Evening Republican, Volume 14, Number 23, Rensselaer, Jasper County, 27 January 1910 — GRAVEL ROAD LAW HELD VALID BY SUPREME COURT. [ARTICLE]

GRAVEL ROAD LAW HELD VALID BY SUPREME COURT.

By Reversing Former Decision the Proceedings Under Gravel Road Law Are Held Valid.

The supreme court of Indiana reversed itself in a decision rendered Tuesday in the gravel road law. In November the court had rendered a decision declaring the law unconstitutional, and-thereby throwing a greatfright into contractors and bonding companies. The .first were afraid they wopld never be paid for work that had been done and the bonding companies were afraid that the bond issue would likewise be illegal. The case at issue was that of Samuel M. Smith, a contractor, against the commissioners of Hamilton counr ty. The court went back on its position of last November. The technical basis of the original decision hinged on the use of the word “includes,” which the court held intentional, cqpsequently Invalidating the law. The reversal, strikes out the word “includes” and makes it read "including”, the decision holding that the use of the former word was a typographical error.

There was rejoicing all over the state by reason of the new decision. The Marion township roads were built under the law, but they were completed, the contractors paid and the bond holders would be protected. In Carpenter township the roads were not completed and could not have been under the present proceeding except by the reversal of the decision. W. F. Smith, the contractor, Is rejoicing at the decision, which threatened to stop his work on two or three jobs.