineers, and has fulfilled many contracts without a voice being raised, and completed the jobs with the feeling that his company has been treated with absolute fairness, THE CONTRACTOR IN ROAD WORK 79 and with the acknowledgment on the part of the principals that the work had been done by this company (the lowest bidder), well, honestly and without friction. On the other hand, he has done considerable work for concerns whose policy seemed to be based upon the belief that if the contractor was not losing money there must be something wrong, that the work was not being well done, or he was not doing enough; and has worked under engineers whose desire to return full value to their employers led them to be a little unreasonable without their ability to under- stand that that very attitude was indirectly opposed to the interests of their principals. Looking at it broadly, I believe that these engineers are the victims of a misunderstood policy rather than originators of a policy of their own. The speaker, perhaps, is in a favorable position to discuss the relations between contractor and engineer because for the first ten years after graduation, he was employed in that capacity, and when I look back upon some of the ideas that I felt inspired, by a conscious duty, and, unfortunately, had the authority, to enforce, I frequently feel that I ought to go pay a personal visit to certain contractors and contractors' superintendents and industrial salesmen and try to square myself even at this late day. Just as it is true that nothing helps a man to admit and correct hie own faults and short-comings as the appearance and necessity to correct the same faults and short-comings in his growing children, there is nothing that makes an engineer realize the falsity of his point of view as a young man when serving as an engineer, as to have some experience as a manager for a contractor. If I were the manager of a great industrial enterprise, for instance, a railroad or a public utilities property, I would select for my staff only those engineers who had had at least a few years experience on the contractors' side. On the other hand, I hold no brief from my fellow-contractors and this address is not intended as an apology or a petition for merey in their behalf any more than it is a criticism of engineers as a class. Taking up at first some general thoughts, later to be applied to road specifications in particular: The principle of the contract is the actual foundation of all social, business and professional relations and economies. The very essence of a contract is mutuality; and the more this most important principle of a contract is kept before our minds, the more 80 AMERICAN ROAD CONGRESS faithfully will the contract be carried out and the less will be the friction developed. In fact, as in that well known rhyme, in that very statement, my story is begun and it might be considered that story, is done, because: if the mutuality of a contract is kept always before us, and it is understood that when a contract is once signed the parties thereto have equal rights thereunder, are on an equal foot- Ing, and that there is nothing in contractual relations that places the party who pays with his money on a higher plane -than the party who pays with his materials and services, or vice versa, and if the engineer considers himself a non-partisan arbitrator, there is nothing left to be desired; and what I have to say deals most largely with this funda- mental element of contracts. The original contract was verbal, and the original contracts were carried out at the moment of their making, whether it was a matter of barter with the exchange of commodities on the part of both parties thereto, or a consideration for a service rendered. As time went on, the mortality of the human being and the frailty of the human memory required that a record be made of a contract, which at present requires that it be reduced to writing; but every contract, written or otherwise, must have in it at least the implica- tion of that essential consideration without which it is no contract the mutuality thereof whether it be the price mark upon a tin whistle, or the elaborate agreements drawn between two great institu- tions by profound students of the law. The less a contract has in it, provided it cover the points at issue, the safer it is for both parties. There is no better contract between honest men than a verbal contract. Upon such a contract the minds usually meet and there is no " trimming, " nor any attempt to see how much can be gotten out of the party of the one part, nor how little may be given the party of the other part, as such contracts are only made and carried out between men who trust each other. It would be a very excellent thing if all those who draw contracts might realize that the more they go into detail and the tighter they make a contract in certain points, the weaker it is with regard to those considerations that may develop that are not covered in detail. If a contract were drawn to lay down one or two general principles as to the relations to exist between the principal and the contractor and then state that all matters that may arise are to be adjudicated upon those principles; and then if it could be understood that the engineer, made the arbitrator under the terms of the contract, was THE CONTRACTOR IN ROAD WORK 81 actually as such the agent of both the parties thereto, most of the difficulties that arise and the friction that develops would be eliminated. What are the circumstances that lead to the drawing of a contract? An individual or a group of men want something manufactured or constructed that they neither have the knowledge nor experience nor the equipment to manufacture or construct for themselves; they retain an engineer chosen as an expert in such matters; they outline to him what they want; he studies the physical conditions, if it be a matter of construction, with which we, in this congress, have most to do, he draws a plan setting forth the limits of the structure, and prepares a specification as to the qualities of the materials, and the methods of construction, and the character of workmanship; and a contract is drawn setting forth the terms under which his clients are willing to pay their money, as the consideration, for the construc- tion. This is then submitted to contractors for them to make their offers, and right here develops one of the great disadvantages of the present practice. Instead of permitting the contractor to make suggestions, as to modifications of the plans or qualtities of materials or methods of construction, in advance, so that he may make a better price or give better satisfaction because of his experience and the nature of his equipment, too often the contractor will not be heard and he must make his proposal absolutely under the terms of the plans and speci- fications, and after signing the contract it is too late for changes. Discussion usually results in friction. Ultimately the contractor is selected, a contract is signed, sealed and delivered; the principal appoints an engineer to look after his interests during construction, and in so far as he lays out, direct and inspects the character of materials and workmanship, the engineer is properly the representative of the principal; but under the terms of those clauses where he is made the arbitrator, interpreter and esti- mator, he is the representative of both parties and should be abso- lutely non-partisan. The suggestion has often been made that the engineer is in the employ of, and paid by the principal and should, therefore, serve his interests first. This is not the case. If he were employed by both concerns, that is, if his fees were paid partly by the principal and partly by the contractor, that portion borne by the contractor would be added to the contractor's estimated cost and would be in the con- 82 AMERICAN ROAD CONGRESS tract price. If the principal prefers to pay this portion of the engi- neer's salary direct, then the contractor leaves this sum out of his costs. Actually, therefore, the engineer is so far as he is the arbitrator, that is, is made the final court of appeals under the terms of the contract by both contractee and contractor, he is the employee of both and must not be partisan; and if he is partisan, he is not faithful to the trust imposed hi him by the other party, and yet how shocking this statement may sound to those obsessed by the present practice. It is with delight, however, that it may be said that ordinarily the broad-minded, capable engineer outgrows this narrow point of view, and the more broadly an engineer interprets a contract, the bigger he is , and if the records of the big men in the engineering profession are studied, it will be found that those at the head of the profession are those who have been the most fair in the adjudication of contracts. The too strict and strenuous enforcement of the narrowest inter- pretation of a contract, although not confined to young men, is essenti- ally an attribute of young men, and it has frequently been stated that one of the reasons that one encounters so often among important manufacturing and contracting concerns the policy of refusal to bid for government work is that the young man just out of the govern- ment's engineering schools immediately becomes a chief engineer and the final court of appeal in the interpretation of contracts, before he has recovered from his training as for war, wherein the orders of an officer must be obeyed and all is fair that helps your side to win, and before they have become seasoned to commercial life, wherein mutuality should prevail. A warrior too, is the finest example of a partisan. There is the added condition that the government engineer with his great pride in his corps, loses a little of his sense of proportion, and, unconsciously follows the theory that he must avoid not only evil, but the appearance therof, with the result that the rights of the contractor are lost sight of. Here again, I want to reiterate that it is a habit, or perhaps a tradition that is discussed, there are engineers in the government service, both army and navy, that are as fair as any men that live, and in whose hands a contractor's rights are appropriately respected. In private work where there is usually some senior official to whom appeal may be made, the presence of the young man as the construc- tion engineer is not so menacing, in that, appeal may be made beyond; THE CONTRACTOR IN ROAD WORK 83 but here again the contractor is at a disadvantage in that frequently it is very difficult for even the biggest and broadest of engineers to go on record reversing the ruling of his subordinate; and second; because it is more or less embarrassing to seem to be giving way to the other party. It has been frequently said, and the speaker has had it said to him : "You know, of course, if you think I am unfair, you have the right to appeal to the courts. " This, naturally, is true in connection with every sort of contract except those with the government or the state. But what is the result? One must wait three or four years for the case to come to trial; then become the victim of the relative cleverness of counsel and the lack of understanding or bias of the jury. In the end, a compromise verdict may be obtained, but this results in only a partial recovery for the contractor that must be further reduced by the expense of litigation, counsel fees, witness fees, and loss of his own time in preparation of any presence at the trial, and in addition, the grave impairment of the contractor's earning power, in the inability to take other work because his capital is tied up. For this very reason, an engineer ought to be scrupulously fair to the contractor and keep him out of the courts, rather than a little unfair on the ground that he wants the justification of the court's decree before he gives up to the contractor something for which he may fear criticism. There is possibly some slight excuse for this in the case of a public servant who is always the target for criticism and investigation, but still there is a little weakness present in even the public servant when he does a wrong, no matter how slight, for the benefit of his personal security. To turn to the contractor: there are bad contractors as well as good contractors, and this is true of every trade and profession. There are contractors of whom it is said that as soon as they sign a contract they look it over to find the weak spots developed by the very presence of clauses that are too stringent, who study where it may be beaten, and it is the justification of most engineers that admittedly unfair clauses are included in contracts to protect them against the unfair contractor, and that if they meet a fair contractor these will not be enforced. It is an old adage that two wrongs do not make a right, and if the average man sat in arbitration upon a contract of this sort, the evident unfairnesss of the contract should cause him to be more careful in seeing that fairness be done, even to a contractor of unfavorable reputation. 84 AMERICAN ROAD CONGRESS Further than this : no contract was ever drawn that some unexpected condition might not arise that would be found not to be covered by the clauses therein. It is but human in such an event that the con- tractor who is tied up by an unreasonable contract should seek his opportunity to square himself. The speaker has sometimes wondered how much of the tradition that the old-fashioned government and municipal contractor was a rascal grew out of the fact that the old-fashioned contractor was usually not an educated engineer and had to depend upon some man of alleged training to make his estimate, and, finding that he had been let into a ruinous agreement, tried to pull through as best he could. Has it occurred to you that wherever there is actual foundation for the condemnation of a contractor for corruption, there was also present corruption on the other side. In what follows, no reflection upon the fine, up-standing, sterling character of many of the men who have spent their lives in contracting, and to whom the stability, efficiency and fine appearance of most of our structures in this country are due, is intended. But today contracting has become a business in which organiza- tions have been built up of quite as high a character as in any other line of industrial effort; in recent years there has been brought into its conduct, integrity and intelligence equal to that found in any other line of activity. There are two reasons for this. First : the fact that our technical schools are turning out each year such a vast number of young men trained not as engineers, but pre- pared to receive the training of engineers. These young men, enter- ing the field of engineering, soon find the market for employment over-supplied, and, securing a job, find the opportunity for advance- ment limited, while anybody can take his chance at securing a contract and the alleged greater independence of the contractor appeals to his ambition. Second: the character of contract work now offered is of much higher grade than the elementary work from which it grew. It takes just as good a man acting as managing engineer for the contractor to carry out the work as it does to design and lay out the work. The changed conditions can be no more fittingly illustrated than by an incident that was recently called to the speaker's attention. Some foundations were being built for an oft-mentioned bridge by a contractor who had picked out a foreman from another organiza- tion with which he had been associated in a business capacity. This THE CONTRACTOR IN ROAD WORK 85 foreman was practically in charge of the concrete mixer; the unit batch requiring three bags of cement under the specifications. One day the inspecting engineer came to the contractor with the statement that, perched upon the super-structure of a portion of the bridge already completed, he had watched this foreman for two hours putting but two bags of cement into each batch. He further said that the bottom footing course into which that particular concrete was going was of such a nature that he considered the leaner concrete wholly sufficient for the purpose. As a consequence, he would not insist upon this concrete being taken out, thus imposing upon the contractor considerable expense as he felt sure from his personal acquaintance with the contractor that the holding out of the cement had not been perpetrated at his direction or even with his knowl- edge, but he insisted that the foreman be removed. The contractor had a talk with the foreman and explained to him that he did not want to have his work done that way; first, because it was dishonest; second, because the concrete might have gone into some part of the work, that failing, would have ruined his reputa- tion; third, because it would hurt him as a business proposition if it were known that he was a contractor who habitually "beat" his con- tracts. The foreman protested that it had been the habit with his previous employers, and that what he had done, he had done for the best interest of his present employer, and it was evident that he could not understand the great injustice seemingly done him, and the seeming ingratitude of the contractor. He was told, however, that he would have to go. Two days later word came to the contractor that this man had gone home, had brooded over the unfairness done him, and had committed suicide. Regrettable as was the tragedy resulting, there are two things that it accentuates: First, that the contractors of the present day realize the importance of the structure thay are building and want to do honest and fair work, and must do it if they are to succeed. Second, the fair and reasonable attitude of the inspecting engineer. Under the terms of the contract, he had the right to order out the concrete, and the contractor could not have grumbled if he had. Perhaps the concrete in this footing should have been made of a separate class, but the engineer recognizing the situation, allowed it to remain in place, making the very appropriate insistence that the 86 AMERICAN ROAD CONGRESS price paid for the batches should be reduced by the value of the cement, omitted. There must be two sides to a contract as is implied by the very definition of the work, and the presence of, and the surveillance by the inspectors of the one side are a benefit to the other. It is but human nature for a contractor's foreman when he has made a mistake to try to hide it or to make the best of it. The scrutiny of an inspec- tor often prevents the harm that might result to the contractor because of the failure of that part of the work where the error was made, or its detection at a time when the expense of replacement would be embarrassing. The more, however, this sort of reasonable "Give and take," as set forth in the illustration, is practised between the contractee and the contractor, the better will be the character of the work done and the cheaper the resulting costs for, as pointed out heretofore, if conflict develops, the contractor must stand an actual loss even if he recovers at law, and there is additional cost to the contractee because the contractor is forced to throw up the job. It is almost the universal experience in contracts that include deep excavation that the character of the excavated material not having been developed by previous work in the same locality is found to differ from that expected, no matter how carefully exploration and investi- gation may be made, the samples from a boring in many cases cannot show the condition of the soil as it exists in its original position. The courts have frequently and recently decided suits growing out of such conditions on the broad basis that the contractor should receive a dollar for a dollar's worth of work and that it cannot be expected that a contractor in the limited time allowed him shall check and duplicate investigations made by the engineers of the contractee during a protracted period. The advantages of a clause under which the unexpected conditions might be considered and a price arrived at by the rule of three, based upon the price named for the material as it was indicated, are so evi- dent that it is a surprise that such a clause is so infrequently found. There has appeared in recent contracts drawn by lawyers of national reputation, a clause calling upon the contractor to guarantee the efficiency and sufficiency of the design. This clause could not have been drawn by an engineer. The engineer who would frame such a clause would seemingly have a very poor opinion of his own qualifi- cation and very little courage as to his own convictions. Consider for a moment such a clause. The contractor is called upon to make THE CONTRACTOR IN ROAD WORK 87 a bid to build something of a certain character, of certain materials and in a certain way; no matter what the conditions that he meets may be no matter what the inefficiency or the insufficiency of the orig- inal design, he must make good without any change in price and he cannot have the work unless he accepts this condition. Could anything be more unfair? The party of the one part goes on record that he considers that his design is efficient and sufficient. If he does not believe it, the contract is dishonest. If he does believe it, then why should not the contractor who lacks the information and the experience believe it; and if things turn out differently, why is not the contractee as much mistaken as the contractor. It would seem that there is no possibility of a difference of opinion on the point that with differing conditions a different price should be made; and yet such a contract has to go to the courts where the lawyers of the one side will contend that the written instrument must prevail. Whether this expression will hold in court has not yet been determined, as it has never been brought to issue. Under the conditions developed by one contract in which this clause is included, if it is held to be proper by the courts, a contractor will be wiped out. If it is held as not legally binding, then the actual cost of the work will be very much increased to the contractee, in that so much time and money was wasted in trying to hold to the specifications that later on were modified. The purpose of this example is to point out that there is always considerable "flare-back" in an unfair contract, and that given a fair and reasonable contractor, a fair and reasonable contractee, and under the arbitrative authority of a fair and reasonable engineer, contracts should be drawn so that they may be automatically and not autocratically modified to meet actual conditions as the work progresses. There is another clause that may well be in every contract particu- larly with State and city governments; one that will set forth that the contract is based upon the prevailing rate of wages and the prevailing hours of work at the time the contract is signed. Then if those who control our destinies through the legislature find it advisable to limit the hours of work or to pass legislation that shall affect the prevail- ing rate of wages, that an equivalent increase shall be made in con- tract prices. I have no quarrel with labor or labor unions; I want to see the men get all the money justifiable, and want to pay them as much as 88 AMERICAN ROAD CONGRESS anyone else, and prefer to see the wages fixed so that all contractors are on the same basis and appropriate punishment devised for those irresponsible contractors who cut contract prices and do not pay their men; but it seems definitely unfair that a State should make a con- tract with an individual to do certain work at a certain price and then, thereafter, proceed to increase the cost of the work by reducing the hours of labor or increasing the rate of pay without an equivalent benefit to the contractor who labors harder than any of his men. Turning to the standard road specifications of the various States as furnished me by Mr. Page; it is found that the work of road build- ing presents but few items. The mere construction of a road is quite elementary. Specifications may be made so brief that there seems but little opportunity to discuss them and the plant required to construct a road is so simple that it would seem to put road construc- tion into the hands of any man who may buy picks and shovels, a few carts, and a roller and sprinkler. But as one studies a little more carefully, one sees that it is not the actual construction that presents the difficulties. It is more a matter of organization and transportation. There is so little work in any one locality that proportionately vast amounts of money may be lost by momentary delays or the breaking up of the organization by breaking up the sequence of the work, and in the securing of materials the plant required instead of being almost negligible as a percent- age of the total cost of the work, may become a very important percentage. For this reason, the engineer should be most careful to point out the difficulties to be encountered when he prepares his schedule of information to be furnished prospective bidders, and in this particular, I find the road specifications of none of the States adequate. The engineer who is engaged to prepare the specifications for a road contract, knowing what he wants in the way of a road and of what materials he wants it built, should describe not only the actual location of the road and its grades and cross-sections, but should investigate the sources of materials. They should point out to con- tractors what rock they are willing to use, where it may be found; what sand they are willing to use, where that may be found, either along the line or within reachable distance; the stations of the rail- roads most accessible to the sources of supply of material; and the highways by which access may be given. Such information would result in lower prices in many cases, and would prevent the presenta- THE CONTRACTOR IN ROAD WORK 89 tion of bids at too low a price because of a lack of information with the result that the contractor fails and the work must be relet with the delay and additional expense that must ensue. Then the location of the highway should be studied at every point from end to end, and the desired treatment set forth in detail, and there should be a general clause outlining a basis for the adjustment of prices to meet any conditions that may reasonably develop. The securing of materials and their transportation to the point of construction of the highway is one of the most important elements in the building of roads. There are, of course, localities where this is reduced to a minimum because the materials may be bought more cheaply than produced. Organization and uninterrupted procedure with the work is the most important consideration of all. Where the contractor must produce his own materials and deliver them with his own facilities, a road building contract becomes practically a manufacturing and transportation proposition, and it takes an unusual order of ability and much versatility on the part of the contractor to do good work. Turning to the actual construction : I find in most of the specifica- tions but one item for excavation, and in this is included the more or less immaterial item of grubbing and clearing; the specifications generally set forth that a stump must be excavated to such a depth as the engineer may direct, and the excavation be filled with such material as the engineer may approve. There should be a separate item for this character of excavation. The amount of this work can- not be determined in advance, nor can the individual preference of the individual engineer be known to all the bidders. It is true, how- ever, that within the limits of the most exacting the cost of this char- acter of excavation is about the same, shovelful for shovelful; but it is very different from the general excavation of the road in prepara- tion for the road metal, and as it may vary so widely, it would seem to be but fair to the contractor to have this in a separate item. Then as to the material of backfill; the engineer for his own pro- tection and comfort should accurately describe the character of material he will require, and should point out where it may be obtained unless he is willing to take the material from the excavation. It would be, perhaps, a benefit in securing proper prices and avoid- ing discussion later, if a separate item were made for the excavation for drains, foundations and for culverts. In some instances the specifications call for a separate price upon this and this is particu- 90 AMERICAN ROAD CONGRESS larly important where it is left to the engineer to determine the width and depth of the drains as the work progresses. In the matter of borrow; appropriate borrow pits should be located by the engineer and their location pointed out to the prospective bidders, and to insure fair play between all bidders, the royalties to be paid should be negotiated in advance and the costs set forth in the information given. Rock excavation seems fairly treated, but the information to bidders should clearly set forth whether or not this rock may be used in the road construction, and if it is a question that can only be determined as the work progresses, then there should be two prices; one when rock from the excavation may be used, and one when the excavation rock must be spoiled and the road metal obtained from special quarries. The details of pipe and open drains, of culverts and similar items seem to be sufficiently treated. The restrictions as to the character of labor and superintendence and the cleaning up after completion are, in every case, usual and reasonable. There is one element, however, that ought to be gone into, either as a separate item of the contract setting forth just what the limita- tions may be or else be outlined in the inf ormation given to the bidders namely, that, where the road passes through communities where there is control by special legislation or ordinances, that the terms of these ordinances, or at least their existence, be pointed out, and in the latter case, the contractor be informed where he is to go to determine what their effect may be upon the costs of his work. In none of the contracts is there any provision made in the event of delay on the part of the communities in the sale of their bonds, or for other reasons not securing the funds with which to pay the con- tractor. The only consideration given the contractor by the contractee is his pay. The terms of the pay are clearly set forth and the times at which the contractor may expect it. It is only fair and reasonable that if there is any delay in making payments to the contractor that he should be given interest from and after the date at which the payments are made due by the contract. The rate of interest should be the same rate of interest that the community pays on its bonds or other obligations upon which the money is raised. Then, and in that event, the contractor may hypothe- cate his warrants and borrow money to permit him to continue. THE CONTRACTOR IN ROAD WORK 91 As an alternative to this suggestion, but a disadvantageous one to the contractor, would be his right to suspend work until he received his pay, in which case, all reasonable costs during suspension should be estimated to him by the engineer. These should include not only the actual maintenance cost of plant, materials and watchman, but the cost of disorganization and re-organization. If these cannot be determined by actual vouchers, then it should be arranged that they may be agreed upon, possibly by arbitration. There should be a clause covering delays due to failure to secure right-of-way or to injunctions imposed through no fault of the con- tractor, and remuneration should be arranged. In road building, the most important general consideration is the sequence of the work. This should be definitely set forth in a clause of the specifications or in the information to bidders, so that the con- tractor may properly plant his job and properly organize it. The ideal arrangement is to start at strategic points and proceed as an army marches, one process following the other at the right interval of distance so that the operations may be kept as close to each other as possible for the purpose of supervision and so that any excess or deficiency of materials may be corrected with the least possible trans- portation cost. Any interruption or modification of the sequence of the work not in accord with this ideal procedure should be pointed out in advance or a clause should be drawn that will give the contractor a reasonable return, perhaps in cost only, without profit, for unexpected interrup- tions either in time or sequence. The contractor should not be made subject to the individual prefer- ence, and one may perhaps say fancy, of the directing engineer or some irascible property holder along the route, without facilities for his proper safe-guarding in unusual costs. With regard to maintainance; ought not the terms of this require- ment to be adjusted relatively to the nature and amount of traffic developed; that can not be measured in advance. Often the very existence of the road creates unexpected conditions. The contractor should be paid in proportion to the cost. It would seem valuable also, to incorporate a clause which per- mitted substitutions to be made, if, during the progress of the work this were found to be of value. If something different from that set forth in the specifications is substituted in the way of materials, the owner should naturally have 92 AMERICAN ROAD CONGRESS the benefit. If there is a reduction in the cost of transportation or otherwise due to the ingenuity of the contractor, it should go to him, and in this way again, the mutuality of the contract would be fulfilled. It may be said that the suggestions have been made are visionary and, to say the least, Utopian. The best defense of them, however, may be seen in the specifications that have recently been drawn for the carrying out of one of the two or three most important enterprises now under construction. The information to the bidders in these contracts covers every item recommended in this paper, and goes into a greater refinement of detail, because of the greater diversity of the work involved. It calls attention to the character of the work that will be demanded, points out the necessity for rigid inspection, and great care in execu- tion. It goes into the utmost detail as to the character of the rock and earth to be encountered in excavation as determined by explorations made by the engineers, and to work of a similar character that has been done in the same localities. Information was even given as to the character of weather prevalent at the various seasons of the year in the various localities. The plans are drawn after lengthy, exhaustive consultations with contractors experienced in the same character of work, and having determined the capacity desired, the cross-sections are those that may be obtained with the least expenditure of effort and money, and the greatest saving in time. The specifications are accurate and descriptive; different characters of work are broken up into items that make it possible to figure clearly the costs, regardless of the conditions met. The spirit exhibited by these specifications is an example to all who draw them, and it is a spirit that may be applied to any character of work, no matter how elementary. The items in the bid are so numerous and analyzed into such figur- able elements that it is practically not to be considered that any emergency may arise that may not be covered fairly and appropri- ately by some item or combination of items in the contract, and the theory upon which quantities were estimated is fully described. There is nothing in which the engineer should be more careful than in publishing the estimated quantities. It is the practice of most modern concerns when bidding upon important contracts to check the quantities accurately, but the engineer has more information, THE CONTKACTOR IN ROAD WORK 93 and it is unfair to the contractor if he does not make his estimates accurately and publish the facts. What has been the result of the fairness of these aforementioned specifications? The very best and most substantial contractors in the country have been competitors for the work, and the bidding has been so close as to justify the belief that the element of fortuity has been largely eliminated. I would like to say something about bonds and bonding, about bids and unbalancing them, but my time is long ago exhausted. To close, I would urge upon the engineers to draw their specifi- cations so that they are fair and reasonable, to always assume the attitude of a non-partisan when arbitrating those clauses where they make themselves the final court of appeal. To try to consider that the contractor is an honest man, and to work with him on that basis until he proves himself otherwise. It may be hard for an engineer who has drawn a specification and who knows in his own mind what he intended the specification to mean, to accept or even consider the point of view of the contractor who reads the same clauses from a different point of view, arriving at a different interpretation. In such a case, the contractor's and the contractee's minds have not met and the engineer, not being able to divorce himself from his point of view, should be readily willing to present his interpretation and let the contractor present his to an open minded arbitrator. Perhaps an arbitration clause in every contract would eliminate most of the trouble and I am inclined to think that I favor the sug- gestion so often made that the Courts of every State should have a special branch that might be called a Contractors' Court of Arbitra- tion; and that this should be in a way, a Court of Appeals to which access might be had throughout the work, and to which the engineer and contractor might go hand in hand and not one drag the other. The judges appointed to sit on such a bench should be in the pro- portion of two widely experienced engineers who have advanced to that time of life when they can look at things rationally, and one lawyer chosen not for his profound respect for the written instrument, but for his good sense of proportion, for the broad equities in the contract, and may they all be inspired by the conviction that the con- tractor should have a dollar for a dollar's worth of work. Thank you, Gentlemen and Mr. Chairman. 94 AMERICAN ROAD CONGRESS CHAIRMAN PARKER: I have learned that General du Pont has left; he was appointed as chairman of the committee on resolutions, and I therefore name Mr. Leonard Tufts as chairman of that committee. Gentlemen, you have heard two exceedingly interesting and able papers, and I am going to ask several gentlemen in the hall to take up the discussion of those papers. The first one I shall call upon is Mr. Compton, chairman of the paving commission of Baltimore. MR. R. K. COMPTON: Mr. Chairman, and Gentlemen, of the Amer- ican Road Congress, I did not come to Richmond to make a speech, but in view of the fact that your chairman has honored me I should at least have a few words to say. I am not in a position to discuss State highway construction with you very much, nor am I in a position to discuss the very excellent paper which has just been read, but I am in a position to discuss a matter in which all of us are vitally interested, a proposition which is very dear to the city where I belong, the Monumental City, a city noted for its good-looking women, its hospitality, its good things to eat, and also noted for its numerous cobblestone streets and poor streets. On February 9, 1904, the people of Baltimore awoke to find that its entire business section had been wiped away by a disastrous fire. We are proud of the fact that since that fire we have widened our streets; we have spent many million dollars for public improvements, that we have spent upwards of $19,000,000 in putting down new pave- ments, in constructing one of the finest sewerage systems of the country, in building a most magnificent system of docks. In addition to the $19,000,000, we propose to spend $28,500,000, additional; we propose to spend $5,000,000 additional in improving our dock systems, $10,- 000,000 additional on our sewerage system, $1,000,000 on our park system and $7,500,000 in getting rid of our cobble stones, which aggre- gate 300 miles of streets, and laying and grading 5,000,000 square yards. The improvement of our city highways means much to our farmers and automobilists; they do not get the full benefit of the improved highways unless they can come into our cities and go on good streets from the boundry line to the market place, where they desire to deliver their goods. In Baltimore we propose to meet the farmer at the county line and let him reach any portion of the city he sees fit. We propose to spend this $7,500,000 on our streets, and when we get through it will be a $12,000,000 proposition. THE CONTRACTOR IN ROAD WORK 95 I do not know that I can say anything more except what we are up against in Baltimore, and how we are cooperating with the State authorities. Major Crosby can tell you about the State work, and we are cooperating with him so that when the farmers come to the city line, they can get into any section of the city that they see fit. CHAIRMAN PARKER: I am going to call on Mr. Rourke, of Boston. I would like to say that he has spent many years on the Isthmus, and he is now in charge of all the technical part of the administration of the city of Boston, and I want to say further that both the Demo- crats and Republicans unite in applauding the work he has done. MR. L. K. ROURKE There is certainly nothing I can add to the very exhaustive papers which Messrs. Bates and Hough have just delivered. I might emphasize one or two points, however, that they touched on, namely, that the matter of road making is an engineering proposition and requires an engineering solution, and that any Tom, Dick or Harry you can appoint in charge of building highways for personal or political preference, is not usually going to make a success of it; furthermore, that the engineer in charge of that work should not only be an engineer, but an engineer of experience, and he should realize, and being an engineer of experience he will realize that he is not so much a dictator to the contractor as he is an arbitra- tor between the contractor and the contractee. Those two points were very ably discussed, but I simply want to emphasize them. Another point that was touched on by Mr. Bates was the matter of doing the work by day labor or contract. I am right at home on that. I have been on both sides of the fence. The day work in the city of Boston costs about 35 per cent more than contract. There are reasons for this, and they are not all graft or inefficiency, either. A great many people are inclined to say, when you ask why it is that municipal, State or national work is not as efficient as private work, "Oh, it is a matter of graft." That is not so at all. I have about 4000 men every one of whom are civil service employees, and those men must be retained on the pay-roll, and not be discharged except after a public hearing on proper charges preferred against those men and proven. The result of that is that men stay on the roll and become inefficient through old age, and the municipality or the State, or the nation, as a rule, does not demand the discharge of a faithful servant who has grown old in the service, that is nothing more than common decency and humanity. But, nevertheless, if the municipal service 96 AMERICAN ROAD CONGRESS has to do the work with that sort of men, you have got to stand the consequence of high cost. Another thing ; the legislature of Massachu- setts accords to public servants certain privileges which put me under a 12 per cent handicap over a contractor to start with, in the way of fixing the minimum wage at $2.25 a day for eight hours; furthermore, they grant the Saturday half holiday and all other holidays at full pay, and thirty days sick leave a year; all of which amounts to a 12 per cent handicap as compared with the contractor. For these reasons alone, which are legitimate reasons, it will be to the advantage of taxpayers who have to pay for public work, to have that work done by contractor under the supervision of an experienced engineer, who will not call for a five or ten year guarantee of a road to save himself the trouble of proper supervision and proper specifications. That guar- antee system, which has also been touched on today, is simply foster- ing carelessness, looseness, and inefficiency among engineers. Any engineer who knows his business can get out specifications that will not require a five or a ten year guarantee from a contractor; and when you get a five or a ten year guarantee from the contractor, you are paying for it, don't you forget that. There is another point that has come up today, which almost every speaker has recognized ,and yet it is over looked by almost everybody, and that is, the maintenance of roads. Every speaker here today without exception has talked about the importance of maintenance. I come from a State that was the pioneer in building State highways; Massachusetts is practically covered with State highways; it is no longer a problem with us to construct them, we build them by the mile, but the problem today with us is the proper maintenance of them. You have heard a great deal about the French and English roads, how superior they are to the American roads. One reason for that is that over there when they see a hole starting in a road, they immediately get busy and patch the hole at once. The gentle- men from Pennsylvania, Colonel Bigelow, has a very fine scheme which he outlined to us, and if he does not put it into effect he is going to make a failure of his roads. As I remember, he is going to have fifty division superintendents and he is going to have a patrol system. There must be a patrol system, the road must be handled like a railroad handles its track, and in no other way will it be a success. There is another thing that occurs to me in connection with Boston, for instance. The other day the Boston council passed an old-age pension ordinance, and on the first of March it goes into effect, THE CONTRACTOR IN ROAD WORK 97 whereby all laborers of the city who have reached the age of seventy years and have had twenty-five years service are retired on half pay. That affects two hundred of my men, so you may imagine what material I have to work with when two hundred men out of one department come under that rule with twenty-five years of service. It strikes me that these old men are just the ones for that patrol work. They are fond of pottering, like all old men; they have done that kind of work all of their lives, and that is what we want on our roads. How much better it would be to take these old men of the city or State service and put them on that work. If we don't take care of them in our department, there is one department that will have to take care of them, the poor department. What a fine scheme it would be to divide up the city highways and the State highways into sections, each section corresponding to the physical ability of the man you put on there, and you need not watch him; you can say, " There is your strip of road, you are to take care of it. " Instruct him what to do and appeal to his pride and go off and leave him. That is one solu- tion of the old age question. Down here in the South they have that question, but not to the extent we have it in the crowded North, and the very fact that Boston is pensioning her aged laborers has brought it to attention, and something must be done. If we can have our streets maintained as they should be maintained, and take care of the old men at the same time, it will certainly be an ideal solu- tion; and it is practical, because I have tried it to some extent, and it works. CHAIRMAN PARKER: I think you will agree with me that Mr. Rourke, as far as we can tell from what he says, is a pretty good man. MR. GILBERT: I read that in Massachusetts the maintenance of turnpike road costs $65 a mile per year. MR. ROURKE: Mr. Parker can tell you about that better than I can. CHAIRMAN PARKER: Sixty-five dollars a year? MR. GILBERT: Yes, I saw it in some papers some time ago. CHAIRMAN PARKER: I am glad to hear it, but it does not agree with my figures. It costs us something over $500 a year. 98 AMERICAN ROAD CONGRESS MR. GILBERT: I do not mean building, I mean maintenance. CHAIRMAN PARKER: That is maintenance. That is for all State roads. Before there were any automobiles, and when our roads were new, $65 would cover them easily; $50 would cover the maintenance cost. But the automobile has created different conditions, and $500 is more than it should cost, that is, restoring roads that are worn out by automobiles. Our method now of taking care of the roads is by the use of bituminous material on the surface. This has not recon- structed them, but has stopped their disintegration and saves their life. That is now under other administration than mine. I am no longer highway commissioner. I am going to ask Mr. Roberts to discuss this matter. MR. W. J. ROBERTS: I feel that this is a rich experience. I spent most of last week in Rochester, and I am going to spend most of this week in Richmond. This is my first trip to the South and I want to say that the hospitality here in the last twenty-four hours has been appreciated by your guests. It is a good thing for a man who comes from the west to touch elbows with men from populous New England, such men as Mr. Rourke, of Boston, Professor Blanchard, of New York City, and it may be invidious to mention the names of the gentlemen that I have been drawing inspiration from; but to touch elbows with men from Michigan and Minnesota and all of these States, Virginia not excepted, is a good thing for us who come from the far distant west. The State of Washington, which I repre- sent, is a State of remarkable topography. It has one-fourth of its area set aside by the federal government for a forest reserve. The conditions there in road building are almost novel. To get to the county seats and the State capital requires us to cross the forest reserve. There is no reason why the government should not build highways through the reserve, and it is building a small portion in Rainier National Park, but it is slow. We have a drainage problem; we have an area as large as Massa- chusetts on which there is only 7 inches rainfall annually; and we have another area as large as Massachusetts which has 100 inches of rain- fall annually. But let me say that the problems of hydraulics, physics, the laws of cohesion and adhesion are about the same in the State of Washington as in Washington, D. C., and the young engineer educated in Boston, or New York, or Chicago, or Virginia, or Alabama, THE CONTRACTOR IN ROAD WORK 99 is qualified to deal with those conditions just as well in the State of Washington, or Oregon, or California, as on the Atlantic coast. We have a State aid law, and $950,000 will be available for the year 1912; together with this, there is something left over from 1911, several hundred thousand dollars, and this is being expended on per- manent highways. When I heard the question asked what it cost annually to maintain good roads, I referred to the lecture given at Rochester, in which the lecturer pointed out the advantage of the use of the split-log drag, costing $8 a day, covering 8 miles. We build roads out of straw in Washington; we build roads out of sage brush; I rode over one of those roads last week with an automobilist and he said "Why didn't you do this earlier in the year? " The trouble was that there was jealousy among the farmers, each was afraid he would help the other fellow; but I am glad to say that they are cooperating more than ever before. We also have miles and miles of corduroy road, water-bound macadam and various mixtures, and now we are going into the higher types that we have been told about in these two conventions, in the last two weeks. I might say that we are building a type of road costing $10,000 a mile for bridges and culverts and right of way, and putting on a surface costing $15,000 a mile in addition, making the road cost us $25,000 a mile. I listened with wonder to a man that said that we could not afford it. This road is by the farm of my friend Terrace. We are using convicts on the road; we have five quarries to operate and we are using 150 convicts, and we are going to use more as soon as other quarries are ready. Those convicts are treated like human beings. I was talking to one of the convicts about their treatment; I said, "I have seen you before, where did I see you?" He said he was with me years ago, and he named the place; his brother was with me now. I asked him what was the trouble, and he said "I cashed a forged check for a man, as man to man, and when I tried to cash it, I found it was a forged check; the prosecutor told me to plead guilty, and I did , and I am here for two to five years. " He is a fellow that I would not hesitate to take a hunting trip with through the mountains and sleep and eat with him as I would with you. I have never had this work to do before and it is an entirely new prob- lem to me. I might say that the government of the convicts is vested in the prison board, and I have nothing to do with that. We treat them well. We had fifty men of whom forty were convicts, and we gave them 1500 pounds of flour, the best we could buy, 1500 102 AMERICAN ROAD CONGRESS this federal government of ours to make national highways and we took our coats off and we went to work and we are getting results. I took notice yesterday that your senator from this State and your governor from this State and all the eloquent men of Virginia, said that Virginia was the first in everything. I am sorry to think that Virginia lags behind when it comes to this great road movement. The first congress that was ever held in the United States on this great road movement, was held in Seattle, and there is a building there today devoted to this good road movement. You talk about your advance guards; I want to say that that little State that is on the Pacific Coast is the star in this movement today. Now we have heard a great deal about the construction of these highways, let us hear a little about the benefits of these highways. Mr. Chairman, I am a farmer, a dairy farmer, and as I have to use those roads 365 days in a year, it is me that knows something as to the benefits of good roads (applause). I raise other truck besides milk; one year I raised seventy-five tons of cabbage; I had to haul that cabbage to a sauer-krout factory in Seattle, and 2500 weight was the best I could do with two horses, that weighed 1700 pounds each and 2500 pounds was the best I could do. I left my home at 6 o'clock in the morning and returned home at 6 o'clock at night, a tired team and tired man, and allowing myself $5 a day for myself and my team, which was little enough, it cost me $5 to land my 2500 pounds of cabbage hi market. What is the result? You heard our State highway commissioner tell you about this good road that passes my farm. The result is that today I put my three tons on the same wagon with the same team, but they are a little older; I leave two hours later and I get back without a strain on my horses, and it is a pleasure to drive over the road. Now it is for you to see what this thing means to me. If it took $5.00 to get that 2500 pounds of cab- bage to market, and I can now get 3 tons in for less, it is easy to see what that means to me; 3 tons of cabbage means nearly $150. Now I heard that the railroads have decreased their prices for freight, that they are hauling freight for less than they used to do and that it is costing more for the farmer to get his freight in than it used to do. I want to tell you right here, and if there are any farmers present, I want them to take notice of what I am going to say; that if we get good roads we can beat the railroads, we can take our freight to the market under certain conditions cheaper then they can, and I can illustrate it to you. I told you before that I was a dairyman; THE CONTRACTOR IN ROAD WORK 103 it cost us farmers 1 cent a gallon to take our milk into Seattle; that meant they took our milk in and brought the empty can back; for that we paid the railroad 1 cent a gallon, and we had to hitch our team up in the morning and take our milk from the farm to the rail- road station; some of those farmers had to travel 3 miles, 2 miles, 1 mile, down to the railroad; but we all had to hitch up. Since we have got that road, we have put on large automobile trucks, double- deckers; they come right there to your barn, they take your milk, fetch your empty cans back to the barn, and we pay \ cent a gallon (applause) . Mr. Chairman, what does that mean to us? I mean to say that there are 17,000 cows in our valley, and I mean to say that what we save on the milk alone in one year will pay pretty nearly for the whole cost of that road (applause). It is a business proposition; it is the best paying investment that is on my farm (applause). And, Mr. Chairman, a good road is like a good restaurant, it does its own advertising. If you got a good meal in a restaurant, you can depend you can go back again, and you will take you neighbor. The great trouble is that the most of our farmers do not know what a good road is (applause). Now I am a Granger; I attended that convention in Columbus, Ohio; I came from there right here. I speak for our great Grand Master in Rochester, and I mean to say that there are a million mem- bers in connection with that great organization of farmers, but they do not know what a good road means, the great rank and file of that organization. These very men, my neighbors I stood there alone, single handed, fighting day in and day out to improve our public highways, but they were all against me; and today they have turned around and say, "What fools we were." You can't get those men to go back into those old ruts and those old mud-holes for half the price of their farms. As our State highway commissioner said here, we have roads costing us $25,000 a mile. This great national highway we will turn over to you; we do not begrudge the money; we think it is the best invest- ment we could have made. Now when it comes down to this convict labor, I mean to say that is another good proposition, because you know I have been one of those men who have taken their coats off to fight for all of these things, so I am familiar in my own humble way with everything we have gone through. We have had our ups and we have had our downs; 104 AMERICAN ROAD CONGRESS but we have always forged ahead. I remember well when this con- vict labor was first broached by a little handful of men, not exceeding twenty men, all we could get together in that stage, and we fetched the matter up about working convicts on the public highways. As you know, our State is a wonderful State; she is divided clear in two; there is a range of mountains called the Cascade Mountains running north and south, and towering up about 14,400 feet. On one side of that great range it never rains, but they have lots of snow. On the western side of that slope there is nothing but rain; it rains there some- times continually for six weeks or two months and never lets up, so you see we have lots of water there; but the country on the east side is a hard country to get into; there you find little valleys isolated from the rest of the world, and the men and women in those little valleys for six months out of the twelve had might as well be in the peniten- tiary, they were shut in fast with no communication with the outside world, and is it any wonder that the young men and women are flock- ing to the towns? They will not put up with such as that, you can't expect them to, and they won't do it. Once they visit your cities and see the beautiful lighted sidewalks, your entertainments all the young men and women going about well dressed, how can you expect these young men and women to stay there three, four, or six months in the year, cut off from the world? That is the situation, but we have done better than that. These people were not able to make roads through those mountain passes where there was nothing but rock work to be done. We advocated that, we talked and talked, and finally we got the convicts and cut roads through those passes to save those people from going over the tops of the mountains. There were per- pendicular cliffs running up twelve and fifteen hundred feet high; we got the convicts to go in there and shoot those rocks out, blast them out, and give these people an outlet. It has been a success. We have just begun, and we are going to continue, and if we have done that you can do something. There is no State in this Union but what its penitentiary is filled full of men, and you can't put them to any work that will do as much good as on the public highways (applause). That is where every man, every woman and every child will get the benefit of their work. The Grange that I belong to sent me down there to that convict camp to see how they were treating those people, and I had to make a report. I saw the food they had to eat and it was just as good as any man wants to eat. I spoke to them and asked them whether they had rather be on the road or in the penitentiary, THE CONTKACTOR IN ROAD WORK 105 and they assured me that they had rather be on the road, as they had the pure mountain air, and could see the steamships running up and down on the Columbia River, and moreover they were learning how to work, which none of them knew before. It was healthy for them it was good for them, and it was good for us (applause). Now, Mr. Chairman, there was another thing that struck me yesterday. We want to reach the farmers. You can meet here every week if you have a mind to, you can discuss the merits of road- building every day; but if there is no demand for your work, it will amount to nothing. The farmers are the men to demand your work. You are the men who have got to construct the roads, but that won't get the farmers interested in wanting roads so they will pay you fel- lows for doing the work. I was interested in a picture I saw last night, and I think it would be good policy on the part of the United States government, or the bureau, to send men through the country, through the farming districts away back, and show those lantern slides and get them interested; show them the beauties of these roads, show them the folly of these old roads and the pictures of the buggies stuck in the mud clear up to the hubs of the wheel; get them thinking, and once they begin to realize you will have to manufacture engineers by wholesale to keep up (laughter and applause). Now, Mr. Chairman, I have kept you about long enough, but I am representing the State of Washington here, I am the delegate to this convention, and I want to see a free discussion here. I want to see our national government do something (applause). We have been meeting long enough now and doing nothing. We have got an immense forest reserve, which our highway commissioner told you about, and immense tracts of timber, the finest timber in the world, trees running up 200 feet to the first limb, running from 6 to 8 feet in diameter at the butt. Timber is getting valuable; our government is selling this timber, as long as this timber belongs to all the people, why not take the proceeds of that timber and let us put it in public highways? That money will be squandered and wasted in battle- ships, in one nonsense and the other (cheers and applause) . Why should we not, as farmers and men interested in this great movement, claim our share of it before it is all gone? (applause). Now, Mr. Chairman, I am about through. I hope before I go home I may hear something here that I can take back to that grand young State that was named after that great man, that you people are up and doing and going to get some results. We are getting results 106 AMERICAN ROAD CONGRESS now, but I do not want to make you fellows feel ashamed of your- selves (great applause). CHAIRMAN PARKER: Gentlemen, you notice how much better tempered Mr. Terrace looks now. If he had all of that on his mind, I don't wonder (laughter and applause). HIGHWAY BRIDGES A. N. JOHNSON State Highway Engineer of Illinois As each State has taken up the problem of highway improvement, there have been found conditions and problems for which the experi- ence gained by States that had already studied the problem did not offer a complete solution. Thus it happened when the Illinois high- way commission understood the study of highway conditions in Illi- nois, they were confronted by the fact that a very large proportion of the money spent for road purposes was for the construction and maintenance of highway bridges, and that there existed among the local officials a desire for assistance in the construction of these struc- tures. The policy was therefore adopted of making a special study of highway bridges. The conditions found in Illinois applied so generally to a large num- ber of States, and the work of the Illinois highway commission in assisting and directing the construction of highway bridges proved of such benefit, that much attention has been attracted to this branch of highway work. The wide spread interest aroused, and the importance of highway bridges are readily understood, when we consider for a moment that the bridges are the essential links connecting many sections of road which would otherwise be absolutely useless. There are now in all sections of the country wide areas well traversed by roads which are much used, and over which practically all descriptions of country highway traffic pass. The mileage of such roads is so great as to preclude the immediate realization of their being covered with an improved, durable road surface. But in the meantime the use of these roads is such as to demand at present a class of highway bridges practically the same as would be demanded were these roads improved. Therefore, we find that the standard that should be adopted for high- HIGHWAY BRIDGES 107 way bridges is necessarily considerably in advance of the standard of road surface in the immediate vicinity; and that in fact the character of the bridge required is practically independent of the nature of the road surface leading to it. The first consideration in the construction of a bridge is the public safety, and its cost must be subservient to this requirement. The engineer far better rest under the criticism that he designed a bridge heavier than immediate needs may require, than to shoulder the responsibility of loss of life through an attempt to economize in the first cost of the structure. The number of bridges in use on our highways today in the well watered areas of the country makes their cost and maintenance a very large proportion of the amount that is raised by the taxpayers for expenditure upon the highway, and while exact data are lacking to show the precise amount relatively spent upon roads and bridges, it can be said in general that in those sections of the country where a majority of the roads is unimproved that the bridge expenditure will average from three-tenths to one-half the total amount raised for road and bridge work. It is evident that the more that is spent upon the roads proper and the higher the cost and standard of road surface maintained in a com- munity the less in proportion will be the bridge cost. And it is a fact that the States first taking up the question of road improvement were those where a greater proportion of money was spent on the road surface. Thus the cost of the bridges appeared relatively less, and did not present so large a portion of the road problem as has been the case with many States subsequently taking up highway work where a great majority of the roads are earth roads, on which but small sums per mile have been spent. When the attention of various State highway commissions was turned to a study of the highway bridges, it seemed to be almost universally noted that a vast majority of the structures now in use were poorly designed; at least a vast majority of the structures have been found to be inadequate to modern traffic conditions. Compara- tively few structures have been erected under proper specifications and design. In a majority of instances no engineer whatever had been retained by the local authorities putting up the various structures. In general the most adverse conditions were imposed, and the limited funds have made necessary the erection of the least expensive bridge possible. Through lack of funds, through competition, and 108 AMERICAN ROAD CONGRESS through, in some instances, of practices of more than doubtful charac- ter, the result has been the building during the past twenty years in practically all sections of the country of a class of highway bridge of the most ephemeral character. Often lacking sufficient foundation, usually composed of the flimsiest members, there was required no extraordinary flood conditions to wipe them away entirely, and but comparatively small lapse of time to so corrode as to render these structures practically worthless, and they have been soon replaced by others. Too often the history of these bridges has been that scarcely any better structure was erected the second time than first occupied the site; so that it is found that while no small sum spent for highway bridges is for new bridges, really it is a maintenance expensive as the new bridge merely replace the old ones that are worn out or have been destroyed, while the amount spent for new bridges on new sites is comparatively small; so that we may regard the principal portion of the amount spent for bridges really as bridge maintenance. There is little difficulty to demonstrate the economy in designs for durable bridges in this first instance. While criticising the light designs of many steel highway bridges erected a number of years ago, due allowance should fairly be made for the lighter loads which bridges twenty and thirty years ago were called upon to bear in the country districts. At that time a 6 or 8-ton traction engine was about the heaviest concentrated load to come upon these structures; whereas, today 15 and 20-ton traction engines are no unusual occurrence. In the first lay out of an improved bridge thought and attention should be given to the subsequent improvement of the road in the immediate vicinity, and these considerations should influence the position of the new structure. For example a better alignment is required by modern traffic conditions. It is no unusual occurrence to see a highway bridge built to fit the stream only, utterly disregard- ing the sharp turns such a position may necessitate to the direction taken by vehicles. It is clear that the controlling factor in the design of any type of bridge will be the load which the structure must carry, and until the question of loading to be provided has been settled, definite specifi- cations can not be made. The specification for loading is the first, and perhaps the most important, point to be considered. The problem of what loads to allow on a highway bridge involves HIGHWAY BRIDGES 109 much greater uncertainty and necessitates perhaps more investiga- tion than is the case with almost any other type of structure designed to carry given loads. That this is true will be readily seen when we stop a moment to consider the usual conditions prevailing on highway bridges, particularly country highway bridges. We first ask ourselves what is the largest load that will come upon this bridge. If the bridge is located comparatively near some center of population, it might be conceived that on the occasion of some fete, or of a fire or some other spectacular event which would call forth a crowd, this bridge would be entirely filled with people closely packed together, imposing a load totalling 125 to 150 pounds per square foot. Failures from this very cause have occurred with great loss of life. But such a crowd we could scarcely conceive to be on a bridge remotely situated from a center of population. A bridge so situated would probably receive its heaviest loads from the passage of a large drove of cattle, which might easily weigh from 85 to 100 pounds per square foot. In another instance we could conceive of a large amount of teaming and one heavily loaded wagon closely following another. Such a load, however, of horse drawn vehicles would seldom reach 600 pounds per lineal foot, which would be equivalent even on the narrowest roadways to not over 50 pounds per square foot of bridge floor. But, in turning out for other wagons it very possibly could hap- pen that a line of loaded wagons would be driven close to one truss and deliver to that truss stress equivalent to a 100 pounds per square foot over the entire roadway of the floor. There are in use today wagons to be hauled by traction engines which will give loads equivalent to 1500 or 1600 pounds per lineal foot, and would thus subject a 16-foot roadway bridge, if the entire span were covered with such a train of wagons, to an equivalent load of 100 pounds per square foot of roadway. There is much less prob- ability of a long span being as heavily loaded its entire length as a short span. The usual allowance of 100 pounds per square foot seems adequate for most conditions, and is probably excessive for spans over 125 to 150 feet in length. The nature of the country around about exercises some influence on the character of loads that come upon our highway bridges. For instance, in hilly and broken country there is not the need or possi- bility for the use of very heavy traction engines. Under these con- ditions, it would not, therefore, be necessary to make provision in the design of a highway bridge for such heavy concentrated loads as for bridges situated in different surroundings. 110 AMEKICAN ROAD CONGRESS Where our highway bridges are subjected to street car traffic, and to heavy traction engines, these loads are known with considerable exactness and provision for them can be readily made, and there does not exist so very much uncertainty as to what should be allowed. These loads, however, do not control the design of the main features of any but very short span structures. The design of our longer span structures is controlled by the uniform loading per square foot that is to be carried. It is this loading to be provided for that is the most uncertain element in the design of highway bridges. It has been usual to recognize the varying requirements of loads for bridges by classifying them as city, suburban, country highway bridges, and so on, the chief difference in loading being in the requirement for the concentrated loads to be carried, usually allowing for the rural highway bridges a 6 or 8-ton traction engine load. But today in those sections of the country where traction engines are used, such loading is totally inadequate, and nearer 20 tons should be used. Perhaps enough has been brought out on this point to show the necessity of closer investigation of this essential feature to bridge design. Let us pass on to another point. It has long been recognized that certain portions of steel structures receive immediately a greater stress and a greater shock than do other portions of the structure; and allowance is made therefore by a lower working stress for the steel in such parts. It is also the practice to add a certain proportion of the live load stress in a given member of a steel structure for what are called impact stresses. These impact stresses from the usual formulae for them increase the live lead stress as much as 80 to 75 per cent, and vary from this downwards. The formulae on which these allowances are based are for the most part empirical, and apparently have been derived by taking a certain fraction of the impact stress allowed in similar portions of a bridge designed for railroad service. If any analysis of these impact stress allowances is to be made, it is evident, first, that they must be communicated through the floor to the members immediately supporting the floor construction and thence to the truss members. Such stresses must, therefore, depend upon the character of the floor in the first place. In order to arrive at some rational conclusion as to what to allow for such stresses, there have been conducted by the Illinois Highway Commission a series of tests with bridges of various designs and with various loads, to ascertain by actual measurement how much stress HIGHWAY BRIDGES 111 over the static stress produced by the load is transmitted to the vari- ous members of the bridge. This investigation is still under way, so that at present it would be impossible to state definitely what the final conclusions may be. It may be said, however, that so far there is every indication that the allowance usually made for impact stresses is far in excess of what actually occurs. For example, no impact stress whatever, or at least of so small amount as to be practically negligible, has been noted from heavy loads, that the greatest impact stresses come from light moving loads. If, therefore, our bridge has but a light load upon it, even though the impact produced by this load may be double or more, that due to the static stress of the load itself, yet the stresses allowed for full loading would more than take up all such impact stresses. If there are no impact stresses from a heavy load, then there would seem to be no logical reason for additional stress to be allowed in the members of the structure from this cause. It has also been found that where a concrete floor with a protecting pavement or cushion is provided, that the impact stress from heavy loads is very much less than in the case of the wood floor. These investigations have also included the effect of the distribution of a concentrated load over the floor system. Another development in highway bridge construction has been introduced by the employment of reinforced contrete. There is an increasing use being made of reinforced concrete by its applications to viaduct construction; also for long bridges over those streams where one or more piers in the river does not constitute a serious obstruction and may be put in at a comparatively reasonable cost, it is entirely feasible to put in short span reinforced girder construction where previously long steel spans have been used. An investigation has been carried on by the Illinois highway com- mission on a 40-foot through girder concrete bridge that has given some very interesting and somewhat remarkable results. While this investiagtion also has not been completed, it has been demonstrated clearly that there is a great increase in rigidity of reinforced concrete structures. For example, when the structure under test was ninety days old the deflection was measured under a certain load, whereas when the structure was a little over three years old it took twice the same load to produce the same deflection. The possibilites resulting from reinforced concrete design with the use of girder construction makes possible concrete bridges where 112 AMERICAN ROAD CONGRESS arches would be impractical from their great expense, owing to the fact that the arch to be stable must have the most rigid of foundations, and such a foundation, if secured on other than the hardest of shale or gravel footings or rock formation, can be attained only at com- paratively large expense. The great risk that is run by putting arches on other than the most secure of foundations has been well illustrated of late by a number of failures of these structures, in every instance caused through inadequate provision in this particular. On the other hand, where the foundation may subside somewhat under a girder or slab, no serious results happen to the girder. Thus the allowance to be made for such a foundation need be no greater than usually allowed where steel spans have been erected. The reac- tion from the girder spans on the footings is vertical, and the subsid- ence therefore in a vertical direction. But in the instance of arches the reactions are at an angle and subsidence causes a displacement of the entire foundation, making it practically impossible to restore, without extensive reconstruction, the stability of the arch structure. In the design of reinforced concrete structures of any considerable span, the weight of the bridge itself to be supported is usually consid- erably more, frequently four to five times that of any possible live loads to be supported; and with the usual low stress limit taken for both concrete and steel, it may be easily shown in such structures that for either of the materilas to be stressed at all near their elastic limit, will require from seven to ten applications of the live load. In other words, on these structures, even if the live load should be doubled, the stress in the materials has not been very much increased and has not been brought at all near a dangerous limit. So that. if reinforced concrete bridges are designed with the ordinary low work- ing stresses in the steel and concrete to carry the dead load, they are amply safe for all possible conditions of loading that can arise, save in the case of comparatively thin floor slabs which carry a concentrated load of considerable weight, in which case the floor slab must be designed to carry not only its own weight, but the concentrated load in addition. Moreover, it is well established that the older these concrete structures are, the more rigid they become and more abler to carry their loads with decreasing deformations in the structure, and consequently decreasing wear and tear. There is, however, one point in the design of reinforced concrete structures that should not be over looked, and should be mentioned even in a paper of as narrow limits as the present one; and that is HIGHWAY BRIDGES 113 the temperature stresses. It will be found on investigation that the steel reinforcement, or at least that portion of it comprising the prin- cipal reinforcement in girders or beams, will receive its greatest stress from temperature changes. Where the superstructure is heavy, to provide sliding plates at the end of beams does not seem to be sufficient entirely to relieve the steel reinforcement from temperature stresses. The great weight and the high coefficient of friction make the force necessary to allow a slip, a very large part of the allowable stress in the steel. In fact on a number of bridges of this character under the writer's observation, although provided with these plates, and between the plates heavy oil or paraffine was inserted, the abutments usually give before there is any sliding. It would seem, however, if the dead load stresses do not require over 10,000 or 12,000 pounds per square inch of the steel reinforcement, that there will be enough reserve to withstand the additional stress produced by temperature, although the steel deformation in this case may be occasionally sufficient to cause fine cracks to appear in extreme cold weather in the lower portion of the beams and girders. These, however, entirely close up and disappear with a rise in the temperature and would seem to be a cause for no anxiety as to the stability and strength of the structure. For example, in the test bridge before mentioned, a 40-foot span carries a load of 580 tons, with a deflection of a little less than one inch, although the structure has passed through three winters. This load has been on the bridge for a number of weeks, so that in the writer's opinion well designed reinforced concrete work may be con- sidered fully as trustworthy as any material or construction. It has been impossible in the limited scope of a paper of this sort to enter into the many details of highway bridge construction, but enough may have been brought out to illustrate the aim of this paper, which is that there are many important phases governing the design of highway bridges yet to be met, that the importance of these struc- tures has not until recently been recognized, and they have only begun to receive the attention of engineers that their importance demands. It is hoped that the study given to this subject at present will result in some material addition to our knowledge of benefit to engineers, and through them to the public paying for and using these structures. And finally that the construction of well designed bridges is an essen- tial step towards future road improvement. The Association then took a recess until 8 o'clock p. m. ROAD USERS' DAY November 22, 1911 COLONEL WM. D. SOHIER, Chairman, Member of the Massachusetts State Highway Commission ADDRESS OF WELCOME PRESTON BELVIN, President Virginia Automobile Association Members of the American Roads Congress and invited guest, I have been requested to extend to you welcome to the Commonwealth of the State of Virginia and to the beautiful City of Richmond. The members of the Virginia State Automobile Association also Richmond City Automobile Association and every citizen of Virginia join me in extending to you a warm, hearty Virginia welcome. Several years ago I attended a convention in the city of Louisville and the welcome was "Howdy. " A little over a year ago I attended a convention in the city of New Orleans and there it was "We are glad you have cum and hope you will cum again. " This, year I attended a convention in Rochester where the words of welcome were "We are glad to see you and trust you will feel to hum." Now, gentlemen, we want to say to all of you: "Howdy." " We are glad you have cum and hope you will cum again" and while here we trust you will feel to "hum;" and assure you it will be no fault of ours if you are not in touch with the hospitality for which Virginia is famed. You had emblazoned upon your banners since leaving home "on to Richmond. " In years gone by it took four years to come from the borders of Virginia and capture the City of Richmond. Times have changed. You have been sailing through Virginia on beautiful roads. You are here and are ours and we trust your captivity may prove a great pleasure and your visit in attending this convention will prove valuable to you and the information that you may carry back to your section of the country, be valuable to its citizens. 114 ADDRESS OF WELCOME 115 Good roads are important in the financial, social and educational well being. No enumeration of their advantages would likely include all of the benefits. Good roads decrease the cost of transportation; permit the cultiva- tion of crops, not otherwise marketable; of a wider choice of time in the marketing of crops ; permit the marketing to be done when the prices are most favorable; of a wider choice of the marketing place; permit more easy intercourse between the members of the rural communities; often change rural, into suburban property; make it desirable for people living in the city to purchase homes in the country where they can be accessible by good roads, and make it possible for the United States government to successfully distribute rural mail while the government does not spend a dollar to improve the roads they are wearing out. Good roads facilitate the consolidation of school in rural districts, thereby increasing their economy and efficiency. This is an important matter to the coming generations throughout this country, especially in the South. Without good roads it is impossible to successfully carry on consolidated schools. In Virginia we have more of these schools than any other Southern State, due to our active, wide awake and able State superintendent of schools, Mr. J. D. Eggleston, Jr. The great educational institutions of our country are waking up to the importance of training our young men in good road building. The Columbia University of New York has already established a chair for good roads engineering. Other universities and colleges are following her lead. This is an age of practical education and our public schools should add to their curriculum a special course in road building. If I have been correctly informed the government of the United States has made an appropriation of $2,000,000 for erecting a me- morial to Abraham Lincoln. Mr. Lincoln, as we all agree, was a prac- tical man, and if he were alive today, he would protest against having his name immortalized in a monument of stone or an arch of bronze. It has been suggested by some that a highway be built from Washing- ton to Gettysburg to be known as the Lincoln Highway. There is at present a most excellent road leading from Washington City to Gettysburg and it would be establishing a most extravagant precedent to use Washington as a hub and build national highways to the battle- fields throughout America. In fact, it would bankrupt the govern- ment. 116 AMEBICAN ROAD CONGRESS Mr. Lincoln believed in a united country. He devoted the last years of his life to accomplishing this purpose and became a martyr to his success. Now, gentlemen, can any suggest a more befitting, lasting me- morial to Abraham Lincoln than a highway built of everlasting materials from the Federal capital, Washington to the Confederate capital, Richmond, Virginia, to be known as the Lincoln Memorial Highway, linking together the foremost historic cities of America. This highway would pass through the most interesting sections of this entire country, for Virginia, it must be known, has been the battle- field of all of the great wars in America the early Indian wars, colonial wars, surrender of Cornwallis at Yorktown, Virginia, and the closing of the war between the states at Appomattox Court House, Virginia. Every question in which war was involved in the United States has been determined upon the soil of Virginia. Let me take you by easy stages from the City of Washington to the city of Richmond, every inch of which enters into the history mak- ing epochs of this country. Alexandria County We pass near the historical home of the im- mortal George Washington, Mount Vernon, through his landed estates, and over the very roads so frequently travelled by him. Spottslyvania County The county where the great battles of Fred- ericksburg, Chancellorsville and the Wilderness were fought and where Stonewall Jackson met his end. The highway would wind through the historical counties of Caro- line, Hanover and Henrico. To describe the great battles that took place hi these counties would consume too much of your time, but will say this highway would pass through a section dotted with battle- fields, to the breastworks around the city of Richmond. Within a radius of a few miles of Richmond the tourists, sightseers and those interested in the history of our country would be in easy touch with the battlefields of the crater, Gaines Mill, Malvern Hill and if you would take the Peninsula highway road, which is possibly one of the best sand clay roads in the country, you would pass through the historic city of Williamsburg, where is located the William and Mary College, one of the earliest institutions of learning in America. You would also be within a few miles ride of Jamestown, Yorktown and Fortress Monroe. There are so many historical attractions in and around the city of Richmond, it would consume the entire time of this convention to enumerate. MOTOR TRAFFIC REGULATION IN MASSACHUSETTS 117 We are proud to have the first Good Roads Congress of America assemble in the city of Richmond in conjunction with the American Association for Highway Improvement, and we trust that Richmond may be named as the permanent Convention City of your congress. Allow me again to extend to you a hearty and cordial welcome to the State of Virginia and its capital city, Richmond, and when you leave we trust that you will have a pleasant and safe trip to your homes and feel that you were profited and benefitted by attending the Good Roads Convention held in Richmond. MOTOR TRAFFIC REGULATION IN MASSACHUSETTS COLONEL WM. D. SOHIER, Member of the Massachusetts State Highway Commission I feel highly honored at being asked to address you on "Road Users' Day" and to speak to you especially about automobile regu- lation in Massachusetts. Before taking up this special subject it may be well to consider what the character of the travel that is using our highways at particular points is, and how that travel is likely to develop in the future. In 1909 the Massachusetts highway commission made a traffic census of the vehicles using State highways. The passing vehicles were actually counted at 240 stations upon our State highways scattered throughout the State for 14 hours a day, 7 days in August and 7 days in October. They were classified into heavy and light horse-drawn vehicles, and the motor vehicles were divided into touring cars and runabouts. At that time the motor truck had not appeared. I insert below a table, which I will not read to you, which gives a summary of this traffic census. The actual count showed that on some of the roads the motor vehi- cles, even at that time, constituted 90 per cent of the traffic and in several instances over 1100 cars a day passed a given point. A census was taken at certain places in the parkways near Boston and this count showed over 60 per cent automobile travel and over 3000 automobiles a day. Even at that time, therefore, on many of our highways, especially on the main routes, it was found that the motor vehicles constituted more than one-half of the travel. 118 AMERICAN ROAD CONGRESS Average Daily Traffic All Stations AUGUST CENSUS OCTOBER CENSUS Horse-drawn Light 19,622 Heavy 17,969 Total 37,591 Automobiles : Runabouts 5,922 Touring cars 21,387 Total 27,309 All kinds 64,900 Per cent, horse drawn 58 Per cent automobiles 42 Average per station* Horse drawn: Light 83 Heavy 76 Total 159 Automobiles 115 All kinds . . 274 16,456 17,967 34,423 3,995 14,514 18,509 52,952 65 35 75 144 77 221 "In August 237 stations; in October 240 stations. ACCIDENTS UPON OUR STREETS AND HIGHWAY I thought it would be of interest to ascertain as accurately as possi- ble the cause of the various accidents which occur in our streets and highways, how many of them were due to traffic, how many to other causes, and of those due to traffic what proportion was due to the motor vehicles and what proportion was caused by other classes of vehicles using our highways. At my request many of the following figures were collected and collated from official reports by Mr. George McClure Sargent, secretary of the Safe Roads Automobile Associa- tion of Massachusetts. Automobile accidents throughout the country are receiving an undue share of notoriety. They are given scare headlines in the papers, partly because this is a new means of locomotion and partly because of the prominence of the people occupying the automobiles. MOTOR TRAFFIC REGULATION IN MASSACHUSETTS 119 I think this matter will be of some interest to you. Please remem- ber that of all the automobile accidents which we were able to hear of and report, 960 of the total of 1182 accidents in 1910 occurred in city streets. In other words, 4 accidents occurred in city streets to every 1 that occurred in the country. The figures submitted by Mr. Sargent were taken from the reports of the police commissioner of the City of Boston and of the railroad commissioners of the State of Massachusetts. As the months reported on do not exactly correspond, I have made them as nearly as I could to represent the same period of time as is covered by the report of our commission. ACCIDENTS IN BOSTON STREETS During the year ending November 30, 1910, according to the report of the police commissioner, the following number of people were killed and injured in the streets, parks and squares of Boston: Total number of people killed 94 , Total number of people injured 2025 Due to Traffic : Deaths 50 Injuries 1022 In other words, only about half of the deaths and only half of the injuries were due to traffic. Very few of these injuries were due to fire engines, bicycles and trains, so these figures are omitted. Deaths and injuries due to traffic Total number deaths, 50 Due to horse drawn vehicles 15, or 30 per cent Due to trolley cars 22, or 44 per cent Due to automobiles 13, or 26 per cent Total number injuries, 1022 Due to trolley cars 383, or 37 per cent Due to horse drawn vehicles 359, or 35 per cent Due to automobiles 280, or 27 per cent In this same period of time various other accidents were due to other causes, by far the largest of which were falls resulting in 23 deaths and 777 injuries. 120 AMERICAN ROAD CONGRESS In other words, there were nearly twice as many deaths and nearly twice as many injuries in the streets of Boston which were due to people falling in the street and being injured than were due to motor vehicles. It is a little hard to make comparisons because the number of electric cars, horse drawn vehicles and automobiles is not, really, a fair criterion. The mileage should also be taken into account. INCREASE IN MOTOR VEHICLES To make a comparison today, we should consider the growth of the number of automobiles using our streets. Automobiles were registered in Massachusetts In 1903 3,241 In 1909 23,902 In 1910 31,347 In 1911 38,677 At least 5000 dealers' cars are registered as well. Since our traffic statistics were taken the number of automobiles registered hi the State has increased over 60 per cent. DECREASE IN HORSES In Massachusetts in 1909 about 169,000 horses were assessed and in 1910 about 165,000. In this one year the number of horses assessed had decreased 4000 and the number of automobiles registered had increased 7400. Undoubtly there is more of a change this year. I merely put in these figures as preliminary to further consideration of to what extent the automobile is responsible for the accidents which occur on our highways. It is evident today that they consti- tute fully 50 per cent of all the vehicles that are passing over our highways. MILEAGE OF MOTOR VEHICLES To ascertain the mileage covered by motor vehicles in Massachusetts one must adopt a somewhat arbitrary formula. I have adopted one which I believe to be conservative and, if anything, I think it does not show sufficient mileage for the motor vehicles. Assuming that each automobile registered for a full year has a mileage of 5000 miles; that each auto registered for three months has MOTOR TRAFFIC REGULATION IN MASSACHUSETTS 121 a mileage of 3000 miles and that the 5 cars registered by each dealer have a mileage of 10,000 miles per year, we find that the automobiles travelling over the roads in Masssachusetts went in one year 185,806,- 000 miles. This leaves out of account the fact that fully one-third of the cars in our State for two to three months in the summer are non-resident cars, entitled to use our highways freely for ten days provided the State in which they belong grants like privileges to citizens of Mass- achusetts. (I might say that this privilege is granted to non-residents by all of the New England States, without exception.) ACCIDENTS TROLLEY CARS AND MOTOR VEHICLES It is interesting to compare, upon this basis of mileage the accidents occasioned by trolley cars and the accidents occasioned by automobiles. The trolley car mileage and accidents are both official figures taken from the railroad commissioners' report. Trolley Cars: Miles travelled, 87,712,572 Fatal accidents Passengers and employees 28 Outsiders 78 Total 106 Injuries Passengers and employees 5273 Outsiders 1917 Total 7190 Motor vehicles: Miles travelled, 185,806,000 Fatal accidents In motor vehicles 25 Outsiders 52 Total 77 Injuries In motor vehicles 378 Outsiders 585 Total 963 Assuming that the above mileage for motor vehicles is correct, we should have the following results : 122 AMERICAN ROAD CONGRESS Number of miles travelled by trolley cars and motor vehicles to each ensuing accident TROLLEYS MOTOR VEHICLES Miles per accident to anyone including fatal cases 12,053 178,660 Miles travelled per fatal accident 827,477 2,413,065 Miles travelled per injury 12,199 192,945 Accidents to persons who are not employees or occupants of cars Miles travelled per accident 44,389 291 689 Miles travelled per fatal accident 1 124520 3 573 192 Miles travelled per injury 45 755 317 617 Accidents to employees and occupants of cars Miles travelled per accident 16546 461 057 Miles travelled per fatal accident 3,132,449 7 432 240 Miles travelled per injury 16,634 491 577 From the above table it will be seen that there is only one accident for every 12,000 miles covered by an electric car and only one accident for every 178,000 miles travelled by a motor vehicle; That an electric car has to travel over 800,000 miles before causing a fatal accident and a motor vehicle has to travel over 2,400,000 miles before causing a fatal accident. In other words, a motor vehicle travels 3 miles to each fatal accident to each mile travelled by an electric car. Now as to injuries a motor vehicle travels nearly 193,000 miles before causing any injury while an electric car travels only a little over 12,000 miles before causing an injury. You will note, again, that the motor vehicle goes 16 miles to the trolley's one before it causes an injury. ACCIDENTS TO OUTSIDERS The figures are equally striking when applied to accidents which happen to persons who are neither occupants of cars nor employees. Here the motor vehicle travels over 290,000 miles to each accident and the electric car over 44,000 miles. The motor vehicle travels over 3,500,000 miles to each fatal accident and the electric car 1,125,000 miles. MOTOR TRAFFIC REGULATION IN MASSACHUSETTS 123 The motor vehicle travels over 317,000 before causing injury and the electric car travels only 46,000 miles. Here again, you will note that the motor vehicle travels 7 to 8 miles before causing any accident to anyone outside of the car itself to each mile that is travelled by the electric car. Considering the fact that the electric car is always travelling upon rails and upon its own location and that every one knows where to find it in the highway, it is significant that the electric cars are respon- sible for so many more accidents for each mile travelled than are automobiles. As I have no figures to show the mileage of teams in the State or the accidents caused by teams I can only refer to the figures in Boston which show the accidents occurring in the streets from all causes. I might say in passing, however, that applying our actual traffic census and taking the number of horses assesssed in the Common- wealth and assuming that each horse travels on an average of 10 miles a day for 365 days in the year, the mileage made now by automo- biles and that made by horses would not be very different. I do not give any of these figures in order to in any way condone the fault of the reckless and inconsiderate operator of motor vehicles. There are altogether too many of them upon the roads although, in my opinion, their number is constantly decreasing. The vast majority of automobile operators and owners are careful, considerate of the rights of others and, as I have shown above, they are, I think, no more of a danger to other users of the highways then are elecrtic cars and horse drawn vehicles. This brings me to the class of users of our highways about which I was requested to speak the motor vehicle and its regulation in Massachusetts. AUTOMOBILE LEGISLATION IN MASSACHUSETTS Let me state at the outset that automobile regulation in Massa- chusetts is first determined by statue and then regulated by the Massa- chusetts highway commission, of which I have the honor to be a member. No person can operate an unregistered motor vehicle and no person can operate a motor vehicle without having received a license from the Massachusetts highway commission. 124 AMERICAN ROAD CONGRESS SUSPENSION AND REVOCATION OF OPERATORS* LICENSES The commission may revoke a license, after due hearing, for any cause it may deem sufficient; and It may suspend a license, without a hearing, whenever it has reason to believe that the holder thereof is an improper or incompetent person to operate motor vehicle or is operating improperly or so as to endan- ger the public; and The license shall not be reissued unless the commission upon exam- ination or investigation, or after a hearing, determines that the person should again be permitted to operate. (This law has been in effect since 1903.) In 1908 the commission was authorized by law to investigate auto- mobile accidents. Whenever a death results from any such accident the commission shall suspend forthwith the license of the operator of the motor vehicle involved, and it shall revoke said license unless, after an investigation or hearing, it determines that the accident occurred without serious fault upon the part of the operator. No person whose license is so revoked shall be licensed again within six months from date of suspension, nor thereafter except in the discretion of the commission. The commission shall revoke the license of a person three times convicted of overspeeding in any one calendar year; and no new license may be issued to such a person until after the expiration of a period of thirty days from the date of the third conviction. (Acts of 1909.) The commission shall revoke the license of any person convicted of operating a motor vehicle recklessly, or while under the influence of intoxicating liquor, or so as to endanger the lives or safety of the public or upon a bet, wager or race, or for the purpose of making a record or of going away without stopping and making himself known after causing injury to person or property, or of using a motor vehicle with- out authority; and no new license shall be issued to any such person before the expiration of a period of sixty days from the date of convic- tion nor thereafter except in the discretion of the commission. Whenever any person so convicted appeals the commmission shall suspend the license of the person, and shall not reissue said license unless such person is acquitted in the appellate court, or unless the commission in its discretion, after an investigation or hearing, decides to reissue it. (Acts of 1906 as amended.) MOTOR TRAFFIC REGULATION IN MASSACHUSETTS 125 EXAMINATION OF OPERATORS The commission, by law, has the right to appoint investigators and examiners. It has appointed seven such investigators and exam- iners and they are among the most competent men of their class to be found anywhere. These examiners examine every chauffeur before he receives a license. He is required to pass a written examination and also to pass a severe operating test on the road. Examinations held in 1910 5433 Number of persons examined 4138 Number of persons receiving licenses 3701 Number of persons failed on first examination 1268 Number of persons refused a license after several examinations . 437 In other words, over 10 per cent of all the persons examined failed to receive a license and nearly 25 per cent of all the persons failed to pass upon the first examination. INVESTIGATION OF ACCIDENTS During the year 1910 its investigators made investigation and reported on 429 accidents. In that year 283 licenses or registration certificates were revoked or suspended. The causes of these revocations and suspensions are shown in the following table : Causes of suspensions and revocations Reckless operation 50 Operating while under influence of intoxicating liquor 22 Accidents resulting in death 57 Improper operation 88 Refusing or neglecting to stop after accident 9 Three overspeeding convictions 8 Operating automobile without owner's permission 23 Other offenses 26 Total 283 COMMISSION'S DUTIES AND POWERS The commission has authority to suspend the license of an operator when it has reason to believe that he is an improper person to operate or is operating improperly. It is required to hold hearings whenever requested by complainants or by operators. During the year 1910 the commission held 197 of 126 AMERICAN ROAD CONGRESS such hearings. Each hearing takes anywhere from fifteen minutes to all day and the hearings occupy certainly the whole of one day in each week. In eleven months of the year 1911 the commission has held 243 hearings. During the same period it has suspended 172 licenses and has revoked 92 licenses. COOPERATION OF AUTOMOBILISTS AND ASSOCIATIONS I wish to say that the passage of these laws, although suggested and recommended by the committee appointed at the conference of the New England governors held in 1908 to prepare a uniform auto- mobile law for the New England States (which law has already been passed in substance by all but one of the New England States) was accomplished largely through the active interest and ardent coopera- tion of the officers of many of the automobile associations. Mr. Lewis R. Speare and the officers of many automobile associa- tions in Massachusetts including those representing dealers, private owners, tourists and chauffeurs, appeared publicly and advocated the passage of these regulatory laws and the granting to the highway commission of these summary powers. They did this, believing it to be for the best interest of the road users of the Commonwealth of Massachusetts and believing that while the automobilists were entitled to their rights the pedestrians and drivers of horse-drawn vehicles were fully entitled to all their rights, and that their interests should be carefully safeguarded. MOTOR VEHICLE ACCIDENTS The following tables of accidents which occurred in Massachusetts in 1909 and 1910 may be of interest: Total number deaths, injuries, accidents 1909 1910 Killed 54 77 Injured 989 963 Accidents 1130 1182 In daytime 826 867 After dark 304 315 On country roads 314 222 On city or town streets . . 816 960 MOTOR TRAFFIC REGULATION IN MASSACHUSETTS 127 In ten months of the year 1911 there were 1229 such accidents. In this connection it must be remembered that in 1909 something under 24,000 automobiles were registered in Massachusetts and that in 1911 (allowing only five cars for each dealer) there were something over 42,000 automobiles registered. In other words, the number of automobiles using our highways has increased hi that two years something over 60 per cent. The number of accidents has only increased about 10 per cent. CAUSES OF ACCIDENTS It may be interesting to see what, in the opinion of the commission after careful investigation and report upon all the evidence was the cause of some of the more serious of these accidents. I have made an abstract of a few of the more serious accidents for ten months of this year from December 1, 1910 to October 1, 1911, as shown by the following table: Total number of accidents investigated and acted upon, 278 Operator without fault 110 Other party to accident more to blame than operator, but operator not blameless 20 Operator more to blame than other party to accident, but latter at fault also 24 Operator entirely to blame 114 Both operators equally to blame 10 You will note that after a full investigation, involving a statement taken from all of the witnesses and a careful report from our investi- gator and consideration by the commission, in nearly 40 per cent of all these accidents the operator was not to blame. In these days, naturally, we hear a great deal about automobile accidents and the reckless driving of automobile operators. Certainly there is altogether too much reckless operation and altogether too many drunken careless, operators are allowed upon the road and there are altogether too many joy rides. I have outlined above what we are doing in Massachusetts in our attempt and it is a serious attempt to eliminate such operation. 128 AMERICAN ROAD CONGRESS COOPERATION WITH AUTHORITIES IN OTHER STATES I feel sure that in Massachusetts we shall have in the future as we have had in the past, the active cooperation of and efficient help of all the officials and members of our various automobile associations. We are cooperating so far as possible with the authorities in other States by sending to them reports of the improper operation of their residents on the highways of Massachusetts. As a result of this action on our part the authorities of our neighboring State have many times held hearings and suspended or revoked the licenses of their operators. We are doing the same whenever we receive evidence that one of our Massachusetts operators has operated recklessly or improperly in any of our sister States. Here, again, we are having the active cooperation and efficient support of the officers of the automobile associations. More can be done and should be done and I can assure the Convention that we in Massachusetts will do all in our power to ensure fair treatment, and even considerate and courteous treatment to all of the users of our highways whether they are motorists, pedestrians or drivers of horse-drawn vehicles. I fell sure that the authorities of Massachusetts will cooperate to the fullest extent with all associations and all officials who are in- terested in making our roads safe and who will help in taking off of those roads the drunken, careless and reckless operator who is now doing so much to injure the reputation of the vast majority of motorists who are not reckless and who are considerate of the rights of the users of our public highways, to the end that we may secure safe highways and sane motoring. TRAFFIC RULES AND REGULATIONS MAJOR RICHARD SYLVESTER President International Police Association, Superintendent Metro- politan Police, District of Columbia In these days of strenuous endeavor, expedition, economy, and pleasure are the factors responsible for the increased vehicular energy that is in evidence in the great centers of population and the districts contiguous thereto. It moves about from place to place in the midst of those who pedestrianize, and the combination calls for system, TRAFFIC RULES AND REGULATIONS 129 in order that life and property may be secured against loss or injury in the first place, and to the end that promptness, saving and comfort may be afforded in the second place. To these might appropriately be added sightliness, because the systematic arragement that is free from antiquated features carries with it favorable recognition if not emulation. Pathways established and maintained by public expenditures con- stitute the avenues, streets, roads, and highways over which that vehicular energy is expended in the transporting of passengers and commodities, and the laws, regulations, and rules made for the guid- ance of those engaged in the expenditure have been and are being created looking to the continued improvement of system. HIGHWAYS OF ANCIENT DAYS The degree of perfection in the construction of avenues, streets, roads and highways, as well as the degree of excellence in the providing of governing rules usually corresponds to the degree of intelligence and wealth of the country wherein the same exist and are controlled. Historic roads have had their place since the time of the Egyptians and Romans, and capitalists realized on turnpikes before the introduc- tions of railroads. The utilizing of the horse as a motive power sug- gested the building of ways so graded as to permit of the drawing of three-fourths, halves, or quarter loads, and prompted consideration of the grades over which a horse could trot with safety, but, since the advent of the motor vehicle with its high power these questions have been followed by others; wear and tear of surfaces, and speed and safety becoming principal features for study and skill. These have all the more been made requirements because of the vast increase in the number of such vehicles over the slower horse-moving kind. While this is true, the animal-propelled method still prevails and it will doubtless be some years before it is entirely eliminated. Such being the case, it makes the work of providing laws and reg- ulations for the guidance and restraint of traffic all the more com- plicated and arduous. Furthermore, the pedestrian is a prominent factor whose rights must be protected. ALWAYS TURN TO RIGHT While the well-established rule of the road, to always turn to the right when one vehicle passes another, maintains generally, it is not 130 AMERICAN ROAD CONGRESS so true in practice on the part of the pedestrian, though it should equally apply. It has been held by leading authorities and in some smart munici- palties that, for the purpose of effecting a complete system of traffic, equestrians, led horses, and everything on wheels or runners, except street cars and baby carriages, should be regarded as vehicles, and that the word "horses" should include all domestic animals. So far as standard rules are concerned, a community might be so enthusi- astic and enterprising as to acquiesce in this procedure, while, if it were left to the opinion of some of the judicial minds, it might be adjudged inconsistent, so far as horses being led are concerned. It goes without saying that the authority charged with making the laws and regulations for control of vehicular traffic in cities should not lose sight of the fact that there is a gradual elimination of horse- drawn and a rapid increase of the motor vehicle, and this being accepted, conditions will have so changed in a period of time as to warrant a modification in restriction and other respects. The with- drawal of the horse, education of drivers and pedestrians, improve- ment in machines, skill in handling, and demands for expedition in transit will necessitate it. LAWS MUST BE ENFORCED Right here, however, it may be stated that no matter how near model the laws and regulations may be in a given locality, the same will not prevail unless that community has been fully enlightened on the subject and has a police force sufficiently informed and courageous to enforce the same without fear or favor. I do not mean that harshness or persecution should follow, but warnings and prosecution, to the end that respect for the laws and regulations may be obtained. Along these lines education should follow, and first, in order to reach those concerned, proper signboards should direct as to the speed limit, where and when to slow down, keep to the right, to the left as near the curb as possible in plain, bold letters, along roadways and in sections where the display of warnings is important. In prominent positions, attractive to the public, the laws and regulations should be appro- priately fixed so as to catch the driver's eye. In addition to this, there should be distributed to pedestrians and drivers in every city, as well as to all owners and operators of vehicles, through the police, with a surplus at station houses for those who might desire them, printed copies, in pamphlet form, of the laws and regulations as might TRAFFIC RULES AND REGULATIONS 131 be adopted. This independent of any similar action automobile clubs or other might take looking to the advice and protection of themselves and the public. MOTORMEN ALSO MUST HEED Street railway motormen should be required to conform to the orders of the constituted authorities at intersecting streets, dangerous corners and turns, at fire-engine crossings, and to all laws relating to speed and the taking on or letting off of passengers. Particularly at intersecting streets should they be compelled to cooperate in facilitat- ing the movement of vehicular traffic so as not to impede or obstruct the passage of vehicles directed by the police officers assigned to such duty. Vehicles should move in line on right and left on congested thoroughfares and not break too far to one side or the other in moving so as to confuse, complicate, or obstruct. Dealing with the subj ect of regulations as applicable to municipalities, it occurs to those who have given the same close observaton and study that any code which might be adopted should, by way of introduction, contain explicit information as to any of the terms therein employed, to the end that the intent of the makers might be readily understood. The word "drivers" could, for instance, be properly recited to include not only riders and drivers of vehicles, but the riders of bicycles and operators of motor vehicles and street cars, who should at all times comply with the directions of any member of the police force as afforded by voice of hand as to starting, stopping, or approaching any place, and as to taking on and delivering passengers or commodities, and ignorance of the rules should be no excuse for their being disre- garded. It should be required that all drivers of vehicles not only comply with the regulations, but they should be urged to cooperate with the police in instructing others in order to prevent congestion and acci- dents and to decrease financial loss through nonobservance of the requirements. Complaints against drivers should be made to any police officer or at a police station. KEEP CLOSE TO CURB That heavily loaded, slow-moving vehicles should keep as close to the right-hand curb as possible is important, and a vehicle passing another moving in the same direction should always do so to the left. 132 AMERICAN ROAD CONGRESS The turning of corners to the right along the immediate line of the curb has one drawback at least, in this, that if a regulation prevails that all heavy vehicles shall keep as near the right-hand curb as prac- ticable, in so doing it would immediately place the lighter vehicles while proceeding after the turn, in the same category as the heavy, and for this reason, in the District of Columbia, the regulation on the subject makes it obligatory in turning corners to the right to keep to the right center of the street and police experience in that jurisdiction would justify such regulation; while in turning corners to the left, into an intersecting street, the rule demands that a vehicle shall move so as to leave sufficient clear space between itself and the left-hand curb as to permit the safe passage of another vehicle. In these matters of turns and in crossing from one side of the street to the other, it is in keeping with good policy to illustrate the same in all printed instructions or codifications with diagrams, showing the legal mode of procedure. While on this subject, it might be advanced that there is no greater unsightliness in a. well-regulated city otherwise than that presented by a co-mingling of all characters of vehicles in the volume of movement that proceeds to the right or approaches to the left. The city of Washington, it is to be regretted, has not advanced to that stage in the matter of traffic where heavy, slow-moving vehicles always pro- ceed along to the right-hand side as near to the curb as possible in single column, as they should, and where lighter horse-drawn vehicles move next in column to the left, and motor-propelled vehicles form a column a distance farther to the left, forming lines of circulation according to the character of conveyance. KEEP CLEAR OF TRUCKS Avenues and streets given up to the retail trade, including the shopping districts particularly, should be clear of large trucks haul- ing merchandise, wagons transporting hay, garbage, and ashes, and other unsightly loads of refuse. These should be assigned to nearby thoroughfares more suitably adapted to commercial purposes. Every city having in view a favorable reputation in traffic regulations must today make provision against excessive emission of smoke and gases from automobiles, if not from different sources, that would be offensive to pedestrians and others patronizing its public ways, and should be just as diligent in suppressing uncalled-for noises from run- TRAFFIC RULES AND REGULATIONS 133 ning engines after motor conveyances have stopped and other unnec- essary mechanical noises when moving, as well as the rattling of milk cans at early hours of the morning by indifferent drivers of horse- drawn vehicles. Dense and prolonged smoke or noises should be placed under the ban through proper authoritative enactment. Vehi- cles moving north and south always should be accorded the right of way. Circles and triangles mark the converging points of avenues and streets in many cities, and the disposition to make short cuts about these places is in evidence and can only be overcome by vehicles being compelled to follow nearest the right side curb. The danger incident to one vehicle following upon another too closely, should the leading one come to a sudden stop through any cause, suggests requiring a distance intervening of at least fifteen feet, including ani- mals where driven, and drivers should always be upon the seats of wagons and carriages or in control of the horse or horses drawing the same. The standing or driving of vehicles of any kind, two abreast, on either side of a public thoroughfare should not be permitted, if there be space for avoidance, and under no circumstances along streets having double lines of railway tracks. DANGER OF BACKING UP Those of you who have had experience in cities have some idea of the difficulties that follow the backing of vehicles to the curb, although trade makes it necessary that such should follow in commercial dis- tircts. Be this as it may, no vehicles should be permitted to stand backed up to the curb except when actually loading or unloading, and, if horse-drawn and having four wheels, the animals should be made to stand so as to face in the direction of traffic, but no vehicle should under these conditions be privileged to interrupt the passage of other vehicles or street cars. Freedom of avenues and streets from obstructions should prompt regulations against any vehicle stopping on the same except in emergency or in order to allow another vehicle or pedestrian to cross the roadway. The important purpose in traffic regulation being to adjust matters so as to keep vehicles going and coming without friction, the manner of turning around is one that should be defined to be done without interfering with other vehicles even if necessitating the driving around a block for the purpose. This, on the principle that one small item 134 AMERICAN ROAD CONGRESS should suffer brief loss in time rather than jeopardize or delay the volume of traffic movement. There have been involved in the rules of traffic in large cities, beginning with New York, those requiring that a driver shall sig- nal when slowing up, stopping, turning, or backing, by raising the whip or hand, or, otherwise indicating with the hand the direction that to is be taken. While not generally enforced, the rules deserve an emphatic favorable indorsement. PENALTY FOR COLLISIONS One of the most effective and far-reaching regulations is that of the District of Columbia prescribing a penalty for colliding. While in Paris, the individual, under the law, must avoid being struck, and while in many municipalities in this country vehicles are required to stop when the cars do so, in order to avoid possible colliding with passengers alighting therefrom, the District ordinances provide against the driving or operating of a vehicle so as to carelessly or willfully collide with another vehicle of any kind or any person and affords opportunity when violated for criminal and civil action. Exceptions are made in some cities, and properly so, extending right of way to vehicles of the post-office, police, fire, and health departments and to physicians in emergency cases, and their running is accom- panied by warning by appropriate gong alarm. While traffic police signals, made by the blowing of " police calls, " is in effect as a directing feature for control of traffic; so far as the method is concerned, its adoption might lead to trouble if it is of a character to be compared with the police "call of distress." This feature can be obviated by the use of a dissimilar alarm to those in general use for police purposes. In cities, all vehicles should be required to carry lights and all business conveyances should be numbered. The need for such regu- lation is at once obvious. Criticism can also be justly made in this connection against too bright and dazzling headlights on motor vehicles in congested districts as well as against the frequent failure to throw sufficient light upon license numbers of automobiles any- where and everywhere. TRAFFIC RULES AND REGULATIONS 135 GONGS ARE NECESSARY Equally necessary are the sound signals on motor conveyances, and they should be of a kind as near in accord as possible, and their use avoided for announcing "the machine is in waiting" and for similar puropses. Enactment that street cars shall have the right of way upon their respective tracks, except when necessarily interrupted by the vehicles of the post-office, police, fire, health department, and those of funeral processions, should prevail, and there should be provision against any vehicle or street car unnecessarily obstructing the free passageway of any avenue or street, or causing hindrance or delay. Waiting vehicles should stop with their right wheels at the curb, and not remain there so as to prevent the approach of others to let off occupants, and in congested commercial districts provision should be made for parking of carriages or machines in waiting. This leads up to the proposition of the establishement of public squares or garages for parking purposes. The providing of fire runs, particularly over certain streets, should make the stopping of street railway cars where their tracks intersect with another street a pre- caution to be taken while the sounding of fire alarms should bring all cars within hearing to a standstill before making immediate crossing. HORSES SHOULD BE HITCHED Horses left unhitched or unbitted in the street have not only caused hundreds of accidents, but have cost many lives, and every munici- pality should prohibit such risk and carelessness, for there are times when the safest horse will surprise its owner. Repairs to vehicles in the public streets is a dangerous practice unless the horse attached is first removed from it, and the rules of the road should not only make it unlawful for the motor driver to conduct his charge if he is under influence of liquor, but all drivers should be compelled by law to have their horses or vehicles under complete control at all times. The clear and unobstructed view to right or left from covered vehicles, condemnation of unsafe and insanitary vehicles, provisions against coasting or use of sleds in the public avenues and streets, unsightly or temporary paper or cloth advertising on vehicles, the protruding of material in transportation to a dangerous extent beyond the rear of the axle, the driving of horse-drawn or motor 136 AMERICAN ROAD CONGRESS vehicles by children, minors not passengers hanging on street cars or other vehicles, the humane treatment of horses are subjects for regulation. Uniformity in movement by all classes of conveyances, is what makes for traffic system. So long as one speed allowance is made for street cars, another for motor vehicles, and still another for horse- drawn vehicles, either by law or by direction under equal privileges extended by law, just so long will there be want of system. SPEED ZONES IN CITIES It is believed that the fixing of speed zones in larger cities is the most equitable arrangement. In recognition of the danger that attaches to the train on a railroad track moving through congested localities, its speed is reduced to six and eight miles an hour, while in the heart of congestion and off a track, many motor engines run twenty to thirty miles. In the trade, theatrical, and hotel centers, motor and other vehicles should move at an average minimum motor speed, in fairness to the horse and pedestrian, while an adjoining zone, free from congestion, could afford greater latitude to the drivers with reduction at inter- secting streets, and a zone still beyond offer still greater freedom of movement. The day has not arrived, unfortunately, when operators of motor vehicles in cities will fully cooperate with the authorities in support of laws and regulations governing the conduct of their machines, and, so long as they make no effort to show that existing laws are unjust, they accept them as just by acquiescence and should support them. They should cooperate in securing reasonable laws and regulations, and in all such endeavor there must be some sacrifices on both sides. So should those who drive and ride horses and walk join not only in the adoption of sufficient laws and regulations, but they should aid in their enforcement. Under such cooperation the least differences and most satisfaction will follow. REGULATING STREET CARS Before considering the management of traffic by the police, or other authority, it might be in place briefly to summarize subjects concern- ing the conducting of street railway cars in cities in the interest of the public. They should be regulated to the end that warnings should TRAFFIC RULES AND REGULATIONS 137 be sounded at all crossings, and the standing or storage of cars on well patronized streets, except for the moving of unusual demands for passage, should be prohibited. The crossing of a car in one direction before the car crossing in an opposite direction at the same intersec- tion has cleared is dangerous, in that unobscured observation is pre- vented, and a car following immediately upon the preceding car is obstructional and ill-timed. The failure of motormen to stop their cars for waiting patrons is too frequently a practice without good grounds for excuse and should be lawfully discouraged. The calling of streets and stops by conductors should never be neglected, and the continuous overloading of street cars is dangerous, insanitary, and unjust. Dangling chains, squeaking brakes, and flat wheels are con- ditions that should not be allowed to exist in a well-regulated city. After making observations in London, Paris, and in other European cities, Captain Alexander R. Piper, U. S. A., retired, former police commissioner in charge of street traffic in New York, instituted a work in that great city, in which the foot and mounted police were utilized, which has received the highest commendation from all interested sources. The undertaking consisted in the adoption of what is known as the block system, which did away with former indiscriminate methods, and which was followed by greater regularity in movements and alternate crossings at intersections by vehicles. The education of owners and drivers in conformity with the inno- vation called for rules and their dissemination, and the commissioner was afforded support in their formation, under adverse circumstances, by William Phelps Eno, a gentleman of culture and means, and an enthusiast on the subject of street traffic. This was in 1900-1903. The splendid beginning had in the busy metropolis steadily advanced under the guidance of Commissioner Bugher, of the same department, and that great whirlpool of social life and commercialism today is said to excell the orginal standard, London, in respect to traffic control. The action of the New York authorities prompted renewed activity on the part of other municipalities in the matter of systematic conduct of moving vehicles, and Washington, St. Louis, Chicago, Detroit, Louisville, and cities of lesser population were forward in making endeavor to improve upon inferior methods. Not only were modern 138 AMERICAN ROAD CONGRESS rules of the road authorized, and the police and public informed in accordance with them, but specially selected members of the police forces were assigned to these important duties. In many j urisdictions the effectiveness of the control is somewhat lessened by the inadequacy of the police forces numerically. Where the area of jurisdiction is extensive and the demands for general purposes are such as to require an elaborate disposal of the units of protection, there necessarily follows a minimum detail for traffic duty. POLICE MUST BE ALERT Where ignorance and indifference on the part of drivers is extant and the police deficiency exists, there will follow not only a want of education as to the laws and regulations, but a consequent nonob- servance of them on the principle that a policeman out of sight is out of mind. Inadequacy in police numbers is, in a measure, over- come by the employment of bicycle and motorcycle mounts, although directing capacity is largely diminished if he must at the same time care for his wheel. No city, perhaps, presents the extensive area of surface for travel and control as does that of Washington, where avenues 180 feet in width converge or intersect with streets 80 feet in width. Such con- vergings call for the service of three officers to creditably protect and direct at congested places, and with a limited police force protecting nearly 7 square miles of settled territory the difficulties to be encount- ered are at once apparent. The speed law is strictly enforced by a bicycle corps of sixty police- men, divided into two divisions for service in a period of sixteen hours, except that ten of these are held at station houses as reserves for emergency calls. These men are mounted on bicycles of uniform design and attached thereto are speedometers, which are tested as to their accuracy once a month. On the reading of these instruments the courts base their decisions as to speed law violations. Some idea of the accomplishments of this magnificent body of civic guardians may be had when it is known that the fines in court, the result of their efforts, aggregate from $30,000 to $40,000 a year in a jurisdiction including about 350,000 people. These bicycle men are instructed to enforce the laws and regulations against the horse-drawn and motor vehicle alike and rarely is com- plaint made as to their methods or conduct . Where warnings are given to drivers by members of this corps or arrests are made, the officers TRAFFIC RULES AND REGULATIONS 139 are required to fill out cards for file at their respective stations whereon is noted the name of the driver, license number, number of vehicle, date and time, location, disposition of the case, kind of vehicle, and name of owner. These cards are forwarded to police headquarters, and there they are preserved. The record of any driver may in this wise be consulted at any time and, if shown guilty of two or more offenses in one year, a jail sentence may follow under the law. In this connection it might be stated that motorcycles and bicycles builded for one may not be ridden by two. Besides the bicycle corps, six members of the force are detailed on motorcycles for duty over the improved outlying roadways. Police orders to the force employed are regarded as reasonable and read, in part as follows: A respectful, calm, courteous demeanor should mark the attention of the members of the force in all cases, and an avoidance be had of anything having the appearance of persecution. The same close attention should be accorded to vehicles moved by animals as is given to vehicles moved by other power. Careless, reckless, inattentive drivers are causes for complaint and are fre- quently responsible for accidents and injuries. REASONABLE REGULATIONS URGED It was the expression of Congress that reasonable regulations should be enacted for the government and control of all kinds of vehicular traffic in the District of Columbia, and it is believed that the laws relating to the movement of vehicles were not intended to make travel a hardship, except so far as indif- ferent or irresponsible persons might make it so for themselves. But to insure a proper enforcement of all requirements, as heretofore directed, and in order to insure uniformity of action, members of the force will observe that the laws relating to turning of corners, crossing at intersecting streets, at certain pre- scribed locations where pedestrians congregate, in the parks, on the streets within the fire limits, and in the suburbs beyond, for all of which places distinct rates of speed are prescribed, are enforced. There are times when the good and law-abiding citizen may, through inability to control to a fraction, place himself at the mercy of the police technically, when discretion would prompt a warning, and when the rear light, unobserved would be jolted out and the warm lamp would indicate that it had been burning, and where warning against repetition would serve a good purpose. At times there is possibility of a few drops of oil escaping, when a suggestion might remedy the situation; but where layers, pools, or puddles of oil are allowed to waste on the streets the regulation should be invoked. In the vicinity of hotels and other public places motor vehicle stands should be kept free from leaking oil at all times, because it is a special privilege and there follows accumulation. Excess of grease on car curves should be regarded as a clear violation of the regulations, and appropriate action should be taken. 140 AMERICAN ROAD CONGRESS NUMBER OF ACCIDENTS It might be interesting to note the number of vehicle accidents of all kinds, big and little, important and unimportant, that occurred in the District of Columbia for the year that ended June 30, 1911 : J3 a H ^ o ACCIDENTS g M Q w K 9 B o *"* i jij 9 R " X g Bicycle 1 30 119 151 35 21 206 Motor vehicle 7 64 171 262 303 55 600 Steam railway 9 13 10 33 4 36 Street railway. 18 96 373 501 256 167 910 Other kinds . . 3 65 206 287 324 63 661 Totals 38 268 879 1234 922 306 2413 In the shopping districts of commercial cities, and Washington is not classified as a manufacturing or wholesale center, there is neces- sity for street traffic regulations at intersecting streets during all daylight hours, and a police officer of intelligence, properly instructed, can control an informed driving public. During rush hours, it is important to increase the detail at such points to two, three, or even four men in the larger cities, their work to be supplemented by mounted officers, who can readily be observed at a distance, and who should patrol and arrange vehicles in lines. A section of north and south lines of vehicles may be allowed to cross intersections, to be followed by their blocking when the east and west lines may be directed to move, they in turn to be blocked. Thus alternating confusion will be avoided and pedestrians afforded intervals to proceed. These cross- ing movements should be made at minimum or cautious speed. SPECIAL FAVOR SHOWN The law has held that hotel owners have the right to maintain their private vehicles at stands contiguous to their property, not to be employed, however, by the general public, but by the hotel guests, through the hotel agencies. Drivers of public vehicles should be granted licenses after their application for such has had the approval of the police authorities, such licenses to be revoked for any wanton violation of the laws and regulations. Rates of charges for patrons TRAFFIC RULES AND REGULATIONS 141 should be under the observation of the patrons by night or day, and the number of the vehicle should be plainly set forth at all times. Taximeters on cabs should be tested at intervals and sealed under signature and for all kinds of public vehicles, including "sight- seeing" automobiles, public stands should be established. The sanitary and secure condition of public vehicles should be inspected at intervals, and condemnation follow when warranted, the soliciting of trade and needless perambulating of these vehicles should be a violation of the law and respectful conduct on the part of drivers be a prime requisite. Severe penalty should follow failure to return articles lost or mislaid by passengers. One more subject suggests itself for discussion, and I have done. Vehicles on attendance at theaters and public assemblages, should be parked so as to approach to the right as called, and in these days of improved mechanical devices the electric call and megaphone, even if attended by relay calls, should operate against confusion. Vehicles should not be parked to the left, necessitating the crossing of the street to the right in response to calls, and they should not approach in double line. This is very important upon roadways which have railway tracks. PERMITS TO PARADES As to the conduct of large parades, the city of Washington, at the suggestion of the police department, some years ago, adopted a per- manent roping device for guarding against encroachment by the pedestrian crowds upon the parade grounds. Iron sockets were placed beneath the surface at intervals of fifty feet along the curb, in upright position, with lids for covering when not in use. Into these two or three inch sockets, close fitting iron pipes, a degree less in diam- eter, are inserted so as to stand about four feet higher than the curb, and on the upper end of these upright pipings is an iron loop through which a wire cable is passed, extending from intersecting to intersect- ing street. At the intersecting streets manila rope loops are main- tained during the time of parade, and all traffic is thus diverted to other thoroughfares, while behind the cable the crowds are held upon sidewalks. This simple contrivance is worth hundreds of policemen on occasions, and the silent cable cannot argue or talk back thus saving the lodgment of charges against members of the force. The arranging of regulations for traffic in cities is an undertaking calling for knowledge and consideration of existing and continually 142 AMERICAN ROAD CONGRESS arising questions, and in one community there are conditions which do not belong to another, so that so far as setting forth suggestions on this important subject is concerned the many different ones cannot well be presented. I have endeavored to discuss those prominent most anywhere in as concrete form as possible. RELATION OF THE AUTOMOBILE INDUSTRY TO THE GOOD ROADS MOVEMENT HUGH CHALMERS President Chalmers Motor Company There isn't any use taking time to argue about the advisability of good roads. Everyone knows that we haven't got them to any great degree in this country, and every one admits that we need them. All efforts, therefore, should be bent to finding ways of how to get them. The automobile industry is, of course, in favor of good roads and would be greatly benefited by them, especially in the winter months. If we had the roads all over the middle west, for instance, that they have in Massachusetts, not to speak of European countries, our busi- ness would be much steadier through the bad weather months than at present. It would mean keeping our factories going full tilt the year 'round and would mean a steady all-the-year-'round business, instead of a seasonal business such as we have now. However, the automobile industry is not the only industry that would benefit from good roads. It is the experience of all the countries who have built good roads, that good roads benefit all the people alike, and there is no one single thing that a State or nation can do that is such a sure and impartial benefit to all the people as to build good roads. Farmers, perhaps, more than any other one class, benefit from good roads. They use the roads more in their business. John Wesley a long time ago said that he had noticed that the farmers who lived along good roads were uniformly prosperous, while those who lived along poor roads were almost as uniformly poor themselves. You can notice this same condition as you go through the country. Follow the main highways that have been improved and you see big, good-looking farms, big barns, fine stock and every evidence of pros- perity. Turn off the main road into the back roads which have never AUTOMOBILES AND GOOD ROADS MOVEMENT 143 been improved and you will find poor houses, poor barns, lack of improvement and every outward evidence of a lack of propsperity. Now, the land is just the same; the same sort of labor is applied to it; the same sort of crops planted in it. The difference mainly comes from the inability of one farmer to get his stuff to the market and sell it to the best advantage. Since the roads are for all the people, they should be built by all the people, or all the people should contribute to the building of them. We have often been approached by good roads enthusiasts to make large contributions to good roads movements, and all automobile companies undoubtedly have recieved similar requests. Many good roads advocates, especially in the smaller State associations of the west, seem to think that the automobile people ought to build the roads. They can see that the automobile industry would benefit from good roads and they immediately conclude that automobile manufacturers ought to have millions for good roads purposes. Recently there has been a proposal to build a fine highway between Detroit and Toledo and I don't think there is any place in the United States where a highway is more needed. During fully six months of the year this road is practically impassable for any kind of vehicle. One of the larger towns along this route has been holding out and blocking progress on this movement because the citizens of this town take the stand that they ought not to do anything especially to build this road, but that the automobile interests of Detroit ought to con- tribute the money because, as they say, the automobile business will get the biggest benefit. Recently, too, a man came in from Nebraska who wanted the auto- mobile companies to contribute large sums of money to build good roads in Nebraska. Now these men do not realize that the profit on the automobiles sold in these particular localities would not do very much in the making of good roads; they do not realize that while the automobile companies may be located in that particular section, the percentage of their output that is sold in that section doesn't amount to much, and certainly not to enough to warrant the companies in spending a very large sum of money for building good roads. To all such enthusiasts I always say that the people of Nebraska, or Michigan, or whatever State it is, are the ones who will benefit most by the roads; much more than the automobile companies and that therefore they should build the roads; that they should build them for their own sakes not for the sake of helping the automobile 144 AMERICAN ROAD CONGRESS interests. Incidentally, of course, the automobile industry will be helped along with all the rest of the people. Although the automobile interests benefit from good roads, it is well to remember that the automobile industry has succeeded in spite of bad roads. It is well to remember that we have learned how to build automobiles in such a way that they will stand the pounding on any kind of road; that they will get through places that no other vehicle is able to get through; and they will stand up for a long time and give service in spite of the terrible road conditions encountered in so many parts of the country. Although there are no improved roads in great sections of the country, still, automobiles sell rapidly and steadily. They will continue to sell because the people need them and must have them. They will sell whether or not any thing further is done with the roads. But the road question of this country is too big for one industry or one set of interests, or one class of people to attempt to settle. It is everybody's problem. It is a national problem. What the automobile industry most wants to see is the federal government actively enlisted in the work of improving our roads. We would like to see federal support on a big scale. We are in favor of the Lincoln Highway on this account. If the Lincoln Highway should be constructed it would be the first big step toward federal aid and a large national system of good roads. The federal government would then be committed to the good roads work. It would doubtless go ahead with it because the benefits to accrue from such work would be immediately demonstrated. Suppose Lincoln could be asked whether he would rather have erected to him a monument which could be viewed by the persons living in one city and by the travelers who visit that city, or whether he would rather have us build the Lincoln Memorial Highway, stretch- ing for miles through the land, giving service and affording pleasure to millions of people every year? Everyone in this country knows what the answer of the Great Commoner would be. Why stop at a Lincoln Memorial Highway stretching from Wash- ington to Gettysburg ? Why not begin to plan to make it a Lincoln Highway stretching from the Atlantic to the Pacific? This would be a memorial worthy of the greatest American and worthy of the Ameri- can people. The most that the automobile industry can do in the way of further- ing good roads is what the members of this Association are doing, AUTOMOBILES AND GOOD ROADS MOVEMENT 145 namely, carry on missionary work try to mold public sentiment so that it will take action. More especially we are bending our efforts toward trying to get Congress to commit the federal government to the good roads movement. Every improvement that was ever accomplished in this country has to go through the three stages of agitation, education and organi- zation. We have been going through the agitating part of this program and also the educating part of it, and now we are up to the organiza- tion, and it is through this organization and similar organizations that we hope finally to accomplish the thing we want. When all is said and done, this question of good roads is a political question. Nearly all questions are political questions in this country necessarily so. We govern ourselves, and the means whereby we do our governing we call politics. Therefore, we are all interested in politics and nearly everything we undertake is accomplished directly or indirectly by political means. In the minds of a great number of our people, unfortunately, there is a stigma attached to the word "politics." Yet there are good politics and bad politics, and we will have to go into politics before we can ever get this road question settled in the right way. In my opinion it will need to be made a political issue. The automobile interests are in favor of uniform legislation con- trolling the use of automobiles. There should be national laws governing the licensing, speed, lighting, danger signals and every- thing else connected with the use of motor vehicles. Much automobile legislation is class legislation, and class legislation is contrary to the principles of American government. It is no more fair to legislate against a class able to own motor vehicles than it would be to legislate against a class that is not able to own motor vehicles. Now, one of the most troublesome results of our American system of government comes from the fact that our nation is made up of some forty odd sovereign States, each and every one of which is constantly enacting laws with regard to a common subject, so that we have as a consequence more than forty various and varying laws affecting the citizens of the United States with respect to the same subject, accord- ing as he may happen to be at the moment in one part or another of his country. This is true particularly with regard to automobile legis- lation. There are no two States in the union which have the same automobile law regulating the use of the highways by that vehicle. An automobile may, and frequently does, travel in two or more states in the course of a single day. Under the present system it is 146 . AMERICAN ROAD CONGRESS subject to a new set of laws every time it crosses a state line. It is impossible for the motorist to be familiar with all of the provisions of the automobile laws of the various states through which he may travel, and the result is that a large part of the time he must necessarily become a law-breaker and a criminal. The highways are the highways of the nation and not of any particu- lar locality. Every citizen is a citizen of the nation and not of any particular community. He has a right to travel from State to State over the nation's highways and to know substantially what the regu- lations are during the whole length of his route, without regard to the different state lines. The motorist claims no special privileges but he claims the right of fair treatment. He claims, too, that what is reasonable and safe and proper regarding motor cars in one State is reasonable, safe and proper regarding the same vehicle in another State. We do not expect to have this evil of conflicting regualtions remedied in its entirety and all at once; it will take time to standardize and unify the laws of the various states, but that it will be accomplished event- ually there can be no doubt. Right at this time, however, the difficulty in one very important respect can be obviated; I mean in the matter of registration. There is no reason why registration and licensing of a motor vehicle by one state should not afford to the owner of such motor vehicle the right to operate it without further necessity of registration in every other state of the union. A license good in New York City should be equally good in San Francisco. To accomplish this is the purpose of the federal automobile regis- tration bill which will be considered by congress at its present session. The object of this bill is to enable the owner of an automobile using it in interstate travel, to register his vehicle with a bureau in some department of the federal government, after having previously regis- tered in the State of his residence, and so obtain the right to traverse any of the highways of the nation without the necessity of further registration and without having to pay any additional fees or taxes for the use of the highways. This bill does not in any way interfere with the so-called "States rights" nor with the police powers of the several States. It is based upon the proposition that the end sought by State registration is simply to secure the means of indentification of motor vehicles. The AUTOMOBILES AND GOOD ROADS MOVEMENT 147 proposed measure provides for sufficiently large and plainly legible identification marks to be issued by the federal government, which certainly will answer as well the purpose of identification as two or three or more local identification numbers hung upon the front or rear or both ends of the vehicle, to the utter confusion of the observer the police officer. The question as to the constitutionality of such a measure has been raised. After three years of thorough discussion before the inter- state and foreign commerce committee of the house of representatives, and special subcommittees appointed for the purpose, it has been determined by an overwhelming majority of the house committee that this measure is not only constitutional but thoroughly expedient and advisable. The measure has also the endorsement of the attorney general of the United States. Backed by these endorsements the Federal Automobile Registration Bill now awaits the action of congress. It has been an up-hill fight but there is now every indication that the common sense of the people will triumph and that we will shortly have a bill providing for the national registration of motor vehicles. Much criticism is heard regarding the wear and tear which automo- biles give to the improved roads, and in some instances we hear of complaints against the use of the roads by automobiles. Regarding wear and tear on the roads, it is a fact and not a theory that we are facing. The automobile is here. It is is going to stay. You cannot keep it off the roads. Therefore, you will have to build roads that motor vehicles won't destroy, and you will have to look further ahead than merely the present year, because I believe that we are coming more and more to commercial trucks and heavier vehicles, and the roads will have to be built with that in view. So far as the use of the roads by motorists generally is concerned, the tax figures are interesting. In nearly every State, approximately 20 per cent of State taxes are paid by the cities. It is safe to say that the greater part of this 20 per cent that the cities pay is paid by the automobile-owning class of the cities. The people who own automo- biles are the people who have property . The people who have property are the ones who pay the bulk of the taxes. Add to this automobile- owning class in the cities, the other automobile owners in the small towns and among the farmers and you will find that the automobile owners pay a big share of the State taxes in every State, and it is out of these State taxes now that most of the good roads work is 143 AMERICAN ROAD CONGRESS being done. So it would seem that the automobile owner is entitled to the use of the highways, if anybody is. The United States has the worst roads of any civilized country. The cost of hauling over our country roads is now 23 cents a ton to the mile. In European countries it is less than 10 cents a mile. In some roads going into London, where motor trucks are used, it is less than 4 cents. If the wagon freight bill of the country could be cut in half, it would mean a saving to the people of $250,000,000 a year. Nothing but good roads can accomplish this saving. The cost of roads varies in different sections, owing to whether the material from which good roads can be made is close at hand or not. In North and South Carolina, macadam roads can be built for $1800 a mile, and in nine States of the South the average for macadam road is $4000 a mile. In southern Ohio, bituminous macadam roads cost $7000 a mile. In Massachusetts the average macadam road costs $8000 a mile, and in New York, the average state road costs $9000 a mile. Ohio has some brick roads which cost $10,000 and $14,000 a mile. We hear a great deal nowadays about the conservation of our natural resources. We hear a great deal about the tariff question and the increased cost of living. We hear a great deal about building up a large navy, and we hear a great deal about the great universal peace movement. These are all political questions and are agitating the public mind at the present time. But it seems to me that if one-half of the stress that is now being put upon the increased cost of living through the tariff was put upon building good roads and de- creasing the cost of distribution in this country, and if the federal government would start by appropriating sufficient money to start, say two national highways across this country it would do more to benefit the farmers and the people living in the cities than anything else that the government could do. I don't mean that this should be done on the old "pork barrel" methods, but a proper road committee could be appointed to see that the contracts were let and carried out in a strictly businesslike way. We are all paying our share of the increased cost to the farmer in getting his goods to market, and if we make good roads and thereby increase the facilities and lessen the cost, the results are bound to show in the cost of living. With all of our boasts about our great crops, the value of our manu- factured goods, and the greatness of this country in every way, we A MODEL STATE VEHICLE LAW 149 ought all to be thoroughly ashamed, as Americans, of the roads in this country. I believe when the people are thoroughly aroused on this question and realize that the benefits are not for one class of people alone, but for all the people alike, that they will ries up some day and demand of the national congress, to start with, and the State assemblies, in the second place, that they cooperate to the end that we keep pace in our road improvement with all other transportation improvements of this century and with all communicating improve- ments that we now enjoy. A MODEL STATE MOTOR VEHICLE LAW HON. EDWARD LAZANSKY Secretary of State of the State of New York The first State legislation in the United States with reference to State wide regulation of the use of the automobile upon public high- ways seems to have been passed in the State of New York in 1901. At the present time thirty-five other States, including the District of Columbia, have enacted regulations therefor. At that time the use of the motor vehicle was very insignificant. Since then its devel- opment has proceeded with tremendous strides. This development of the automobile is clearly indicated by the fact that in 1901, 954 cars were registered with the secretary of state of the State of New York, while this year upwards of 85,000 have been registered. In light of this condition of affairs, before discussing a motor vehiele law, it may be of considerable interest to have some realization of the magnitude of the automobile proposition. To that end, statistics with reference to the Empire State may be properly given. The registration year of motor vehicles under the law, now existing in the State of New York, is from February 1 of each year to January 31 of the succeeding year. Under the registration in effect February 1 , 1911, 81,665 owners have registered cars up to November 1, 1911, and 33,485 chauffeurs have been licensed, bringing a revenue to the State of New York of over $880,000 for that period. To the number of owners registered should be added at least 3000 cars which are registered by dealers under a special registration provision for dealers and manufacturers. Upon this basis there are at present upwards of 85,000 cars in the State of New York. Assuming that the average value of cars be taken at $1000, which everyone will concede to be 150 AMERICAN ROAD CONGRESS conservative, it is found that there are over $85,000,000 invested hi the State of New York hi automobiles. To say it costs on an average of $500 to maintain a machine, including the services of a chauffeur, where one is employed, is placing an estimate considerably below what is undoubtedly the fact. At this rate $42,500,000 is expended annually in the State of New York for the maintenance of automo- biles. How far reaching the effect is upon other commercial activities of the diversion of these large sums of money to the use of what at the present time to its greater extent is a means of pleasure, will not be the subject of discussion at this tune. But it certainly does bring to the mind the conclusion that where hi a State consisting of 9,000,000 of people, such large sums of money are invested hi a substantial proposition and probably upward of 500,000 people interested therein by reason of the use of machines and of activities in the construction and maintenance thereof, a problem is presented which requires very careful consideration and demands that every facility should be offered for the use of the automobile to the end that this new engine of progress may be of the greatest possible benefit to our people in the promotion of their welfare. A new phase of human activity has suddenly and with great force thrust itself upon the people. Millions of dollars are expended for it; through it thousands have found a new field for labor and investment. From present indications, the use of the automobile has only commenced. No one can tell to what extent it will go. Whether or not the use of the automobile will go very much further as a means of enjoyment, there can be no doubt that its use as a commercial vehicle is steadily growing, and will soon surpass its use as a pleasure vehicle. Although it is practically a new institution, there are upwards of 8000 commercial automobiles regis- tered in New York. The figures in New York State, startling as they are, merely throw a small light upon the automobile situation. In order to give a full comprehensive understanding of the situation generally, it is deemed proper to submit figures in thirty-five of the thirty-six states of the Union, where there is a state-wide registration. The list, compiled after communication with officials in these states which met with generous responses, follows: A MODEL STATE VEHICLE LAW 151 Total receipts under motor vehicle laws in thirty-six states, including total reg- istration and licenses issued therein. (January to October, 1911, except where otherwise indicated.) STATE NUMBER of OWNERS NUMBER OF CHAUF- FERS, INCLUD- ING OPERA- TORS FEES, OWNERS FEES, CHAUFFEURS TOTAL FEES, INCLUDING INCIDENTALS 1. New York, Jan.-Nov. 1 2. Massachusetts 81,665 36,975 43,074 48,266 40,000 45,150 13,500 30,323 27,664 . 5,863 7,097 3,298 18,225 4,489 14,566 3,908 19,000 6,150 7,185 2,041 2,680 7,241 8,000 1,228 12,000 5,700 2,678 2,230 7,765 1,500 452 2,000 3,250 1,333 442 Law eff ec 33,485 8,941 15,483 *39,325 7,000 6,225 *19,000 None 3,576 *8,509 *3,327 *3,924 3,488 *5,584 4,502 592 1,800 1,505 None 329 None None None *1,344 None None *2,955 2,280 None 250 None None None 107 51 ive Octobe No separate March $372,897.00 accounts until 1, 1911. $7,208.00 $882,975.87 460,000.00 418,631.00 374,878.63 350,000.00 254,719.70 207,000.00 148,366.35 96,169.00 73,000.00 63,055.00 59,648.00 55,995.00 52,956.00 38,136.00 35,574.50 32,400.00 25,916.00 21,545.00 20.458.00 20,000.00 17,752.00 16,000.00 13,036.00 12,000.00 11,400.00 11,266.00 10,172.00 7,765.00 7,750.00 7,260.00 4,000.00 3,250.00 2,880.00 986.00 anuary 1, 1912 3. Pennsylvania 4. New Jersey . , 5. Illinois. Since July 1 6. Ohio January-Jun issued after January '12 Estimated 242,209.70 169,000.00 148,366.35 No separate for chauffeur 73,000.00 56,799.00 51,795.00 53,006.50 49,851.00 29,132.00 34,094.50 28,800.00 24,411.00 , 21,545.00 19,800.00 Approximate beginning 17,752.00 16,000.00 6,316.00 12,000.00 11,400.00 5,356.00 5,644.00 7,765.00 7,500.00 7,260.00 4,000.00 3,250.00 2,666.00 884.00 r 1 data not a e; no licenses Tuly 1st, until 12,510.00 38,000.00 None account kept s and owners 8,509.00 6,256.00 7,848.00 2,996.90 3,115.00 9,004.00 1,480.00 3,600.00 1,505.00 None 658.00 y; fiscal year Fune 19, 1911. None None 6,720.00 None None 5,910.00 4,528.00 None 250.00 None None None 214.00 102.00 vallable until J 7. Connecticut 8. Iowa. Since July 4 9. Michigan 10. Rhode Island 11. Maryland 12. Vermont, January-October 30.. 13. Missouri 14. New Hampshire 15. California 16. Virginia 17. Minnesota 18. Oregon. Since June 1 19. North Dakota. Since July 1.... 20. West Virginia. Since July 1 ... 21. Kentucky 22. Wisconsin 23. Washington 24. Delaware 25. Indiana 28. Georgia 27. Maine 28. District of Columbia 29. Nebraska 30. s Arkansas. Since August 13 .... 31. North Carolina 32. Tennessee 33. South Dakota 34. Florida 35 Utah 36. Alabama 'Operators. Total owners 516,977 Total chauffeurs, including operators 174,087 Total receipts $3,746,938.55 152 AMERICAN ROAD CONGRESS The list shows the number of owners, chauffeurs including opera- tors and fees received from owners, chauffeurs and operators. It appears tha^ during the present year the fees received in these thirty- five States (the amount hi Illinois being estimated) is $3,746,938.55. These figures show that there are 516,977 machines registered or one machine to about every 180 persons in the United States On the basis of value above stated, there are $516,977,000 invested in auto- mobiles in the thirty-five States included in the foregoing list or about $5.60 for each person in the country. Upon the basis of expense before stated it costs the owners in these thirty-five States $259,469,000 per annum to maintain these machines, or at the rate of $2.80 for each inhabitant of our nation. With these figures before one and understanding that the automo- bile is practically a novel proposition, which we are apt to overlook in these days of persistent progress, when everything moves so swiftly that a novelty quickly becomes ordinary, it will at once be realized how important it is that every effort should be employed to give the widest latitude for the use of the automobile without, however, infring- ing upon the safety of the people. It cannot be expected that public regulation will keep pace with private enterprise. The automobile moves faster than legislatures. Besides problems are presented every- day in the early days of any new activity, and it has been impossible to anticipate where the development has been so hurried. There has, therefore, been little or no effort for uniform regulation in the various States, pricipally because there has been no time for it and secondly because unity of action among the several States is necessarily tardy in its progress. Furthermore until the situation is fully developed and understood in each State, and its own affairs properly regulated, there could be no desire to reach out to procure cooperation and uniform regulation. There has been legislation in thirty-six States, including the District of Columbia, for a uniform law throughout the respective States. RECIPROCITY Of course each State will make provision for conditions peculiar to itself and it is not likely that in all respects the states will enact uniform laws. In one respect there is a general demand and unquestionable need for uniformity, i. e., the right of a resident of one State to operate a car in a sister State, provided he has complied with the provisions A MODEL STATE VEHICLE LAW 153 of law of his home State. There does not seem to be any reason whatsoever why a resident of one State fully authorized to use the roads of that State should not be permitted to go at his will upon the roads of another State wearing the badge of authority granted by the State of which he is a resident. It seems to be a failure to recognize the importance of the automobile, when a tourist is confronted by the necessity of carrying with him on a tour throughout the States the license of each State he enters. There has been some effort to do away with this hindrance to a free use of the automobile. The New York State law permits a non-resident to enter the State of New York without any formalities, without the paying of a fee and for an indefi- nite period, provided the non-resident has complied with the laws of his State governing the use of the automobile, and carries with him upon his machine the emblem of the authority granted him by his State and further provided that the State from which the non-resident comes gives a like privilege to residents of the State of New York. For instance, since the State of Maine permits a resident of the State of New York to enter the State of Maine with his machine bearing New York State number plates, the State of New York permits a resident of the State of Maine to enter New York, if the Maine number plates be shown. There are fifteen States of the thirty-six above mentioned which practically come within this rule. In other States there are limitations as to tune. Massachusetts permits a non-resident to go into Massachusetts for ten days, provided his own State grants a similar privilege to residents of Massachusetts. The difficulty with that law is there is absolutely no way of determining whether a non-resident is within the foreign state for more than ten days or not. Surely in a great city like New York City, the police could never determine whether a resident of Massachusetts was in the State of New York for a longer period than ten days. Putting it in another way, this law is so ready of violation and impossible of enforcement that it is practically useless. There is, however, one satisfaction in the law, that it does give some privileges to non- residents without a new registration. In Tennessee no exemption exists, whatsoever. In New Jersey no exemption exists except in so far as the commissioner of motor vehicles is permitted in his discretion to grant an eight day license upon application duly made by the non-resident upon the payment of a fee of $1. The first objec- tion to this is that it requires a non-resident to make an application for a license and pay a fee. The second difficulty was found when the 154 AMERICAN ROAD CONGRESS commissioner of highways, acting in his discretion, refused an eight day license to non-residents. The ground taken was that several of the adjoining States refused to give a like privilege to residents of New Jersey. It was not within the power of the State officials of the State of New York to grant a temporary license upon payment of a fee. The law there provides for an annual registration. The result of this has been in so far as New York is concerned, that thousands of people who make their summer homes on the Jersey coast were com- pelled not only to pay the fee in their own State but were forced to pay the regular New Jersey annual fee. This has resulted in much dissatisfaction. It is expected, however, that some way of avoiding this unfortunate condition can be found. This statement is not made with the intention of criticizing, because each State must determine for itself what is the best for it to do, but it is given for the purpose of showing very clearly that steps should be taken by all the States interested in procuring legislation which will permit the freest possible use of their highways by non-residents with as little regulation as is consistent with law and order. The automobile gives opportunities of seeing the country which the people have never had to such an extent before. It leads to many small interesting places which even the railroad with its great facilities has not been able to make suffici- ently accessible. It enables the people to know their country better. It brings people into closer contact. Especially is this true of the commercial vehicle. Trips from New York to Philadelphia are very frequent. It surely will not be conducive to the growth of this phase of the industry and to business generally if a merchant in Philadelphia, desiring to carry goods to New York City, will have to have his machine registered in Pennsylvania, New Jersey and New York and to pay a fee in each State. The tune is not so very far away when there will be great public highways between the large cities of the State. At the present time, as is so well known, a federal highway is proposed between Gettysburg and Washington. In anticipation of the time when these highways come into existence, every opportunity should be afforded to an owner of an automobile, whether it be a pleas- ure or commercial vehicle, to go at his will between the various States provided he has complied with the law of his own State. It would not be fair in this country of such great opportunity and where there is such a great exchange of wealth between the various States to reduce it to a mathematical proposition upon the basis that because the num- ber of residents of one State going into another is greater than those A MODEL STATE VEHICLE LAW 155 going from the latter to the former it would be of financial benefit to the latter to levy a tax upon non-residents. That would surely be a small policy to pursue. Therefore, there can be no model automobile law in any State which does not provide for the right of a non-resident to operate his motor vehicle in a sister State without payment of fees provided he has complied with the laws of his own State and dis- plays that fact when he enters the State of which he is non-resident. OPERATION OF AUTOMOBILE In eleven of the States before mentioned no one is required to procure a license in order to operate a motor vehicle. In ten of the states every person who operates a motor vehicle must first obtain a license in order to do so. In fifteen, and particular attention is called to New York, Pennsylvania, Illinois and Ohio, only a professional operator is required to be licensed. In New York only the profes- sional must be examined as to his qualifications to operate before a license is issued to him. In this respect it will therefore be observed that there is no uniformity. If the automobile be a dangerous instrument than it seems that every person operating a motor vehicle should be examined as to his qualifications by the authorities before a license is issued as in Massachusetts, Rhode Island, New Jersey and the District of Columbia. If the automobile be not a dangerous affair, then it would seem that nobody should be required to pass an examination as to his qualifications. In New York where only professional chauffeurs are required to be licensed there is no justifi- cation for such limitation. Either all operators should be examined or none. If a person operating a machine as an employee must be exam- ined, it can only be upon the theory that it is a machine which requires training and skill to manipulate. If that be so, why should not the owner be placed in the same position. It does not seem to be an effective answer to say that the personal responsibility of the owner to answer in damages for injury inflicted creates a keener desire on his part to be cautious then is created in one, who is operating a machine for hire and who may be held criminally liable for his heed- lessness. It is unreasonable to suppose that one man thinks less of his criminal responsibility than another does of a civil responsibility. With knowledge of his responsibility the chauffeur will exercise as much care as the owner who knows he is civilly as well as criminally responsible. Of course this is one of the propositions which has 156 AMERICAN ROAD CONGRESS partisans on either side and there can at this time, at any rate, be no agreement concerning it. As the automobile is practically new, and as operators and the public upon the highways have not become thoroughly accustomed to it and its use, there is contention that it is necessary at this time to require that every person, whether he be owner or an operator for hire, should be examined as to his qualifica- tions before he is permitted to operate an automobile. This view is not supported in nearly all of the States concerning which statistics have been collected. The other weakness of the New York law limiting examinations and licenses to employes and operators for hire is that the members of the family and friends of an owner of a car may operate a car even though they have no qualifications therefor. If however, every person who desires to operate a car should first be examined as to his qualifications, and, in any event, registered as an operator, the danger would be minimized. Of course the time is coming when everybody will be readily able to operate an automobile. When that time comes, there will be no need for examinations. But until it does come, if the chauffeur must be examined then there can be no logical reason why the owner should not. There need not be a lengthy discussion as to what age a person must have attained before he should be permitted to operate an auto- mobile. Men and women do not generally attain the age of discretion and judgment even in ordinary affairs until they reach the age of eighteen. Until that time there is not as a rule a full appreciation of responsibilities. There should not be complaint in any quarter if a person under the age of eighteen years is not permitted to operate a motor vehicle. Of course a few fond fathers may feel outraged, but in the general run, having hi mind the rights of the public, there is no reason for relaxing that rule. As to the nature of the examination of those who are required to be examined, as operator or chauffeur, there seems to be some differ- ence of opinion as to whether in addition to having the capacity to operate a car, the applicant should be a qualified mechanician. While, of course, it would be preferable that each operator of a car should thoroughly understand the various parts and be able to extricate himself from any difficulty in which he may find himself, at any time or place, in general, the public is only interested in the safe operation of the vehicle. All that is necessary is that the person be well qualified to safely operate the machine, have some general knowledge of its A MODEL STATE VEHICLE LAW 157 working parts, and be thoroughly acquainted with the rules of the road. For the purpose of identification every machine should be num- bered plainly. This is required in all of the above states. POLICE POWER There is no proposition in connection with the control by each state of the operation of motor vehicles more important than the enforcement of the law. It is easy enough to legislate, but where so many machines are being used and the opportunity of violating the law is so broad, it is no easy proposition to enforce the law. It is an unfair situation that some men should be permitted to flagrantly violate the law while others obey it rigorously. Under the laws of New York State the registration is in the hands of the secretary of State while the enforcement is in the hands of the police of each locality. The enforcement, therefore, is dependent upon the favor with which each locality looks upon the law. Since the enactment of the. present motor vehicle law, all fines for violations thereof must be turned over to the State treasurer. It formerly went into the treasury of the locality or into the pocket of the police justice or magistrate. Then, if the newspaper reports are to be credited, thousands of arrests were made weekly. Under the law as it now stands, each arrest must be reported by the clerk of the court to the secretary of State. The law went into effect August 1, 1910, and since that time to August 1, 1911, only 2,229 arrests have been made, and but $14,000 in fines paid into the State treasury. This is undoubtedly a small part of what was received the year before the present law was enacted. It seems to indicate, and investigations have disclosed that under the present system many violations take place without any action on the part of the police, not so much in the large cities, but frequently in the smaller communities. The convictions mentioned above have come from only nineteen counties out of the sixty-one counties in the state. No arrests seem to have been made in forty-two counties. In one city of 48,000 inhabitants, an inspector of the New York automobile bureau recently caused the arrest of thirteen persons in two hours. The inclination of the magistrate to enforce the law is shown by the fact that he immediately suspended sentence in the thirteen cases. There, therefore, cannot be any proper execution of a state-wide motor vehicle law, unless there be some authority in the state official 158 AMERICAN ROAD CONGRESS to cause the arrest and procure the conviction of offenders. The police throughout the state have very many duties to perform. Violations of provisions of motor vehicle law, such as the omission to carry proper number plates or in the case of chauffeurs, the failure to wear the designated badge, and even cases of excessive speed, can be and are readily winked at in some places by the police authorities as the results show, because the locality no longer benefits by an arrest. This condi- tion is bound to continue until someone who is directly interested in and responsible for the administration and execution of the law is permitted to take steps for the law's enforcement by the prosecution of offenders thereunder. There may be objections to the appointment of state officials for this purpose upon the theory that it would mean the creation of a state police, but it will be necessary, if the law is to receive the respect it is entitled to, and full protection to the people of the state is to be assured. No results can be obtained in that direction unless the official having charge of the administration of the law also has charge of its enforcement. In several of the states, an official appointed under the state motor vehicle law, has such power. In the same connection, there should be granted to such official the power to revoke either an owner's registration or a chauffeur's license for cause shown subject to review by the courts. The present law in the State of New York is unsatisfactory because an owner's registration or chauffeur's license can not be revoked by the secretary of State without the recommendation of the police magistrate who tries the offender, and then except in two instances, viz.: operating a car when intoxicated and running away from an accident, only after a third conviction. There is no close connection between the various magistrates and the secretary of State. The magistrates with the large amount of other cases cannot possibly give each case appropriate atten- tion. This could all be remedied if the execution of the law were in charge of a state official who would know of each violation and would be in a position to act for the best interests of the public, subject to the review of the courts. FEES Without entering into any discussion as to the power of a state to tax automobiles and to license chauffeurs as such for the purpose of pro- ducing revenue, and assuming the registration of automobiles and the licensing of chauffeurs is effected upon the theory that a means of inden- A MODEL STATE VEHICLE LAW 159 tification in case of accident may be afforded, it would seem to be proper that the fees should be as small as possible. Of course, it if be upon a basis of a tax for revenue purposes, nothing further need be said upon the subject except that each State must determine for itself what the tax shall be. But upon the ' 'identification" theory there can be no wa A - rant for any tax or fee greater than the amount of expense which the state incurs in making the registration or issuing the li cense. Upon that basis, of course, all owners of machines would pay the same tax and there would not be any graded rate based upon horse power on the theory that the heavier the car, the greater the wear and tear of the highways. Where so many of the people of a state are interested in a particular proposition, the conduct of which throws a burden upon the State, it seems that the burden should be borne by the State and not the people who are directly interested in the particular proposition. It is safe to say that in the State of New York 500,000 people are directly and indirectly interested in the automobile either through the pleasure it affords or by reason of their connection with some mercantile automobile industry. This is over 20 per cent of all the people. There are very few forms of activity which cast a burden upon the state in which all the people are interested. Everybody does not own a horse and wagon but the use of horses and wgons means much to everybody in the state. Automobiles use the highways. So do horses and wagons. Horses and wagons are not taxed. Therefore, when an owner has lawfully marked a car in order to identify it and a chauffeur wears a badge in order to identify him, there can be no reason why there should be heavy tax on the owners of automobiles or operators or chauffeurs. For registration and licensing under the ''identification" theory the fee should not exceed the expense to the state. Of course if it be lawful to tax for the purposes of revenue then the tax will depend upon the amount sought to be raised and the willingness of the public to submit. But in no event should the tax upon the professional operator be greater than the expense of examination and issuance of licenses. To place a burden upon the opportunity of making a living is un-American. No state is so poor that it must tax a man's labor. If the purpose of registration and licensing be not for purpose of raising an annual revenue then there can be no necessity for an annual registration and license. It might be claimed that a small fee would meet strong criticism from the inhabitants of rural communities particularly the farmers who, it will be said, protest against the use of the highways and their destruc- 160 AMERICAN ROAD CONGRESS tion by autos unless the owners pay therefor. While this may be largely true today, the protest will die, for soon the farmer will be an owner. In other respects, he has advanced with the times. Why not in this? SPEED LAWS It is impossible to formulate a set of rules which will be satisfactory to all commonwealths. Each must decide for itself what is proper. But it is necessary that there be a uniform rate of speed allowed in all localities of the same class. In large communities, of course, the rate of speed must be much lower than upon a country road where there is very little traffic. There does not seem to be any reason why indulgence of a fairly high rate of speed should not be tolerated in sparsely populated places. Conditions must determine the proper speed. In any event, if regulations are made, they should be state- wide and no local ordinances should be permitted. Anyone who has had any experience at all with the use of an automobile, knows the difficulties and annoyances where local ordinances were in force and where they are now in force. A man has to have a guide book in one hand while he is driving his machine with the other, in order to determine at what speed he may go and what he has to do in other respects to be within the law as he goes from place to place. It is difficult enough for one who is making a tour through States to know the rules of each State without having to be acquainted with the ordin- ances of each town, village and city through which he may pass. The enforcement of these local ordinances has been effected in a very unsatisfactory manner as those who have fallen into speed traps well know. Do away with local ordinances and have State-wide regula- tion properly advertised. MOTOR CYCLES There has been some hesitancy on the part of some of the States, including New York, to require the registration of motor cycles. There does not seem to be any reason why a two wheeled motor vehi- cle should not be brought under the provisions of a motor vehicle law as well as a four-wheeled motor vehicle. It is not kept under better control than the larger vehicle and most of the same dangers attendant upon the large vehicle are attendant upon it. The recognition of this condition is found in the fact that out of thirty-six States, nine- teen require the registration of motor cycles. A MODEL STATE VEHICLE LAW 161 MANUFACTURERS OR DEALERS In many of the States a liberal concession is made to manufacturers by permitting them to register their types of cars and pay one fee for all cars owned, regardless of number, and receive number plates for as many as they wish. They are permitted to deliver these plates to a purchaser who may use them until he can make an application for registration and new plates delivered provided an application therefor is made at once. In New York such a provision has resulted in inconvenience and annoyance to the dealer and the viola- tion of the law by the purchaser. In many instances the purchaser retains the manufacturer's plates and never applies for the registra- tion of the car. There can be no complaint against a law which permits a dealer to register his types of cars instead of each car and enables the pur- chaser to use the borrowed plates for a short period. It helps, as it should help, the trade. But the law is unsatisfactory because the police in a large State cannot possibly know of the violations of law by the purchaser. The law in this respect cannot be enforced unless the dealer is required to report to the State official in charge of the automobile affairs the name of each purchaser to whom he delivers plates and the time of such delivery. If then the purchaser fails to make application for registration within the required time, he can be notified and upon continued violation of the law arrested. CONCLUSION These items in a general way cover the essentials of an effective law. There are many details such as the method of registration and licensing, the kind of number plates and badges, and the delivery thereof, and the like which must be a part of every such law, but have no place here because each department is bound in respect of detail to follow its own inclination. The automobile has a wonderful future. It is now and will even in greater measure be a potent factor in human activities all over the world. The law should give a helping hand. There should be no attempt to curb its use except as public safety demands. Liberality should be permitted and restriction discouraged. 162 AMERICAN ROAD CONGRESS THE MOTOR VEHICLE LAW OF CONNECTICUT HON. MATTHEW S. ROGERS Secretary of State The statutes which have appeared on our statute books, regulating the use and operation of motor vehicles, have been as marked in their advancement as the improvements in the structure and equipment of the machines themselves. To be a good law and practical in its workings, such law should have three purposes in view: first, it should be adequate and certain in its protection of the public and the careful operator: second, it should be practical and fair in its taxation for highway purposes : and, lastly, it whould be practical in the requirements of the owner and licensee in the procedure necessary to secure registration or license. Connecticut's first motor vehicle law was enacted in 1901 as a section of twenty-five lines, and seemed to have been enacted with only the purpose in view of protecting the public and that crudely and un- fairly to the motorist. The provision concerning the speed limit was as follows: No motor vehicle shall be run on any highway or public place outside the limits of a city at a speed to exceed fifteen miles an hour: and no such vehicle shall, on any highway or public place, within the limits of any city, be run to exceed twelve miles an hour. It had hardly become a law before the enterprising constabulary in the various towns saw for themselves a harvest in fees for arrests and allowances : so they proceeded to mark off a course, lie in wait for some unsuspecting motorist, stop him with a red flag, and proceed to place him under arrest. His trial often amounted to nothing but a computation as to the amount of fees necessary to go around among those arms of justice. The idea of protecting the public did not enter into it, and yet I will venture to say that, crude as it was, it was in advance of the provisions of the laws of many other States because Connecticut was a pioneer State in the industry and the "Locomobile," " Pope-Hartford, " "Columbia," "Corbin," and other motor vehicles were manufactured in the State and had been widely advertised, and there are now some states which have not yet progressed in the idea of a reasonable speed beyond that of our 1901 law, either in the pro- visions of the law itself or of justice in enforcing it. THE MOTOR VEHICLE LAW OF CONNECTICUT 163 The other provisions of this law where reasonable and sensible and were as follows: Upon approaching a crossing of intersecting streets or roads, the person having charge of the power of such vehicle shall have such vehicle under control, and shall reduce the speed of such vehicle until said crossing of such street or road shall have been passed. Upon meeting or passing any vehicle drawn by a horse, the person having charge of the power of such motor vehicle shall reduce its speed, and if the horse drawing said vehicle appears to be frightened, the person in charge of said motor vehicle shall cause said motor vehicle to come to a stop. Wherever the term "motor vehicle" is used in this section, it shall include all vehicles propelled by any power other than muscular, excepting the cars of electric and steam railways and other motor vehicles running only upon rails or tracks. No city, town, or borough, shall have any power to make any ordinance, by law or resolution respecting the speed of motor vehicles and no ordinance, by-law, or resolution, heretofore or hereafter made by any city, town, or borough, in repsect to motor vehicles shall have any force or effect. The mayor of any city, the selectmen of any town, or the warden of any borough, may, upon any special occasion, or whenever in their judgment, it may be deemed advisiable, grant permits to any person or persons or to the public to run such motor vehicles during a specified time or until such permit is revoked, upon specified portions of the public ways or highways of such city, town, or borough at any rate of speed and may annex such other reasonable conditions to such permits as they may deem proper. Any person violating any of the provisions of this section shall be fined not more than two hundred dollars for each offense. It will be observed that there were no provisions in this law for requiring the registration or licensing of operators or of motor vehicles, nor any provisions providing for the taxation of motor vehicles as revenue for the repair of highways. In the year 1903 a law was enacted which was more liberal than the law of 1901, in that it changed the speed limit so that it was fair to the motorist so far as highways in small towns were concerned. The law reads as follows: No motor vehicle shall be run on any highways or public place at a rate of speed dangerous to life or property, or on any highway or public place outside the limits of any city or borough at a rate of speed to exceed fifteen miles an hour, or any highway or public place within the limits of any city or borough at a rate of speed to exceed twelve miles an hour. The apparent intention of this law was to make the speed limit no more than was reasonable, rather than to make an absolute limit outside of cities and boroughs: but it failed to remedy the abuse of the law upon the part of those whose duty it was to enforce it. 164 AMERICAN ROAD CONGRESS The law of 1903 also provided for a registration of motor vehicles which consisted of a certificate which both registered the car and licensed the owner to drive the car. The only requirement as to a marker was that a number corresponding to the registration should be displayed on the rear of the car. The fee was one dollar to compensate the state for the expense of registration. At the session of the general assembly, held in 1905, a change was again made in regard to the speed limit, but which remedied but little the possible abuse under the law by prosecuting officers. This provision read as follows: No person shall operate a motor vehicle on the public highways of this state at a rate of speed greater than is reasonable and proper, having regard to the width, traffic, and use of the highway, or so as to endanger the property or life or limb of any person, or, in any event, within the limits of any city or borough at a greater rate of speed than 1 mile in five minutes, or outside the limits of any city or borough at a greater rate of speed than 1 mile in three minutes. This law provided that a metal plate or marker for each motor vehicle should be furnished by the secretary of the State upon the payment of the actual cost of such marker, not exceeding $1, besides the payment of $1 for registration. These were practically all of the changes which were made. So that, for the first six years of legislation, there were no provi- sions requiring a tax of the owner to be used for the construction and repair of highways, although these were beginning to show a marked impairment as a result of use by the motorist. Neither had there been any provision in the law granting the power to the secretary of suspending or revoking licenses or registrations in order to protect the public against reckless or careless drivers. The legislature of 1907 again changed the law in relation to the speed limit, as follows: If the rate of speed of a motor vehicle operated on the public highways of this state exceeds twenty-five miles and hour for the distance of one-eight of a mile, such rate of speed shall be prima facie evidence that the person operating such motor vehicle is operating the same at a rate of speed greater than is reason- able and proper and in violation of the provisions of this section. This meant that the dr'ver was not limited to any particular speed, but if he exceeded 25 miles an hour the burden rested upon him to prove that, notwithstanding such speed, it was not unreasonable, considering the width, use and traffic of the highway. This was a fair law, both for the public and the operator, The fees required - nder the provisions of the law of 1907 were as THE MOTOR VEHICLE LAW OF CONNECTICUT 165 follows: Three dollars for each certificate of registration of motor vehicles, other than motor cycles, having a rating of less than 20 horse power, $5 for each motor vehicle having a rating of 20 horse power and less than 30 horse power, and $10 for each motor vehicle having a rating of 30 horse power or more, and if such motor vehicle has two ratings of horse power the fee to be based on the higher rating: fifty cent for each certificate of registration of a motor cycle, and 50 cents for the license to operate a motor cycle, and $2 for each license to operate. The revenue collected under this law was as follows : In 1908 from 5700 registrations $10,328.00 In 1909 from 8000 registrations $58,534.65 This included five registrations of manufacturers and 127 of dealers. The law of 1907 also contained the first provisions giving the secre- tary of State the power to suspend and revoke licenses and registra- tions, but the weakness of the law lay in the fact that when such sus- pensions or revocations were made they could be made only upon due hearing, and at such a hearing the secretary had no power to summon witnesses or take depositions, nor was the testimony required to be under oath, so that he was obliged to decide cases upon statements not given under oath. From a decision upon such a hearing the licensee could take an appeal to the Superior Court, should the find- ing of the Secretary be adverse to him: so that little, if any effort could be made toward the elimination of the reckless operator, in order to protect the public and the safe operator. The only safe sus- pension that could be made was that made after a second or third conviction for some offense against the provisions of the motor vehicle law. This evidence was provided for in the law by requiring courts to file abstracts of cases tried before them with the secretary, but, as a matter of fact, the records fail to show that there appeared any record of a single case where the party had been twice convicted. This law was more practical in its provisions for the securing of licenses and registrations than any that preceded it, in that it pro- vided that the license or registration could be issued by card, which was made out upon the receipt of an application card, which was filed alphabetically as an original and a duplicate filed in numerical order to correspond with the number of the license or registration, so that the owner or a licensee could be ascertained by reference either to number or name. The only difference between the license and registration being that the applicant for a registration received a 166 AMERICAN ROAD CONGRESS certificate while an applicant for a license received a card. These methods have been retained throughout the changes made in the law and are now in use. The three ideals of a perfect law were more nearly realized, however, in the next alteration in the law which was made in 1909. This law gave the secretary larger power with regard to revocation of registra- tion and the elimination of the reckless driver : it gave him power in the hearings before him to summon witnesses and take depositions, take the testimony under oath and in some cases to dispose of causes without hearing. Under this law an active campaign was commenced toward eliminating fraudulent registration and reckless or careless operators. To that end a newspaper bureau was subscribed to, and every conviction of a serious nature was investigated. Complaints against operators were acted upon as soon as received. It was not long before it was discovered that this had a salutary effect upon oper- ators, and that aggrieved persons made their complants to the secre- tary instead of making them to the prosecuting authorities, where the employer of a reckless operator would pay damages and settle the case and the operator, continue to be a menace to safe operators and the public. The operator became the best observer of his fellow operators, and while he did not desire to make a criminal of him by complaining of his heedlessness, he could have him summoned before the secretary and at least given a severe reprimand which had a lasting effect when he was informed that any further complaint would mean a revocation of his license and his entire elimination as a driver in this State. The following will give some idea of the cases heard and disposed of during the year: Accidents, injuries to vehicles 81 Accidents, injuries to persons 51 Deaths 21 Violations 20 Reckless driving 133 Other causes 29 Total 335 Refusal to grant licenses, 8 Revocations 27 Suspensions 32 Total . 67 THE MOTOR VEHICLE LAW OF CONNECTICUT 167 The fees for registration of motor vehicles were changed to a fee fixed according to horse power, of 50 cents per horse power of every car less than 25 horse power, and 60 cents per horse power above 25, and a pro rata reduction allowed for every car registered during the last half of the year. The revenue collected under this law was as follows : From 10,700 registrations in 1910, $162,375.10, and from 13,760 registrations in 1911, $230,120.89. In this is included the fees from 206 registrations of dealers and 8 registrations of manufacturers. The revenue was greater under this law owing to the fact it had been discovered that, under the law of 1907, cars registered once were run under the one official set of markers sent at the time of registra- tion for two or three years thereafter without again registering, and to remedy this evasion of the law the office had the law of 1909 so drafted as to make all registrations expire January 1, of each year, and adopted the method of changing the color of the markers each year, so that the police and constabulary could tell immediately by the color of the marker attached to the car the year it was issued for, and thus detect attempted evasion of the law. In carrying out the provisions of the law the number of markers necessary for the year was estimated and ordered. The office secured by means of a contract with a local agent, the shipment of such markers to the owners, and as a result of this arrangement the owner could receive his markers as soon as his registration was completed, pro- viding the express company worked as fast with the markers as Uncle Sam did with the mail. Under this law it was deemed advisable to form a separate depart- ment in the office of the secretary known as the motor vehicle depart- ment, of which the office force now consists of a chief clerk and eight assistants. The mode of procedure necessary to obtain a registration is as fol- lows: A blank card is furnished the applicant which must be filled in with the name and address of the person requesting the registration, together with a full description of the car to be registered and must then be returned to the office with the proper fees. The office records are then examined to ascertain if the applicant has previously held a registration; if so, the same number is assigned to him, but if not, then a new serial number is given to the applicant. The card is then passed to the billing clerk, who computes the fees and compares the remittance, and, if correct, entry is made in the cash book and certifi- 168 AMERICAN ROAD CONGRESS cate is made out and forwarded to the applicant. If the fee sent is not sufficient, the clerk bills the applicant for amount due and regis- tration is held up until the correct amount is received. At the close of each day's business a list is made of all registrations and sent to our agents who distribute the markers. This list is made in triplicate, the original being in the form of perforated labels which are torn off and attached to the package containing the markers, the second one is used as a receipt from the express company, being signed by their agent, and the third copy is kept as an office record. Another clerk then takes the original application and makes out two office stub cards (one carbon copy,) the original and both copies being passed to another clerk who numbers all three cards to corre- spond to the number assigned, and these are then passed to the filing clerk, who files the original in alphabetical order, one stub in the numerical file and the other two in a file arranged by towns, so when completed our records stand finished in the following way: (1) An alphabetical file; (2) A numerical file; (3) A location file. In this way we can readily refer to any owner either by name, by the number of his registration or by the town in which he resides. The same procedure is followed in the case of motor cycle owners and operators of both motor vehicles and motor cycles, except that they are not filed by localities. The three ideals affording a perfect law were worked out in the law of 1911, which was enacted by the General Assembly after many public hearings and conferences with the State and local automobile associations, the secretary and the State Grangers. By this law the secretary was given full power to suspend a license for any cause which he deemed sufficient, with or without a hearing. Since January 1, 1911, 772 cases have been investigated, 65 hearings held and 78 suspensions made. In some of our city courts a system has been adopted of having a city prosecutor enter a nolle upon the payment of costs, in cases of violation of the motor vehicle law. This resulted in a two-fold evil ; it allowed some habitual offender to escape without the secretary being informed that he had been before the court, unless it was discovered by the way of newspaper report, and it often compelled a driver to pay a sum of money rather then be subjected to notoriety or to employ counsel, even though he felt he was not guilty. This was changed by the law so that both the record and the amount paid above costs were to be returned to the secretary. THE MOTOR VEHICLE LAW OF CONNECTICUT 169 Another change, and that was due largely to an agreement which was entered into by Connecticut with Massachusetts, was, that if any Connecticut operator was arrested in Massachusetts and was released on his own recognizance and failed to appear in the courts of that State, he should be given the alternative of so appearing or lose his license. This led, after having been enforced in one instance, to the passage of a law allowing an operator guilty of some minor offense to be released upon his own recognizance, and extended to the citizens of other States which granted like precedure to residents of the State. The office then solicited the cooperation of neighboring States, but the Bay State was the only one to respond and has been working in absolute harmony with us, while New York has asked us to pay for a certified copy of record of a registration in order to convict one of its residents who was driving a machine under New York markers without a registration. Inasmuch as the States of Massachusetts and Connecticut were working in harmony, the passage was secured of a provision requiring a garage keeper to maintain a record of all transient cars left or stored with him, together with a record of their owners and operators. Under the old law an operator after an accident could remove the markers of the car when in a garage and give some fictitious name, or refuse to disclose his identity, and no one know anything about car owner or operator. If the garage keeper refused to be silent about it, the opera- tor could have someone else take the car in charge. Now, he can do so only at the risk of incriminating the garage keeper who attempts secrecy. With the advent of the official number plate, there had appeared a class of geniuses who had discovered that they could make old number plates look like new, and to eliminate this abuse it was pro- vided that without any alternative the secretary was to suspend a license or registration where the evidences of registration or license were changed or permitted to be used by other than the party entitled to use the same. A large class of dealers appeared on the registry list of the office who had no place of business and did no actual buying and selling of cars. The only purpose of the most of this class in registering was to secure the registration of a number of cars at a flat rate. To prevent this the law was so changed that to have a dealers registration the applicant must have an established place of business, and also file a certificate of his appointment as agent for the sale of cars, and to 170 AMERICAN ROAD CONGRESS file semi-annually a statement of the number of cars bought or sold. If these fail to show reason why an applicant should be registered as a dealer, the registration is cancelled. There had also appeared a number of manufacturers who were driving cars under the factory number, which were absolutely private cars. This evasion of fees was provided for by limiting the use of manufacturers markers and registration to cars used only for testing and demonstrating purposes. Again some manufacturers had only three or four cars registered, for which they paid only $1 per engine and these were not sold, and although they manufactured them it was more for their own use than that of sale. This law was then changed so as to require a minimum fee of $25 to be paid in case the number of cars did not exceed 25. The law was altered as to the fee per horse power, making it a flat fee of 50 cents per horse power. It provided for a fee for commercial cars, fixing the fee according to the carrying capacity of the car, thus providing more equitably for the contribution of revenue for highways by the owners of commercial cars. After due consideration it was decided to make Connecticut a wide open State to non-resident owners and operators residing in States granting to Connecticut owners and operators like privileges, al- though the law came very nearly specifying New Jersey as an excep- tion, for the reason that so many Connecticut automobilists had been obliged to register and license in that State almost as soon as the odor of gasoline from their cars had reached the border of that State. The 1911 law protects the public and the safe drivers, and adopts a more practical method of licensing operators than examination, namely, of requiring the applicant to have driven at least 100 miles, and guards against the obtaining of licenses of registration by mis- representation by providing that any misstatement of facts in an application for license or registration renders the same void. We keep on record all complaints made to us against operators and all newspapers information against them. The operator is not, as in some States, and particularly in New York, when charged with a violation of the law, prosecuted, examined, and nothing done toward suspending his license or eliminating him as an operator until he is adjudged a criminal. In Connecticut he is brought before the secre- tary, the matter investigated and upon the report of the secretary, his license is suspended or revoked, from which action he may appeal to the courts. Thus Connecticut is now having fewer criminal viola- tors and more careful operators. MOTOR VEHICLE LAWS AND GOOD ROADS 171 In collecting of evidences against violators of the law, the State was handicapped in that it had no special force which by law it could call upon for such service. To remedy this the power was conferred on the secretary to call upon the State police for its services, both in the prosecution of cases and in the securing of evidence for the hearings before him. The Connecticut law enacted in 1911 has approached more closely the ideal law than that of any other State in that it affords the greatest protection to the public and the sane and safe operator: it has the most fair, equitable and practical system of application for an issuing of licenses and registrations and the fees for the same are fixed and reasonable. Connecticut does not take the money derived from its motor vehicle law and turn it into the treasury for the general purposes of the State but causes it to be paid over to the highway commission of the State to be used in keeping the State roads, so-called, in repair, so that every cent paid by the owner or operator of a motor vehicle is used directly for the benefit of the pathway over which he travels and he thus in effect receives a return of a portion of the money he pays the State. In conclusion, I desire to say that Connecticut has the model motor vehicle law, that her highways are well built and kept in repair, and that she welcomes the citizens of sister States within her borders. RELATION OF MOTOR VEHICLE LAWS TO GOOD ROADS SIDNEY S. GORHAM Chicago, III. Inasmuch as this is a Good Roads Convention I take it that an extended discussion of the motor vehicle laws of the various States will be inappropriate, but it may be that a brief discussion of their rela- tion to, and influence upon laws providing for the building of good roads may not be without interest. In Illinois prior to the time when the State law went into effect no special provision was made for the disposition of the fines imposed for a violation of the ordinances regulating the use and speed of motor vehicles, but the various statutes of our State which have been in effect since 1907 have provided that all fines imposed for a violation 172 AMERICAN ROAD CONGRESS of their provisions shall be utilized for the building or maintenance of the roads of the municipality or road district in which the offenses were committed. The present law provides that all fees paid for the registration of motor vehicles and the examination and licensing of chauffeurs less the cost of procuring and delivering the registration certificates, seals and number plates shall be deposited in the State treasury and there set apart as a special fund to be known as the "road fund," which Shall be used solely for the permanent improvement of the highways of the State outside of any incorporated city, town or village, and shall be subject to appropriation by the general assembly for that purpose only. The amount appropriated and expended for such road fund in any county for the permanent improvement of the highways within its limits in any one year shall be in the same proportion as the amount levied in each county for road and bridge tax bears to the total amount of the road and bridge tax levied in all the counties of the State. In Illinois, as in a number of other States, the amount of the regis- tration fee is based upon the horse-power of the motor vehicle to be registered and this, it seems to me, is an appropriate basis in those States in which the payment of the registration fee is in lieu of all other taxes either general or special. In our State, however, under the provisions of the constitution as it now stands, this is not an appropriate basis for the fixing of the amount of registration fees for the reason that a constitutional amendment will be necessary before the legislature shall have the power to declare that the payment of the registration fee shall be in lieu of all other taxes. In perhaps no other State do the motorists directly contribute so largely to the funds provided for road improvement as in Illinois. Not only is the motorist required by our laws to pay a personal property tax on his car in addition to the registration fee varying from $4 to $10, depending upon the horse-power of the car registered, but he is also required by many of the cities and villages to pay a wheel tax of from $10 to $20 per year before he shall be permitted to drive his car within the limits of such municipalities. The provisions of the statute of 1911, above quoted, requiring the moneys constituting the "road fund" to be expended for the perma- nent improvment of the highways outside of cities, villages and towns amount in effect to the imposition of a wheel tax for the benefit of the country roads. MOTOR VEHICLE LAWS AND GOOD ROADS 173 HIGHWAY COMMISSION At the last session of our legislature a bill was introduced providing for the appointment in each county of a superintendent of roads, who should have general supervision over the country roads within his county and whose salary should be paid out of the "road fund" provided for by the terms of the motor vehicle law. This bill failed to pass, which may not be regarded as an unqualified calamity in view of the fact that the aggregate salaries of the county superintend- ents would have amounted to a considerable proportion of the "road fund. " There was also introduced a bill providing for the application of the "road fund" to the building of a State highway running from Chicago in a southwesterly direction to East St. Louis, from Chicago in a westerly direction across the northern portion of the State and from East St. Louis in an easterly direction across the southern por- tion of the State. This bill also failed to pass, but a concerted effort will be made at the next session of our legislature to procure the enact- ment of a bill similar to the one last mentioned. That such a bill will have the support of the members of the legislature through whose districts the proposed trunk lines of road will run, seems reasonable to believe, but it is feared that members from other districts will oppose such a bill upon the theory that the present disposition of the "road fund" is more equitable. While the automobile is a long distance vehicle, the use of which is not confined to the immediate neighbor- hood in which the owner lives, it would seem to me that if a trunk line or a road is not to be built out of the "road fund" it would be more equitable to provide that this fund be distributed among the counties in proportion to the contributions of the motorists residing in each county, but this disposition of the fund will doubtless meet with opposition from those portions of the State in which few motor cars are owned. It has frequently been stated that the aggregate road and bridge tax annually levied and collected in our State amounts to $10,000,000, and, while this may be exaggerated, I think without doubt the amount now approximates $7,000,000. Under our present system the country roads are built and maintained by highway commissioners who are paid a per diem, and the cost of administration under this system mate- rially reduces the amount available for actual use in road building and maintenance. It seems to me that an excellent nucleus for a system of hard road throughout the State would be furnished by a trunk line running from the northern to the southern part of the State. 174 AMERICAN ROAD CONGRESS The advantages of this road would strongly appeal to the residents of the districts through which it ran and it seems reasonable to believe that tributaries would soon be built connecting this trunk line with the districts on either side. These tributaries would probably be short at first, but would be rapidly extended on either side of the main trunk line until the more thickly populated sections of the State would become a network of hard roads leading into the main trunk line . Under present conditions the road and bridge fund is expended in the build- ing and maintenance of short roads beginning nowhere and ending nowhere, each township or road district acting independently of the adjoining townships and road districts. Perhaps it may not be out of place to speak briefly of the develop- ment of the motor vehicle laws of the various States and of the ten- dency of such laws in the future. As is not unusual the pendulum has swung from the extreme of permitting each municipality to fix its own speed laws, registration laws, etc., to the other extreme of taking from the local authorities all power in this direction. At first the right of local self-govermenent was strenuously asserted, but the confusion resulting from the use of number plates issued by a multitude of cities and villages and the activities of the unscrupulous speed trap operators who were actuated solely by mercenary motives, and whose suppression could best be accomplished by the adoption of a State law fixing uniform speed limits and prohibiting the adoption of local ordinances, gradually led to a change of opinion on the part of the public and the members of the legislative bodies throughout the country and resulted in the enactment in most of the States of statutes requiring the registration of cars in the office of the secretary of State, fixing uniform speed limite and prohibiting the enforcement of local ordinances. The earlier statutes prohibited the driving of a car in excess of certain fixed rates of speed, but the later tendency has been to prohibit driv- ing faster than is "reasonable and proper having regard to the traffic and the use of the way, or so as to endanger the life or limb or injure the property of any person," and to make a rate of speed in excess of a given rate prima fade evidence of a violation of this provision. Illinois, in common with nearly one-half of the States of the Union, where similar statutes have been passed, has adopted this basis and in recognition of the fact that different conditions obtain in the larger cities requiring rules and regulations which are unnecessary in the smaller cities and villages the new motor vehicle law adopted at our MOTOR VEHICLE LAWS AND GOOD ROADS 175 last session of the legislature provides that nothing in the act contained shall be construed. "As affecting the power of municipal corporations to make and enforce ordi- nances, rules and regulations affecting motor trucks and motor driven commer- cial vehicles and motor vehicles which are used within their limits for public hire, or from making and enforcing reasonable traffic and other regulations, except as to rates of speed not inconsistent with the provisions hereof." Pursuant to the power conferred by this provision an ordinance has recently been introduced in the common council of the city of Chicago prohibiting the operation of any car in such a manner as to permit the escape therefrom of any noxious smoke, gas, steam or other offen- sive odor; making it unlawful for any person to leave a motor vehicle standing within 15 feet of any water hydrant used by the fire depart- ment for the purpose of extinguishing fires; making traffic regulations; prohibiting the use of the muffler cut-out, and the use of a bell, horn or other signal device, except as a warning of danger. Reasonable traffic regulations can best be adopted by the local authorites to meet local conditions, and, while in the open country there is no serious objection to smoking motors, open mufflers and the unnecessary use of warning signals, they may become a public nuisance in the thickly settled sections of cities and villages. Modern systems of motor lubri- cation have minimized the smoke nuisance and I take it this problem will solve itself in the near future. Personally I can see no excuse for running mile after mile through city streets with the muffler open and the practice is responsible for a large measure of the present antagonism against the motorist and his car. Upon the strength of his statement that it was necessary in order that he might get his car under headway promptly and thereby avoid a serious obstruction of traffic one of the first drivers of a motor car arrested for a violation of the Chicago ordinance prohibiting the use of the muffler cut-out was discharged by the court. To the experienced motorist such an excuse is silly in the extreme and the judge, after making inquiries, promptly fined offenders who subsequently appeared before him. The unavoidable noises of a large city should not be augmented by unneces- sary noises, and in many sections of the country "anti-noise" crusades are being vigorously waged. The warning signal has been the subject of no little criticism and it is urged that its use in cities should be regulated and its unnecessary use prohibited. To my mind one of the most important public safe-guards is found in the proper use of 176 AMERICAN ROAD CONGRESS an adequate warning signal and in the interest of all concerned every motorist should studiously avoid making any unnecessary noise with the signal with which his car is equipped, or using it except in cases where its use is plainly necessary. It will not be disputed that the inadequate warning signal wholly fails to serve the purpose for which it was intended; that the adequate signal must be dependable; loud enough to be heard above the rattle of surrounding traffic; must be harsh, abrupt, and of such a tone as to instantly convey the idea of immediate danger. I have heard it argued earnestly and with un- doubted sincerity that the use of warning signals in cities should be prohibited, but I confess that I am unable to follow the reasoning of those who take this position. It frequently happens that without fault on the part of the motorist a situation suddenly arises which demands the instant and active cooperation of the driver of a motor car, and the person in danger, if a serious injury is to be averted, and in such cases an adequate warning signal must be used promptly and its tone should be so startling as to compel immediate attention. After weeks of careful and painstaking consideration of the subject the members of the judiciary committee of the city council of the city of Chicago, all lawyers of experience and recognized ability, have recommended for passage an ordinance which contains among other provisions a prohibition against the use as a warning signal of any device which will not produce an abrupt sound sufficiently loud to serve as an adequate warning of danger. This section also provides that it shall be unlawful for the operator of any motor vehicle to make or cause to be made any unnecessary noise with his signal device, or to use it except as a warning of danger. So far as I know this is the first instance in which a legislative body has recognized the importance and required the use of a signal which will produce an abrupt sound, and the ordinance as drafted impresses me as offering a sane solution of the unnecessary noise problem so far as warning signals in use upon motor cars are concerned. We have in a large measure solved the registration and speed prob- lems, but we are still in the constructive period of motor car legisla- tion and we should all use our best endeavors to avoid arousing hostile public opinion concerning these other questions which yet remain unsolved. LOUISIANA HIGHWAYS 177 LOUISIANA HIGHWAYS GERVAIS LOMBARD Member of the Board of State Engineers and Acting State Highway Engineer In Louisiana, the board of State engineers has, for many years, been entrusted with all the engineering work in which the State of Louisiana was directly concerned. An examination of the reports made to the governor of the State, biennially, will reveal the fact, however, that one of the tasks entrusted to the board of State engineers so greatly overshadowed all the others as to absorb practically all the time and attention of the depart- ment to the exclusion of the other necessary, though less urgent, public improvements. Volumes were written about the untold energy and the millions upon millions of dollars expended, under State and government direction, on the gigantic task of constructing and per- fecting the systems of dikes or levees to protect from overflow the 12,160,000 acres of rich alluvial bottom lands in our State which would otherwise be annually submerged by the flood waters of the Missis- sippi River, the Red River of the South, the Atchaf alaya River and other minor streams; while only casual reference was made to such important developments as drainage and highway improvement. But, thanks to the indomitable energy of those to whom the task was allotted, and to the unflagging interest of the entire citizenship of the State, even those dwelling in the uplands, the pinnacle of success, from this point of view, has about been reached. Acknowledgment must here be made of the very substantial aid rendered in later years, in the construction of our levee system, by the national government. As the result of the expenditure of some $48,184,189.49, of which the several local levee districts contributed $15,533,733.47, while the State aided to the extent of $20,072,019.93, and the balance was provided by the national government, a great system of levees has been constructed, which system is now over 1600 miles in length, entailing the emplacement of over 225,000,000 cubic yards of earth. By comparison this is nearly twice the amount of earth which has been and is still to be excavated through the Isthmus of Panama. In spite of shifting and caving banks, which have destroyed and rendered necessary the rebuilding and reconstruction of some 25 per cent of the system, this wonderful work has, at last, reached such a 178 AMERICAN ROAD CONGRESS stage in its completion as to permit at least some of this extraordinary energy and wealth to be devoted to the other lines of development so long neglected. For the last decade, drainage legislation and drainage development has been growing by leaps and bounds, and logically so, as the second step in the development of the State, and now requires con- siderable attention by the department; while for the last two years highway improvement has been taken up in earnest and is now grow- ing to such proportions as to necessitate a new department of the board of State engineers, designated, most properly, as the highway department. No end of credit is due the several governors of the State of Louis- iana who have fathered and furthered the levee and the drainage devel- opment of the State, and their names will go down to posterity as the initiators of these wonderful engineering achievements; but, it remained for our present encumbent, His Excellency, Governor Jared Y. Sanders, to inaugurate the good roads movement in the State on a practical footing. Governor Sanders is, par excellence, the greatest goods roads governor in the Union. I doubt if there was any State in the Union which could boast of so much ignorance in regard to scientific highway improvement, or which had worse roads naturally. With such conditions confronting him, Governor Sanders has, not only awakened sentiment for better roads, but has, by his own unceasing efforts, coerced a reluctant populace into enact- ing one of the best highway laws ever passed in any State, and into subscribing to an annual State tax for the purpose of organizing a State highway department, and inaugurating a system of scientific State aid highway construction, which, though it has been in existence less than one year, has succeeded in making substantial demonstra- tions in one-fifth or 20 per cent of the counties or parishes of the State, to the edification and delight of the people. The movement is now spreading with great and increasing rapidity. Parish after parish has fallen into line, and the meagre means at hand for State aid have fallen far short of the needs of the hour. In the beginning it was necessary to beg, cajole, coerce, and even to threaten, in order to get the police juries of the parishes to accept State aid in any form. These police juries had, from time immemorial, collected substantial taxes for their roads, but, however, honestly they may have striven, they have failed to do more than patch work, which was temporary LOUISIANA HIGHWAYS 179 and inadequate at best, because they did not work along comprehen- sive lines under proper engineering supervision. From official returns, accurately compiled by the highway depart- ment, it developed that form January 1, 1909, to November 1, 1911, a period of two years and ten months, upward of $9,079,000 was spent on the roads and streets of the parishes and municipalities, within the State, out of this generous expenditure little or no perman- ent work resulted, save in some of the municipalities, where competent city engineers directed the work. The rest was absolutely wasted except in so far as the worst places were made passable for light loads most of the time. Out of the scant revenues of the first year, the highway department has succeeded in placingunder contract 151 miles of State aid improved highways, estimated to cost, approximately, $275,000.00; besides contributing the equivalent, in State convict work, to approximately 132 miles of improved road at a cost, to the parishes, of $130,678.45. Besides this, at least, one more contract for nine and one-half miles of shell road to cost perhaps $45,000 will be let this year, bringing the total State aid work up to a grand total of 292J miles of improved roads at a cost of approximately $405,000 . 00. Out of the 292| miles of road, some 50 miles are metal surfaced with either gravel or shells. The act creating the highway department is considered to be a model of State road laws. It not only creates the department, but provides the department with funds with which to operate and with which to lend State aid, and bestows upon.the department such powers and privileges as render the whole system unique and effective. Not only does the department build and improve, but it maintains after- wards. It shares the cost of maintenance and construction with the parish or community to which State aid is rendered. One of the most effective and interesting features of this act is the use of the State convicts. With us, the greater part of State convicts are negroes, who, when properly controlled, make the finest laborers on earth. They are treated with every consideration, well fed, clothed and groomed, are made to keep regular hours and to observe all hygienic laws and regulations. The penitentiary laws of the State are models of their kind, and permit the use of the convicts on the levees and the roads, but always under the care and supervision of the board of control, a State insti- 180 AMERICAN ROAD CONGRESS tution. Those not necessary on the farms and plantation owned by the State and operated by the board of control, are sent to work on the public levees and roads. ^ While at work on the levees, they earn revenues for the board of control, as the work is done under contract at an agreed price per cubic yard. However, they earn absolutely nothing for the board of control when at work upon the roads. The entire expense of their maintenance, while road building, is paid by the parish employing them, however; so, with the gratis services of the engineer corps of the highway department thrown in, the parishes have an excellent form of State aid over and above that secured in a monetary way. All monetary aid the cost of which exceeds $2,000 in amount, is required to be advertised and let to the lowest bidder, and the State furnishes surveys, plans, specifications and superintendence, as well as a pro rata of the cost. The law sets forth that, in whatever amount the State renders aid, the parish must contribute not less than an equal share. By agreement, however, the share contributed by the parish may exceed the amount of State aid to any extent within the limit of its resources. The one-quarter of a mill ad valorem tax, which is levied on all the assessed property in the State, yields a net sum of only about $110,000; but, with sentiment growing all the time, more revenues will surely be needed and forthcoming within the near future, and the department is hard at work now upon new measures looking to the enlargement of the State highway fund. It was at first not supposed that our State was favored with an abundant supply of natural road surfacing material, but, since creat- ing the demand, a goodly amount of material has been brought to light. There is a liberal amount of concreting and washed gravel, and of both oyster and clam shells, which should answer the purpose very well for some time to come, and several quarries of fairly good lime stone and some sand stone, are found in North Louisiana; but, owing to inaccessibility, our main dependence for rural highways will, necessarily, be the sand clay construction, which is easily the most economical and useful road now available to us. We have an unusually great rainfall to contend with, but, on the other hand, are not bothered with severe frosts and their consequent damage to earth roads. With the drainage of the roads well designed and maintained, and the proper use of drags, our Louisiana earth highway will be dependable practically the year round, and should THE VIRGINIA CONVICT LABOR LAW 181 prove an incentive to the early and complete development of every section of the State. As stated above, our State has received substantial federal aid for its levee systems, without which we would probably still be largely subjected to annual inundation, and while we fully appreciate what has been done for us in that direction, we also appreciate the fact that the same class of aid will, in its turn, do an equal, if not greater, amount of good when devoted to the drainage and highway development of our State. The State of Louisiana, therefore, takes seriously to heart, the Nation wide movement looking towards federal aid to interstate highways, and, if such aid is secured upon the usual basis of helping those who help themselves, Louisiana promises generous cooperation. THE VIRGINIA CONVICT LABOR LAW CHARLES T. LASSITER State Senator and President of the Virginia Good Roads Association The grand old State of North Carolina has much in its history to justify the loyalty of her sons. That loyalty is based upon so many things which are true that it is really unnecessary to draw upon the realms of fancy in making claims for the honor of the State. So far as I know, North Carolina was certainly first among the States to devise a practical and humane method of employing her prison population in the building of improved roads. In that State the cities are parts of the counties for purposes of taxation, while in Virginia the cities are separate governmental entities. For this reason it was not practicable for us to adopt the North Carolina plan as a whole, and the present law in Virgina is an adaptation of the New Jersey and North Carolina systems of State aid for roads. It frequently happens that an eclectic system, which has frankly adopted the best in other plans, is able to present an improvement on its own originals, at least for the purposes of those who have taken the trouble to cull the best ideas of others, as the bees cull honey from the choicest flowers. Lawyers tell us, "the reason of the law is the life of the law." The reason for this law in Virginia grew first out of the fact, recog- nized by the law makers, that it was essentially unjust to place the whole burden of building and maintaining roads upon the rural com- munities through which they run, without requiring urban communi- 182 AMERICAN ROAD CONGRESS ties, at least equally benefitted, to share in the burden. In the second place, it was found that the money revenues of the State, available for this purpose were so small that practically nothing could be done in this way. There remained, however, a comparatively large prison population, supported by the tax-payers of the whole State, and at least half of them (the jail convicts) were being kept in idleness practically attending schools for crime. This condition of affairs existed, coincidently with a great scarcity of agricultural labor, and it was believed that in no other way could the State so acceptably aid the building of public county roads as by furnishing an organized force of laborers (clothed, fed and guarded by officers of the State) to use the tools, teams, and materials furnished by the counties. The situation in many other States is probably the same as it is in Virginia, and it may be of interest to explain the present plan in this State, which is not merely a law for building improved roads, but we claim that it has the merit of being at least one of the best methods of humane penal reform in operation in the United States today. It rarely happens that any law capable of practical application to the affairs of men is the unaided work of any one man, but an exami- nation of its history will show that, like most other things in God's universe, it is the product of a process of evolution which long ante- dated its actual enactment. It should be glory enough for any of us to be able to say truthfully that we have aided in the accomplishment of great reforms, which have proven of benefit to the people. This "First Good Roads Con- gress under the auspices of the American Association for Highway Improvement, " is itself the heir of all that has gone before in the way of similar movements, and would not be possible but for the patriot- ism and devotion of many who cannot be here now to aid in its delib- erations. In order to understand the Virginia plan for the employment of convicts in road building, it is essential to know something of the history of the movement which obtained its first fruits in the Virginia act of 1906, which created the State highway commission and the State convict road force. I think it may be truly said that the Luther of road reform in Vir- ginia was the late Joseph Bryan, owner and editor of the Richmond Times, which afterwards became the Times-Dispatch. In 1893, when the roads in Virginia were as bad as they had been just after THE VIRGINIA CONVICT LABOR LAW 183 the war between the States and when there seemed almost no chance of enlisting popular interest in their improvement, it was largely through the influence of Mr. Bryan that the first good roads conven- tion met in Richmond and organized the Virginia Good Roads Asso- ciation. A great part of the work of the parent organization was accomplished by its secretary, Mr. Henry W. Anderson, now one of the leaders of the Richmond bar. He was the Melanchthon of this reform as Mr. Bryan was its Luther. At that time, under these leaders, it was my fortune to become inter- ested in the problem of better roads, and I was one of the vice-presi- dents of the organization during the time that it existed. Many of us were then occupied with the idea of putting the convicts to work on roads. Unfortunately for our plans, it was about this time that the existing authorities executed a contract to hire from 800 to 1000 of the able-bodied prisoners at the penitentiary to a shoe company for a further period of ten years. That contract will not expire until 1913. Many efforts were made to evolve a plan by which the roads of the State might obtain some of this convict labor, but they resulted in just so many failures. This was due in part to the great influence exercised by the lobby for the shoe company, and in part to the fact that the plan had not been sufficiently perfected. It should be remembered, at least by all good roads advocates in this State, that it was due to the efforts of Hon. J. Thompson Brown, of Bedford County, that the constitution of 1902, by affirmative enactment, makes possible the granting of State aid to roads. The years from 1893 to 1906, while barren of legislative accomplish- ment, were at least productive of much study and thought on the part of good roads advocates. Much missionary work had to be done, and it was due to the aid of the newspapers of the State and to The Travel- lers Protective Association that a sufficient majority was at length obtained in the General Assembly to enact the companion acts of 1906. While Hon. Robert W. Withers, of Suffolk, and myself were joint patrons of what have since been called the Lassiter- Withers acts, it is of course evident, from what I have said, that the final success of the law was due rather to the work which all of us had previously done to educate the voters than to the fact that we had actually prepared and supported the necessary bills in the house and senate. I think we may claim as original, however, that portion of the convict road force act, which made it possible to put some of the prisoners 184 AMERICAN ROAD CONGRESS to work on the roads, notwithstanding the shoe contract of 1893. In order to accomplish this result our bill changed the criminal laws, so as to provide that certain classes of felons might be sentenced to the roads, instead of being sentenced to the penitentiary. There never has been any question that the State had a legal and moral right to change its methods of punishing criminals. The shoe con- tract makes a certain number of those sentenced to the penitentiary subject to its provisions. The law of 1906 was to a large extent experimental, but the experi- ment has been justified in actual operation for five years. This would not have been true, in all probability, but for the earnest and patriotic work of two men who were made responsible for putting the law into operation. The first was Captain P. St. Julian Wilson, our first and only State highway commissioner, and the second was the late Major Morgan, until his recent death, the efficient superintendent of the penitentiary. These men had under them other capable and devoted men, who have nobly done their parts in the work of reclaim- ing the roads of Virginia from conditions which had existed for three hundred years. One of the great merits, which we have always claimed for these acts, was that they avoid a multiplicity of conflict- ing directions and restrictions they were intended to create a new department of government, to invest certain officers with necessary powers and then to leave to them, in large measure, the execution of those powers. Results have justified our confidence, because we were fortunate enough to have men of high character and splendid training, coupled with the devotion of soldiers on the field of battle, to breathe into the dry bones of our laws the breath of life. While the act of 1906 was experimental, it was so successful in operation that its provisions were enlarged in 1908 to include a still larger class of prisoners and, because it was not then possible to grant the aid of convicts to all of the 100 counties in the State, an act was passed granting State-money-aid to those counties, which were unable to secure a convict road force. The patrons of this bill were Judge Sims, of Louisa, in the senate, and Colonel Bowman, of Roanoke, in the house. With the active aid of Governor Swanson this bill became law. It was under- stood to be ancillary to the system of granting convict-labor-aid to the counties, and the purpose of its enactment will have been served when the shoe-contract expires. I have taken the time to explain the history of these statutes, THE VIRGINIA CONVICT LABOR LAW 185 because I am convinced that the next step in the logical evolution of good-roads laws in Virginia should be one of very general interest to the other States of the Union. I believe that the enactment of this next step will not only be the logical consequence of the successful operation of our system of employing convicts on roads, but that it will blaze the way for other States, now seeking a practical and econom- ical plan of road improvement, to follow, and profit by, the result of our experiments. It seems to me that prior to the expiration of the shoe contract, the legislature of 1912 should provide for the employment of the greater number of the felon prisoners on the roads and in making road material and agricultural lime. If this be done, the State will no longer need the highly valuable city property now occupied by the penitentiary in Richmond. It is estimated that this property is worth about $500,000 . If it were sold, it would soon become a com- ponent part of the pulsing business life of our beautiful capital city. It would pay taxes to the State and to the city. The proceeds, in my judgment, should be used in the establish- ment of a prison farm in each one of the ten congressional districts. The constitution requires a penitentiary, but as we would not need a very large prison, the new penitentiary could be built upon the present State prison farm in Goochland, or could be located in some other district somewhere near the geographical center of the State. In the penitenitary there would be confined the long term and dangerous prisoners, whose duty it would be to make shoes, clothes and other supplies for themselves and the men on the roads. Their number, I find from an analysis of the printed reports of the penitentiary, would be comparatively small. The old men, women and children should be employed on the farms in producing food for themselves and for the other prisoners. In this way a force of about 1400 able- bodied laborers, of an average age of twenty-five years would be available from our felon population for work on the roads, in stockades making road material and agricultural lime. This system would not be complete, however, without a reformation of the jails. There are today in Virginia 2000 misdemeanor prisoners lying in jail in idleness, at the great expense of the tax-payers. It should be a governmental axiom that no person be kept in jail after conviction. The jails should be used only for persons awaiting trial in the absence of bail. After conviction, the misdemeanor prisoners, who are like-wise State prisoners, should be sent at once 186 AMERICAN ROAD CONGRESS to the district prisons. These prison farms, except for those selected for work on the farm, should be merely depots for the reception and distribution of prisoners to the different forces at work on the roads. Some way can no doubt be devised, as under the present system, of segregating felon convicts into one force and misdemeanor convicts into another. In this way there can be made available in 1913 a force of from 2500 to 3000 able bodied men to work on our roads. It would no longer be necessary to appropriate $250,000 a year for State-money-aid, nor $150,000 a year for support of prisoners in jails. A comparatively small addition to these sums already appropriated would be enough to take care of our entire prison population, who would all be at work creating values for the tax-payers. Politicians stand very much in awe of the power of organized labor, and may fear to support this proposition on that account. I have so much confidence in the intelligence and patriotism of the honest working-men of our country that, I believe they will cordially endorse this plan of penal reform, because it will take prison labor practically out of competition with any form of organized labor, and will so greatly increase the wealth of the country that honest labor will benefit thereby in proportion to the benefits conferred upon the rest of society. I am speaking of the Virginia plan of using convicts on roads, because I have been familiar with it since its inception. It seems to me that it offers to all the States a solution of our present difficulties, which is already within the power of each State, without waiting for the advent of federal aid, which no doubt will come in the long run, but which is not yet available in our fight against the mud tax. I am in favor of federal aid to post roads, as aid, but I am always opposed to waiting for someone else, when we can at least begin to work-out our own salvation. If the number of the prison population in each State is in proportion to the prison population of Virginia, it seems to me we have a tool ready to our hands with which to begin this vast undertaking. I believe it to be true that no great system of roads was ever inaugurated without some form of forced labor. Under humane and modern methods this may be made a blessing for the laborer as well as for the society whose laws he has violated. The experience of Virginia has been that the prisoners engaged in road work have uniformly improved in physical health, and many have gained a better moral tone. Upon the expiration of their terms, many are employed by the farmers, who are glad to avail themselves of trained, and therefore efficient, labor. Permit me to say in closing RESOLUTIONS 187 that one of the most far-sighted public men of the Senate of Virginia of 1906 was Mr. Henry Wickham, the chairman of our finance commit- tee. Mr. Wickham was opposed to our road bill, and I made many efforts to convert him. One day he said to me, "Lassiter, I have only one objection to your bill, and that is that it will work, and, after you have shown the people that it will work, you will come back here and want a great deal more money." It is needless to say that his forebodings were entirely justified in the result, but it is fair to say that the wealth of the State has increased more than the demands we have made on her treasury for roads, and I believe the same will be true so long as we continue to develop our present methods of penal reform. RESOLUTIONS AS PRESENTED AND PASSED BY THE COMMITTEE ON RESOLUTIONS OF THE AMERICAN ROAD CONGRESS RICHMOND, VA., NOVEMBER 20-23, 1911 1. Whereas it has been the policy of our central government to aid in the development of our national resources, and to this end it has appropriated and is appropriating public funds to meet the needs of the postal service, of agriculture and commerce, and of public defense; Therefore be it resolved: That this Congress hereby respectfully memorialize the Congress of the United States to extend national aid to the several States of the Union for the purpose of aiding and encouraging them to build and maintain good roads; And that the chairman of this Congress appoint a committee on national highway legislation to be composed of one member and alter- nate for each State and territory. Said member to be named by the delegation from that State at this Congress; and that said committee request the cooperation of similar committees of all the other organi- zations to assist them to harmonize the diversified opinions of the various interests now working for national aid, and endeavor to estab- lish an agreement upon a unified plan that may receive the endorse- ment and support of this Association and all others working for the establishment of the principle of national aid in the policies of our government. 2. Whereas the highest degree of efficiency in road construction yet employed still leaves the question of maintenance the most important and serious question in the road problem, and 188 AMERICAN ROAD CONGRESS Whereas this question of maintenance of public roads has not been given the careful consideration that it deserves, therefore Be it Resolved, That this Congress most earnestly urges upon all road authorities their immediate, continuous and careful attention to this most important subject; and that no appropriation for con- struction should ever be made without proper provision for their after maintenance. 3. Whereas a large number of the States have made special appro- priations for assisting the counties in building roads and are construct- ing and maintaining these roads through a State highway depart- ment and that this method has been found the most efficient to give a State a good system of roads : Be it Resolved, That we recommend to the various States not already provided therewith, the adoption of legislation, providing for State supervision of at least the main highways of the State, through a State highway department, and for State aid in the building and maintenance of such roads, by the making of liberal appropriations, raised by direct taxation or the issuance of bonds, as the best plan yet devised to promote and secure an efficient system of highways for a State, and at the same time uniformity in road legislation between the various States. 4. Resolved, It is the opinion of this Congress, that in order to secure desired results in road work most quickly and most efficiently, the work of both construction and maintenance of all public highways of any locality or State should be under the direction of experienced highway engineers and that such engineers should be given all the authority necessary to justify holding them fully responsible for the results of the work. 5. Resolved, That this Congress emphatically recommends the en- actment of proper laws by all the States providing for the employ- ment of prison labor in the improvement of the public highways. 6. Resolved, That this Congress heartily commends the work of the Department of Agriculture for the betterment of the public roads of this country. 7. Resolved, That this Congress extends its thanks to President Taft for his telegram to this Congress favoring road betterment and regrets his inability through illness to attend. 8. Whereas the selection of the meeting place of the Congress is according to the constitution of the Association left to the board of directors, this Congress recommends that the board of directors RESOLUTIONS 189 select for the next meeeting place some convenient point in a different section of the country from the present meeting place, in order that from time to time the Congress may be held in the several sections of the country. 9. Resolved, That the sincere thanks of this Congress be extended to the State of Virginia, the City of Richmond, its civic asssociations, automobile and other clubs and hotels for their genuine hospitality and entertainment of the members and guests in attendance upon the Congress; and especially does the Congress acknowledge its appre- ciation of the energy and courtesy of the Press for their comprehen- sive reports; and we further acknowledge our obligations to the several railway companies for the reduced rates extended to those attending the Congress. Whereas, the safety of the public is of primary importance, and the driving of vehicles at night is attended by dangers which should be reduced to a minimum. Now, therefore, be it further resolved, That it is the sense of this Con- gress that from sunset to sunrise, all vehicles should carry at least one lighted lamp of sufficient candle-power to be visible at a distance of 200 feet, so placed as to be seen from the front and left side, and a red light visible in the reverse direction, and Be it further resolved, That the use in cities and villages of non- dazzling headlights on all vehicles should be required by law, wherever the streets are adequately lighted, and Whereas the highways within the confines of cities, towns and villages, as well as in the open country, are dedicated to the public use, Now, therefore, be it resolved, That all users of said highways should have due regard for the rights of other users, the pedestrian for the rights of drivers of horse-drawn vehicles, the drivers of horse-drawn vehicles for the rights of the drivers of motor vehicles, the drivers of motor vehicles for the rights of cyclists, the cylists for the rights of equestrians, and one and all for the rights of each of the others : and Be it further resolved, That the use of the muffler cut-out in thickly settled sections and in cities should be discontinued, and Be it further resolved, That the unnecessary use of warning signals should be avoided, and that an adequate warning signal should produce an abrupt sound, sufficiently loud to be heard under all con- ditions of traffic and that its use except as a warning of danger should be prohibited by law, and 190 AMERICAN ROAD CONGRESS Be it further resolved, That in cities, village and towns, slow moving vehicles should be required to drive close to the curb, in order that the faster moving vehicles may pass in the center of the throughfare; and Be it further resolved, That, in view of 4he fact that the motor vehicle is used for interstate communication, frequently passing through two or more States during a single day, uniform speed regulations should be adopted by all States, and local authorities, such as cities, villages, and towns, should be prohibited from fixing local speed regulations ; and .Be it further resolved, That in view of the rapid development of commercial motor trucks for intercity use, the public authorities charged with the duty of building and maintaining bridges should be required periodically to inspect all bridges under their jurisdiction and post conspicuously thereon the wheel load they are capable of sustaining; and Be it further resolved, That, in view of the unprecedented growth of interstate and intercity traffic for commercial purposes, a system- atic and adequate placarding of roads by sign boards giving directions as to towns and distances should be required by law, and such laws strictly enforced. TREASURER'S STATEMENT JUNE 30, 1912. Total receipts from December 1, 1910, to June 30, 1912, inclusive.. $22,598.36 Total disbursements to secretary during same period 21,040.48 Balance in hands of treasurer $1,557.88 LEE McCLUNG, Treasurer. SECRETARY'S STATEMENT RECEIPTS Amounts received by secretary and transmitted to treasurer from Decem- ber 1, 1910, to June 30, 1912, as follows: 1256 regular memberships and renewals at $5 $6,280.00 79 sustaining member- ships and renewals at $100 7,900.00 Contributions 6,157 . 16 Receipts from sale of Year Book 483.20* Receipts from Year Book advertisements $l,162.00f Contribution to Richmond convention through man- ufacturers committee ... 615.00 Overpayment in regular membership dues by John S. Beall, refunded in cash. . 1.00 $22,598.36 Interest on secretary's bank account 1.61 Total receipts $22,599.97 JUNE 30, 1912. EXPENDITURES Salaries $11,184.10 Temporary assistance 787.50 Traveling expenses 3,227 . 87 Rent 1,245.00 Office equipment 312 . 08 Office supplies 73 . 73 Stationery, printing, en- graving and multigraph- ing 1,614.38 Press clippings 148 . 19 Postage 1,422.68 Telephone 135.28 Telegraph 95.39 Express 21.95 Membership International Association of Road Con- gresses 19.57 Rental of typewriters 53 . 50 Convention badges 185 . 10 Speakers' expenses Amer- ican Road Congress Richmond, Virginia 71 . 87 500 copies Saturday Eve- ning Post 25.00 Miscellaneous expenses . . . 254 . 28 Total expenditures $20,877.45 Balance in secretary's /in bank 135.84 '\ petty cash 28.80 $21,042.09 Balance in treasurer's hands 1,557.88 hands ; $22,599.97 * Copy of Year Book sent free to each member. Book was placed on sale June 12, 1912. t The total paid or due from advertisers was $38 16.00. 191 THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO 5O CENTS ON THE FOURTH DAY AND TO $1.OO ON THE SEVENTH DAY OVERDUE. LIBRARY, BRANCH OP THE COLLEGE OF AGRICULTURE UNIVERSITY OF CALIFORNIA 5m-8,'37(s) 24545. American i oad congress A5 1st. Richmond, 1911. 1911 Papers addresses anc resolutior s PHYSICAL SCIENCES PHYSICAL SCIENCES LIBRARY TE5 ^ 5 OF CALIFORNIA LIBRARY 3 1175 00472 2685