Democratic Sentinel, Volume 6, Number 7, Rensselaer, Jasper County, 17 March 1882 — From the Valparaiso Eesseuger. HIGHWAYS. [ARTICLE]

From the Valparaiso Eesseuger. HIGHWAYS.

Valparaiso, Ind., March 1,1882. Editor Messenger—Dear sir:—ln accordance with your request, we herewith hand you a brief synopsis of the provisions of the legislative enactment of 1881, relative to High ways: The law regulating the repairs and conductions of highways will be feund in the Acts of 1881, page 535. This enactment provides for the tion ofja township Superintendent of Roads in each township on the first Monday in April, 1882, and biennially thereafter. The duty of the Town ship Superintendent of Roads shall be to take cnarge of and superintend the construction and repairs of all roads, highways and bridges within his respective .township. He shall take an oath to faithfully perform the duties of his office, and shall execute a bond to the approval of the Board of Commissioners in double the probable amount of funds that will oome into h s hands. He shall have control of all moneys of his township collected for highways, or for bridge purposes; be shall execute all orders of the Board of Commissioners for opening, changing, locating or vacating any highway in his township: and he Bhall keep the highways and bridges in as good repair and condition as the means in his hands will permit. (Sections 1 and 2.)

It is the duty of the Township Trustee witn the ( oncurrence of the Board of Commissioners to assess, in the month of June in each year, a poll tax of each abie bodied man over twenty one years of age and unde fifty for highway pnrposes. Idiots, insane, deaf and blind persons, and such persons as are unable to pay on account of physical infirmity and poverty are exempted from paying this tax. But these exempted poor persons must first precure from the Superintendent a certificate of exemption, which they must produce .or inspection to the Assessor, when called upon for list of poll and property for taxation. The Township Trustee must also levy a road tax of

not exceeding twenty-five cents ap •n each one hundred dollars on the property of hi s township liable to taxation for State purposes, which levy shall be placed upon the tax duplicate by the Auditor, collected by the Treasurer and turned ovet to tha Superintendent. (Section 3.) Section 4 exempts incorporated towns from the provisoes of this act. Section 5 provides for consiructk n and repairing of roads on township or county lines and is as follows; Roads running noith and south, the north half is assigned to the township on thi west side of such line, and tne South half is assigned to the township on the east side of such lino; and roads tunning east and west, tne west ffialf is assigned to the township ori the south side of sueh lines, and the half is assigned to th° township or townships on the north of such lines.

Sec. 7 requires the Superintendent, in the months of April, May and June of each year, first to put all highway s in good repair, and then with such other means as may be in his bands, proceed to do work denominated extraordinary, noon such portions of the highways of his township ns are mostly traveled; and by ditching, draining, making embankments, culverts and bridges construct a road with a smooth surface of not less than eighteen feet in width, Hud when the matetia! is within his reach, may cov or nine feet width of such road with gravel or any material that will make i hard surface. The Superintendent shall expend all available mpntis in his hands applicable to highway purposes by November 15th of each year. He shall also cause the roads to be mowed twice a year, to wit During the months of June and August, to the end that all noxious weeds and thistles may be destroyed.

The foregoing provision rotating to macadamized reads, we understand, is to be enforced only when all the roads in the township are put in proper repair, and there remains in the Superintendent’s hand a surplus of money: than he shuil, in selecting the portion to be ruacadmizad, take into consideration its importance to the travliug public, and it is convenience to gravel, stone or other material to be used in its construction. Wherever any citizen shall contribute anything towards macadamizing such highway, tho Superintendent shall ex pend a like amount equal in value to such donation, if he then has the means on hand. (Sec. 7.)

Section 8 provides that bridges may be constructed any time during the year and that ull other work—macadamizing excepted —m vst be done in the months of April, May. June and July.

The Superinte dent shall each year appoint on* road master in his township, and may appoint as many others as he may deem necessary—who shall give bond in the sum of two hundred dollars and take an oath to faithfully perform his duties. The road master shall, under the directions of the Superintendent, employ laborers, mechanics and teams at specified wages su:h as isusuaUn the township for such and shall work them ten hours per day. and he shall be liable to the township for failure to perform his duties or for any other damages sustained by such township, resulting from negligence in his duties.

The road master may be discharged for good cause by the Superinten Jen r, and for his compensation shall receive any amount not over one dollar and a half per day. He shall also give orders on Superintendent for work performed by the men, which orders with the endorsement of the payee thereon shall be the Superintendent’s vouchers in his settlement with the Board of Commissioners. (Sections 9, 10, 11, 12.) The Superintendent is made the custodian of all the tools, materials and other property pertaining to roads which have been held by the different road districts of his townships and it is made his duty to collect this property together, and pro vide a suitable place for its safe keeping, and he is likewise empower ed to purchase such other tools and materials as may be necessary, tak ing receipts from the vendor. (Sec 13.)

At the expirationjof his terra the Superintendent must make out, a schedule of all property belonging to his township pertaining to roads, hand such property over to his successor, which schedule must be copied on the township record. He must likewise deliver to his successor all moneys in his hands belonging to thd township, taking his receipt as a voucher of the same.(Sec. 14.) The township Superintendent at the next meeting of the Board es Commissioners after his term of office has expired must make a settiement'and produce vouchers tor eii •ry item of expenditure, and he shall be allowed two dollars a day for every day he was employed as such Super fntendent. He must also while in office make such en tries and records upon his book with reference to highways as is now provided by law for Township Trustees. (Sec. 15)

It is made discretionary with the Superintendent to let out any portion of the work to be done when the probable cost of the same shall exceed twenty-five dollars, and for this purpose he shall cause plans aid specifications to be made out and kept for public inspection, and be shall call notice of letting of such work to be posted in five of the most public places in the township giving time and place of letting such contracts, together with a brief descrip, tion of the work, and inviting cou tractors to submit sealed bids for

doing tie same, sdop such rules aßd regulations as to the manner and time of doing the work as he mav deem proper; bathe may reject any and all bids, and he cannot receive or entertain any bid not accompanied with the bond of the bidder, with sufficient freehold sureties* payable to the State of Indiana in a penalty of double the amount of his bid, conditioned for the bidder’s faithful compliance with the requirements of the plan and the spedflea. tions. and provisions of this act In the case of the letting of the contract, the succcessf il bidder must in like manner execute a sim lat bond to the approval of the Superintendent; and if he shall refuse so to execute the bond, the Superintendent mav let the contract to the next lowest bidder, oi he may advertise for another letting, and In that event the bidder so refusing to execute hi* bi nd shall be liable to the township, on the bond ac companying his bid, for all damages. (Sections 16,17, 18.)

Any person iujui ing any dam, drain, embankment, ditch or other construe tion made for the pro ection of any h ! ghway or bridge, or who shall willfully distroy any guide post, or deface any inscription thereon, or who shall unnecessarily obstruct any highway or bridge, and who shail when driving any vehicle fail to keep to the right when meeting anoth r vehicle so as to allow it to pass without injury, shall forfeit to the township five dollars, to be recovered in the name of the Superintendent; and in the case of an obstruction in th® highway, the sum of five dollars shall be forfeited and recovered for each and every day such obstruction con tin ues. (Sec. 19.}

The road muster, or any other person by bis order inay en t er upon any land in reach of any highway which is being improved, and thereupon construct snch ditches, drains and dams, and may dig and remove any gravel, stone, earth, sand, or cut and remove any wood or trees, that may be necessary for the proper con struction, repair or preservation as any such hignway ; any personjfeeling aggrieved by sueh act may petition the Township Tiustee for an assessment of damuges caused thereby, and the Tr istee shall appoint three disin terested persons in such township to assess the damages, which must be done within twenty days after the appointment: they proceed as in ordi uary cases of arbitration, and tne complainant may appeal to the Circuit Court. (Sec. 20.)

When a highway running through or bordering on auy plantation shall become obstructed.th© ow. eroroccu pant of the plantation shall remove such obstruction for which the Superintendent shall pay him a reasonable compensation. (Sec. 21.)

Trees standing or lying on land over which any highway shall be laid out, shall belong to the owner of such land, if he shall avail himself of the same before the Superintendent is required to open such highway; but he m?y use them if he sees proper in constructing the highway. (Sec. 22) The Superintendent shall erect and keep at the forks of every highway, and at every crossing of roads, guide posts and boards with proper inserptions and devices, so far as in judge meut may be necessary. (Sec. 23.) The Supsrintendenl.has the powerto administer unnecessary oaths in the discharge of h* duty. ’(Sec. 24.) Tne office at Supervisor is abolished, and the Superintendent shall as nearjas'possible distribute the work on roads equally in all parts of his township, and all complaints against him must De made to the Board of Commissioners. Sections (25, 26.) Section 27 provides that the owner or the property sSall have the rig-t to work out his road tax. under the rules and regulations as provided in Section 16 of this act, if the person so owing said tax shall apply to the Superintendent to do such work and will do the same at such time and place as the Superintendent may direct.

We have given this last piovision careful consideration, as it is involved in considerable darkness, when taken in connection with Section 16 which in reality makes no provision whatever for working out road tax; it refers to work to be done when the probable cost shall exoeed twonty five dollars, and provides for letting such work on contract with notice, plans, specifications, and bonds for tne faithful preformence of such work. We see no way to leconcile the two sections and make them barmonize| except m this wise: when the work to be performed in any one place does not exceed twenty-five dollars, the tax-payer may apply to the Superintendent, and work out his road tax in the same manner as he has heretofore performed it. This construction does away the usefulness of many of the provisions of the law; but we think it is ihe only way out of the obscurity, and is probably what the legislators intended It will b« seen that Section 4 of the act provides, that '‘when an incorporated town or city is situated in whole or In part in such township, it shall be exempt, from all the provisions of this act.”

We understand frem this, that we are exempt from the provisions of the law in the city, we can neither vote for a road Superintendent, nor nominate, or choose one from within our corporate limits The cirlzens out side of the city mast seleot and elect the Superintendent er Roads. We are still governed by the same laws there were in force in our city, prior to this enactment. Yours truly, JoHjfseu & MoLAuoHr.iv.