Rensselaer Union, Volume 1, Number 42, Rensselaer, Jasper County, 15 July 1869 — The Railrod Appropriation Law. [ARTICLE]
The Railrod Appropriation Law.
JCnrollMt Act H*. 018. SSsuwSs of Indiana. An Act t$ authorise aid in the construction of Roitroads, hy C’OMfiiVf and Townships taking Stock ' at amt making Jtonktoms to Railroad Companies. i J?kCTO>N (b Rk U enacted by the General Assembly nf the State of JtuSona, That whenever a petition assil( bo presenter! to the Board of Commission*c?s Bt' any connjj: in the State, at any regular oq sueriaj sesshsfl tbeiool, sighed by ona lmndik' d or Hfcholders9l said county, asking said Board to A take an appropriation of money to ml a company named in such petitior., then du 1 under the laws of this 7>iotc n ju the cqnatrucltou of a railroad in or sh ton *!i sitbrFoM (Jtopor-iw hod over 1 shall, oc prcftcnlwl io such Board of lommissinner* as iUbrfcsaid rignod by twenty-five frecholdci’K of-any township of such county asking such township to make an appropriation -of mouev to aid ;i railroad company named in such petition, and thru duly organised as aforesaid, in constructing a railroad in or through such township, by Liking stock in or donating monov As snob compeiivtoon auionunspecified in sncli pcmioii, not'exceeding, ItoWcvcr, twe per centum upon tlie atnmmt of taxable property of such county or township, as the case may be, on the tax duplicate of the county delivered to the Treasurer of the county for the preceding year, it shnfi We the duty of such Board of Commissioners, alter being satisfied that such petition has been properly signed by the requisite nyinbor Jof of sucb county or township, aforesaid, to'cnuJc 4 the same to be entered at full length upon their records. 2. The Board of Commissioners shall take said petition tinder advisement, and thereupon o,rder the polls at the several voting places of tiie countv, or of the particular township, as the case may be, to be opened on a day to be named in the order, which shall not be less than thirty iiocihbr* than sixly days*thereafter, and the votes of the legal voters of said county, or of the partfcnss»r iow nship named in said petition, to betaken upon *he subject, of appropriating, money by such comitv, or Tit such township, for the purpose Ot aiding iu the construction of in said petition.— The judges and inspectors oi elections shall be gdviTiica In she fl'cWi’tton of VVd.cs by the laws then in fliree genera! eleclknis. 1 Mo special registry shall be required as preliminary to,the elections proscribed by this Act, but the last preceding election sljall govern. 3. The Auditor of sncli comity shall. Uumediately give uotioc, to be published for at least i four weeks successively in some newspaper ol general circulation in the county, or, if none be published therein, in some newspaper most convenient thereto, and by printed handbills to be point'd in three public places in each township of the county where a county appropriation is prayed for, or in ten public places in the particular township where a township approjpriaAon is pray ed tor iu t»io petition; said handbills slqill he posted by the Sheriff of the county three'week* xp-ibr to the «*y fixed for taking the vote of tlie,county, 6r tbe particular townsTitp named in «wid]T(«iuoii, ns the case mav be, as vridl as said newspaper publication shall notify the qualified voters of the county, or of the particular towmihip, as the case may be, to take tho vote of the legal voters thereof, upon the subject the construction of the railroad named jn snch pfitition, to sq sntount 1 to h$ specified in such notice; and the Auditor of tne county shall make his official certificate thatooid notice was .published; and said Sheiift shall make his like certificate that said handbills were- pdsted as required bv this Act, which certificates shall be enl-cred upon tlic.tlio records of the Board of. Goponb-stonieiw, and shall be sufficient evidence 1 oft Be facts tbcic’ur stated. -I 4. The polls .sh:dl be vpem-tl ad the several voting ld*ces in thn-oeur.ty or township, as the Vaslmivffie' by thefroperjndgiH or inspectors of election on tbedayfixed by said Commissioners, and the Board shalldie organized, and . poll hooks and tally sheet* shall be kept, and tbs'whole voting and taking and certifying of
rotes shall be conducted as nearly fc*,may he in the manner provided *y UW for conducting thf voting at the general election for State sad County officers. i- i < ! • ft. The qualifications es voters to vote at the polls to be opened as reomred by this Act, shall be ascertained, and ohftllfngea shall be altowed «** the »*me manner as is sew, or may he provided by law for Ascertaining the qualifications of voters and •hefleuges at general elections. i ( : 6. The ballot used at inch toting’ Us provided for in this Act, shall be written or printed; and those cast for the appropriation by the-county or township, as the cash may bey t# aid soefc Railroad Company, shaft contain the words “For the Rnilnto Appropriation,” aad those cast against it shall contain the words “Against the Railroad Appropriation," and if two or table ballots shall be found purposely folded together they shall be rejected. 7. When the ballots shall be , counted the Board of Judges t-hall make out a certificate under their hands stating >e words the number of votes given for the appropriation to the Railroad Company, and the number given against such appropriation, add such certificate, together with one of the list iof voters or pollbooks and one of the tally sheets shall be deJosited with the Inspector or with one of the odges selected by tnc Board of Judges,
8. The Inspector of each township or preemet or Judge of election, to whom such certificate, poll-book and tally sheets shall have~been delivered,, shall, when the question leas to mi appropriation by the entire county, constitute a a board of canvassers, who shall canvass and certificates, poll hooks and tally HMHympned by each member of snid board, purpose they shaft assemble at the CoßHpfthse on ThurpfeKjM sfiMMriing tfe? day of such voting, between Inc hours of. ten o’clock A. M. and six o’clock P. M./hut whea the question as to an appropriation by a particular township having more than one election precinct, the Inspector of each precinct, or the jad£ft of the election to whom such certificate, poll-book ami tally sheets, shall havebeen delivered, shall constitute such board of canvassers, and shall .meet at the time and pfavc aforesaid, if, however, such township shad have but otic election precinct, then the- htiftninr, and Judges thereof, or any two of them, shell constitute a board of canvassers, and nbwli meet at tiro time and place aforesaid anti fvvfeviw (he dnties aforesaid. 8. The niembers of the board who ahaitf assemble at such time and place, shall sekrel ewe of their number chairman, and the Auditor shall act as their clerk. 10. Such board ‘ when organized, shaft carefully compare and examine the papers, rod shall prepare and bign a statement of the wbehr number of votes cast, ami the number foe. stfefe appropriation to the railuad company, and (he number against it. 11. The statement of such vote, as provided iu the preceding section shall be filed with said Auditor, who shall record the same at Ml length in the records of the Board o! CemmMssm of said county, and carefully file sway aud preserve the certificates, pell hooka add tallyshoato aforesaid. , v.
]{. If a majority of the rotes east shall he fa favor of such railroad appropriation, the Rowd oi County Commissioners at tlicir ensuing regu lar June session, shall grant the prayer of said petition and shall levy » special tax of at least one half the amount specified in said petition, but not exceeding one f*r centum npon the real and personal property in tlio county or township, as the case may be, liable to taxation for State and County purposes, which tax si tall be collected in all respects as other taxes are collected lor State ami County purposes ; and if the same so leried shall not be equal to the anronnt sjtecified in Saul I petition then the residue thereof shall be levied by said Hoard of County Commissioner at the Juno session of the following year. 13. No county or township shall be authorized by the provisions of this Act, to appropriate to railroad purposes, or to raiee by taxation fcr such purposes, to exceed two per etnhtm upon the taxable* of such county or township a.* said taxahics shall appear on tin* Tax l>uplieala of the county, in any one period of two years. 14. Said Board of County Commissioners may after the assessment herein provided lor, or any part thereof shall have been collected, take stock in such railroad company, from time to time, in the name of the proper county or township, as the Case may be, and pay therefor when the same is taken, out of any.moneys so collected as aforesaid, or may. donate such tnoneys to said company tor the purpose of aiding in the construction of such railroad and pay the same over from time to time as the work progresses as hereinafter provided. Ift. If after the special tax shall haye been levied, as provided in the twelfth section of this Afct, and More it has been collected, the railroad company shall have so far completed the road to be aided as to be entitled to receive the money which die Board of County Coumissoncrs are authorised to donate, the same may be paid on the order of the Board out of any money in the county treasury not otherwise appropriated, to be refunded to the comity when such special tax shall have been collected. 16. No donation of money shall be made to any railroad company by such Board of County Commissioners, until the railroad to be construeed shaH hare been permanently located, ami work thereon done, and payed for by the company equal to the amount of the donation then made, nor ahall it be to exceed fifty per ca«toat of the money voted to be appropriated to such railroad company, to be donated and' paid over to the company until the iron is laid upon the road and a train of ears shall hare passed over the entire length thereof in.sueh county or township, as the cam may be. After the money authorized by this Act to be appropriated, shall have been levied and collected as aforesaid and subscription shall hare been iq*de on behalf of the county or township, as the case may be, the railroad company for whose aid the same shall have been so leried and collected, having folly constructed the railroad contemplated iu said petition, so that trains of oars shall pass over the same, shall have a right to. demand and hjive aapl moneys paid over according to the intent and meaning of this Act, and any one of said petitioners or tax paytfts of the county or township, as the case may be, may compel the same to be done by mandate against the County Commissioners. 18. A failure on the part oi the railroad company to commence work upon the railroad in Said county within one year from the levying of sash special taw,or failure to complete such railroad ready tor use within three yean from such levying, shall forfeit the rights of such oonwany to such donation, unless the County Commissioners for good cause shown shall give not to exceed one year's further time in which to complete the same, and the money raised by special tax shall go into the general fond of the oounty or town- 1 •hip, as the case may be, aad be used according- j ] J- V
fc fc.il. p. J.'. i Approved' Afcjl hr. Itmat '*##*♦ .if Hi? f i*A
