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 ANNUAL REPORT 
 
 STATE HIGHWAY 
 
 ENGINEER 
 
 -&^T, 
 
 
 TO 
 
 OREGON STATE HIGHWAY 
 COMMISSION 
 
 FOR THE YEAR ENDING 
 NOVEMBER 30, 1917 
 
 HERBERT NUNN 
 
 STATE HIGHWAY ENGINEER 
 
ANNUAL REPORT OF THE 
 STATE HIGHWAY ENGINEER 
 
 TO THE 
 
 OREGON STATE HIGHWAY 
 COMMISSION 
 
 FOR THE YEAR ENDING 
 NOVEMBER 30, 1917 
 
 HERBERT NUNN 
 
 STATE HIGHWAY ENGINEER 
 
 SALEM, OREGON : 
 
 STATE PRINTING DEPARTMENT 
 
 1918 
 

 EXCHANGE 
 
REPORT OF STATE HIGHWAY ENGINEER 
 
 To the Honorable State Highway Commission, 
 
 Salem, Oregon 
 Gentlemen : 
 
 I have the honor to submit for your approval the yearly report of 1917, 
 for the fiscal year ending November 30. 
 
 On account of the fact that the organization of the State Highway 
 department was not completed until after the vote was taken on the 
 $6,000,000.00 bond issue, there remained very little time for preliminary and 
 final surveys and investigation during the working season, and due to the 
 same fact, a comparatively small amount of construction was completed. 
 
 It seems that at this time a voluminous report would hardly justify the 
 expenditure, and it has been decided by the department that to submit a 
 financial statement and summary of all work handled by this department 
 would be sufficient. Any one desiring a detailed statement on any 
 particular project can have same by applying to this office. 
 
 I wish to call particularly to your attention the large amount of investi- 
 gation which has been demanded by state, county and federal post aid 
 work Such investigations demand a reconnaissance, preliminary and, 
 ofttimes, final survey in order to determine the route to be taken, and in 
 some cases where we have been refused federal cooperation, the surveys 
 will be finally lost and the money expended on them will have to come out 
 of the general engineering funds. The same is also true as regards some 
 state and county work where it was necessary to make surveys entirely 
 through a district or county in order to get the best location, while as a 
 matter of fact, the money available would only build a very short section 
 on such location. In the latter two cases, however, the money expended for 
 investigation has not been lost and these surveys will be available when 
 further work is contemplated within these districts. 
 
 In regard to general office costs and general engineering work, I would 
 like to call to your attention the fact that from one to three per cent prelim- 
 inary expenditure before construction is started is legitimate, and in the 
 case of the newly organized Highway Com\mission. with a very few work- 
 ing months ahead of it after the money became available, this expenditure 
 will show somewhat greater than if we had had a full working year 
 ahead of us. 
 
 I would like to call to your attention thfe items under the heading of 
 "Construction Jobs," showing that we have thirty-two jobs actually under 
 construction, amounting to a total of $2,367,300.00, and to the fact that the 
 engineering cost on this work to date has been 1.53 per cent on the esti- 
 mated cost. We feel that on account of the large amount of preliminary 
 investigation and surveys both under previous administration and under 
 our administration that this cost is very fair and that the work will be 
 completed under a total low percentage of general overhead and engineering. 
 
 The items under the heading "Construction Jobs" do not include all of 
 the work which the State Highway department has handled and we will 
 call to your attention the items under "Bridge Design and Construction," 
 showing the amount of work designed and constructed and the cost. 
 
 We also wish you to note the amount of investigation and actual sur- 
 veys made for the different counties and for federal post and forest roads, 
 wherein estimates have been made and where construction is comtemplated 
 
 676893 
 
REPORT OF STATE HIGHWAY ENGINEER 
 
 or is actually under way. The general overhead and engineering cost of 
 these items has been prorated against the estimated cost of the work, 
 the same as under actual state construction, and we believe, has been a 
 legitimate expenditure and of great aid to the counties financially 
 and on account of the standardization and uniformity of the proposed 
 work. On much of this preliminary work the money is now available for 
 actual construction, such as the John Day Highway, with an estimate of 
 $740,000.00, and in Coos County, with an estimate of $360,000.00, the work 
 is practically complete. 
 
 Many state highway locations have been made through counties at their 
 request on which they expect to do grading next year and in a large number 
 of these counties the money is available and construction actually under 
 way. Curry County is an example of engineering expenditure which makes 
 little showing at this time, as in order to find out where the small sum of 
 $50,000.00 available could be spent to the best advantage, it was necessary to 
 make the location entirely across the county paralleling the coast. This, 
 however, has the advantage of making a location which the county will 
 accept as final and upon which they will expend their funds as they become 
 available in the next few years. Some of the preliminary and final sur- 
 veys in the rougher counties are very costly, a completed and staked line 
 often costing as high as $150.00 to $160.00 per mile. 
 
 Our bridge department has made an especially fine showing, as an 
 examination of the tabulated report will show, and the large number of 
 counties which have requested such design and supervision show a con- 
 fidence in that department which is highly pleasing to our organization. 
 
 Under general office expense it will be found that a very large amount 
 of equipment, printing of specifications, advertising, and the standardizing 
 of blank forms has been charged. The office, however, is now 7 well 
 equipped with the necessary adding machines, forms, etc. 
 
 It is to be remembered that the summary of costs in this report includes 
 the entire fiscal year for the State Highway department, including previous 
 administration work up until the time of the present organization. It also 
 includes considerable county work handled by the previous administration, 
 but which has since been charged against the present administration, which 
 charges would show in August of this year. 
 
 We have every reason to believe that the administration and engineering 
 expenses will be decreased this year as the preliminary surveying, locating 
 and investigating crews are considerably larger than the actual construc- 
 tion crews, and now that construction has commenced, many of these crews 
 are being dropped. However, provided that the engineering and admin- 
 istration expense continue as heavy as they have been during the past 
 year, we could continue the entire construction program over a period of 
 five years and still remain within the ten per cent limit for administration 
 and engineering expenses. I have every reason to believe, however, that 
 this expense will be much less when actual construction is completed. I 
 simply call this to your attention because of the heavy burden we are carry- 
 ing in regard to county requests, and have no reason to believe that this 
 work will consume a period of five years. 
 
 The cost of testing of materials and inspection, as well as the cost of 
 sending men into the different counties to give advice and assist in road 
 surfacing and other work has been carried against our general engineering 
 without segregation and is a considerable item, but is considered by this 
 
REPORT OF STATE HIGHWAY ENGINEER 
 
 department as the most important end of our work. This work includes 
 the location of quarries, gravel pits, advice on paving mixtures and 
 testing of same. 
 
 The unusual conditions caused by the war have made it exceedingly 
 hard to maintain engineering and construction organizations, and especially 
 is this true where the state has had work in outlying districts. We believe, 
 however, that all things considered, the actual construction work in the 
 state shows a very uniform and comparatively low cost, and the present 
 price of labor has not advanced the cost of work as much as was expected 
 last year. In county cooperative work, it ovas found that where the 
 counties owned equipment and maintained an organization, it was ofttimes 
 advisable to place the work in their hands, and this system has proven 
 successful, as an investigation of the work in Lake County, Deschutes 
 County and Lane County will show. 
 
 The promptness of the investigations of the State Highway department 
 and the fact that we have been able to complete as much work under the 
 unfavorable conditions as we have, is due to the careful investigations and 
 prompt decisions made by the State Highway Commission, our work never 
 having been delayed at any time because of lack of definite orders. I also 
 wish to thank each member of the highway organization for their splendid 
 cooperation and assistance in helping make our work a success. 
 
 The cooperation between the highway department and the county judges 
 and commissioners of the respective counties has been carried on without 
 the least friction and the cordial relationship that now exists between these 
 departments insures the success of our future state and county cooperative 
 construction. In every instance, this office has received the help of all 
 county officials. 
 
 Respectfully submitted, 
 
 HERBERT NUNN, 
 
 State Highway Engineer. 
 
ROAD LAWS OF THE STATE OF OREGON 
 ENACTED BY THE 1917 LEGISLATURE 
 
 CHAPTER 175 
 
 Whereas, the Sixty-fourth Congress of the United States of America 
 passed a statute which is now in force which is in the following language : 
 "Be It Enacted by the Senate and House of Representatives of the United 
 States of America in Congress Assembled : 
 
 "Sec. 1. That the Secretary of Agriculture is authorized to cooper- 
 ate with the states, through their respective state highway departments, 
 in the construction of rural post roads ; but no money apportioned under 
 this Act to any state shall be expended therein until its legislature shall 
 have assented to the provisions of this Act, except that, until the final 
 adjournment of the first regular session of the legislature held after the 
 passage of this Act, the assent of the governor of the state shall be suffi- 
 cient. The Secretary of Agriculture and the State Highway department 
 of each state shall agree upon the roads to be constructed therein and the 
 character and method of construction ; provided, that all roads constructed 
 under the provisions of this Act shall be free from all tolls of all kinds. 
 
 "Sec. 2. That for the purpose of this Act the term 'rural post roads' 
 shall be construed to mean any public road over which the United States 
 mails now are or may hereafter be transported, excluding every street and 
 road in a place having a population, as shown by the latest available Fed- 
 eral census, of two thousand five hundred or more, except that portion of 
 any such street or road along which the houses average more than two 
 hundred feet apart; the term 'State Highway department' shall be con- 
 strued to include any department of another name, or commission, or offi- 
 cial or officials, of a state empowered, under its laws, to exercise the 
 functions ordinarily exercised by a State Highway department ; the term 
 'construction' shall be construed to include reconstruction and improvement 
 of roads ; 'properly maintained' as used herein shall be construed to mean 
 the making of needed repairs and the preservation of a reasonably smooth 
 surface considering the type of the road ; but shall not be held to include 
 extraordinary repairs, nor reconstruction; necessary bridges and culverts 
 shall be deemed parts of the respective roads covered by the provisions 
 of this Act. 
 
 "Sec. 3. That for the purpose of carrying out the provisions of this 
 Act there is hereby appropriated, out of any money in the treasury not 
 otherwise appropriated, for the fiscal year ending June 30, 1917, the sum 
 of $5,000,000.00; for the fiscal year ending June 30, 1918, the sum of 
 $10,000,000.00; for the fiscal year ending June 30, 1919, the sum of 
 $15,000,000.00 ; for the fiscal year ending June 30, 1920, the sum of $20,000,- 
 000.00 ; and for the fiscal year ending June 30, 1921, the sum of $25,000,- 
 000.00. So much of the appropriation apportioned to any state for any 
 fiscal year as remains unexpended at the close thereof shall be avail- 
 able for expenditure in that state until the close of the succeeding fiscal 
 year, except that amounts apportioned for any fiscal year to any state 
 which has not a State Highway department shall be available for expendi- 
 ture in that state until the close of the third fiscal year succeeding the 
 
REPORT OF STATE HIGHWAY ENGINEER 
 
 close of the fiscal year for which such apportionment was made. Any 
 amount apportioned under the provisions of this Act unexpended at the end 
 of the period during which it is available for expenditure under the terms 
 of this section shall be reapportioned, within sixty days thereafter, to all 
 the states in the same manner and on the same basis, and certified to the 
 Secretary of the Treasury and to the State Highway departments and to the 
 governors of states having no State Highway departments, in the same way 
 as if it were being apportioned under the Act for the first time ; provided, 
 that in states where the constitution prohibits the state from engaging in 
 any work of internal improvements, then the amount of the appropriation 
 under this Act apportioned to any such state shall be turned over to the 
 Highway department of the state or to the governor of said state, to be 
 expended under the provisions of this Act and under the rules and regula- 
 tions of the Department of Agriculture, when any number of counties in 
 any such state shall appropriate or provide the proportion or share 
 needed to be raised in order to entitle such state to its part of the 
 appropriation apportioned under this Act. 
 
 "Sec. 4. That so much, not to exceed three per centum, of the appro- 
 priation for any fiscal year made by or under this Act as the Secretary 
 of Agriculture may estimate to be necessary for administering the provi- 
 sions of this Act shall be deducted for that purpose, available until ex- 
 pended. Within sixty days after the close of each fiscal year the Secretary 
 of Agriculture shall determine what part, if any, of the sums theretofore 
 deducted for administering the provisions of this Act will not be needed 
 for that purpose, and apportion such part, if any, for the fiscal year 
 then current in the same manner and on the same basis, and certify it to 
 the Secretary of the Treasury and to the State Highway departments, and 
 to the governors of states having no State Highway departments, in the 
 same way as other amounts authorized by this Act to be apportioned among 
 all the states for such current fiscal year. The Secretary of Agriculture, 
 after making the deduction authorized by this section shall apportion the 
 remainder of the appropriation for each fiscal year among the several 
 states in the following manner: One-third in the ratio which the area of 
 each state bears to the total area of all the states, as shown by the latest 
 available federal census; one-third in the ratio which the population of 
 each state bears to the population of all the states, as shown by the latest 
 available federal census ; one-third in the ratio which the mileage of rural 
 delivery routes and star routes in each state bears to the total mileage 
 of rural delivery routes and star routes in all the states at the close of 
 the preceding fiscal year, as shown by the certificate of the Postmaster 
 General, w r hich he is directed to make and furnish annually to the 
 Secretary of Agriculture. 
 
 "Sec. 5. That within sixty days after the approval of this Act the 
 Secretary of Agriculture shall certify to the Secretary of the Treasury and 
 to each Highway department and to the Governor of each state having 
 no State Highway department the sum which he has estimated to be 
 deducted for administering the provisions of this Act and the sum which 
 he has apportioned to each state for the fiscal year ending June 30, 1917, 
 and on or before January 20 next preceding the commencement of each 
 succeeding fiscal year shall make like certificates for such fiscal year. 
 
 "Sec. 6. That any state desiring to avail itself of the benefits of this 
 Act shall, by its State Highway department, submit to the Secretary of 
 
8 REPORT OF STATE HIGHWAY ENGINEER 
 
 Agriculture project statements setting forth proposed construction of any 
 rural post road or roads therein. If the Secretary of Agriculture approve 
 a project, the State Highway department shall furnish to him such sur- 
 veys, plans, specifications and estimates therefor as he may require; pro- 
 vided, however, that the Secretary of Agriculture shall approve only such 
 projects as may be substantial in character, and the expenditure of funds 
 hereby authorized shall be applied only to such improvements. Items 
 included for engineering, inspection and unforeseen contingencies shall not 
 exceed ten per centum of the total estimated cost of the work. If the 
 Secretary of Agriculture approve the plans, specifications and estimates, 
 he shall notify the State Highway department, and immediately certify 
 the fact to the Secretary of the Treasury. The Secretary of the Treasury 
 shall thereupon set aside the share of the United States payable under this 
 Act on account of such project, which shall not exceed fifty per centum 
 of the total estimated cost thereof. No payment of any money apportioned 
 under this Act shall be made on any project until such statement of the 
 project, and the plans, specifications and estimates therefor shall have been 
 submitted to and approved by the' Secretary of Agriculture. 
 
 "When the Secretary of Agriculture shall find that any project so 
 approved by him has been constructed in compliance with said plans and 
 specifications, he shall cause to be paid to the proper authority of said 
 state the amount set aside for said project; provided, that the Secretary 
 of Agriculture may, in his discretion, from time to time make payments on 
 said construction as the same progresses; but these payments, including 
 previous payments, if any, shall not be more than the United States' pro 
 rata part of the value of the labor and materials which have been actually 
 put into said construction in conformity to said plans and specifications; 
 nor shall any such payment be in excess of $10,000.00 per mile exclusive of 
 the cost of bridges of more than twenty feet clear span. The construction 
 work and labor in each state shall be done in accordance with its laws, 
 and under the direct supervision of the State Highway department, sub- 
 ject to the inspection and approval of the Secretary of Agriculture and in 
 accordance with the rules and regulations made pursuant to this Act. 
 
 "The Secretary of Agriculture and the State Highway department of 
 each state may jointly determine at what times, and in what amounts, 
 payments, as work progresses, shall be made under this Act. Such pay- 
 ments shall be made by the Secretary of the Treasury, on warrants drawn 
 by the Secretary of Agriculture, to such official, or officials, or depository, 
 as may be designated by the State Highway department and authorized 
 under the laws of the state to receive public funds of the state or county. 
 
 "Sec. 7. To maintain the roads constructed under the provisions of 
 this Act shall be the duty of the states, or their civil subdivisions, according 
 to the laws of the several states. If at any time the Secretary of Agricul- 
 ture should find that any road in any state constructed under the provisions 
 of this Act is not being properly maintained, he shall give notice of such 
 fact to the Highway department of such state, and if within four months 
 from the receipt of said notice said road has not been put in a proper con- 
 dition of maintenance, then the Secretary of Agriculture shall thereafter 
 refuse to approve any project for road construction in said state, or the 
 civil subdivision thereof, as the fact may be, whose duty it is to maintain 
 said road, until it has been put in a condition of proper maintenance. 
 
REPORT OP STATE HIGHWAY ENGINEER 
 
 "Sec. 8. That there is hereby appropriated and made available until 
 expended, out of any moneys in the national treasury not otherwise 
 appropriated, the sum of $1,000,000.00 for the fiscal year ending June 
 thirtieth, nineteen hundred and seventeen, and each fiscal year thereafter, 
 up to and including the fiscal year ending June thirtieth, nineteen hundred 
 and twenty-six, in all $10,000,000.00, to be available until expended under 
 the supervision of the Secretary of Agriculture, upon request from the 
 proper officers of the state, territory or county for the survey, construc- 
 tion, and maintenance of roads and trails within or only partly within the 
 national forests, when necessary for the use and development of resources 
 upon which communities within and adjacent to the national forests are 
 dependent; provided, that the state, territory or county shall enter into a 
 cooperative agreement with the Secretary of Agriculture for the survey, 
 construction and maintenance of such roads or trails upon a basis equitable 
 to both the state, territory or county, and the United States ; and provided, 
 also, that the aggregate expenditures in any state, territory or county shall 
 not exceed ten per centum of the value, as determined by the Secretary of 
 Agriculture, of the timber and forage resources which are or will be avail- 
 able for income upon the national forest lands within the respective county 
 or counties wherein the roads or trails will be constructed ; and the Secre- 
 tary of Agriculture shall make annual report to Congress of the amounts 
 expended hereunder. 
 
 "That immediately upon the execution of any cooperative agreement 
 hereunder the Secretary of Agriculture shall notify the Secretary of the 
 Treasury of the amount, to be expended by the United States within 
 or adjacent to any national forest thereunder, and beginning with the 
 next fiscal year and each fiscal year thereafter the Secretary of the 
 Treasury shall apply from any and all revenues from such forest ten per 
 centum thereof to reimburse the United States for expenditures made under 
 such agreement until the whole amount advanced under such agreement 
 shall have been returned from the receipts from such national forest. 
 
 "Sec. 9. That out of the appropriations made by or under this Act, the 
 Secretary of Agriculture is authorized to employ such assistants, clerks, and 
 other persons in the City of Washington and elsewhere, to be taken from 
 the eligible lists of the Civil Service Commission, to rent buildings outside 
 of the City of Washington, to purchase such supplies, material, equip- 
 ment, office fixtures, and apparatus, and to incur such travel and other 
 expense as he may deem necessary for carrying out the purposes of this Act. 
 
 "Sec. 10. That the Secretary of Agriculture is authorized to make rules 
 and regulations for carrying out the provisions of this Act. 
 
 "Sec. 11. That this Act shall be in force from the date of its passage. 
 
 "Approved July 11, 1916." And 
 
 Whereas, under the apportionment of the federal fund provided under 
 said Act made by the S'ecretary of Agriculture, there is and will be available 
 during the next five years for the State of Oregon, the sum of $1,180,310.55 
 (see Senate document No. 548, Sixty-fourth Congress, first session), for the 
 construction of rural post roads, under the provision of Section 6 of the 
 above set out Act; and there will also be available during said period of 
 time the sum of $638,970.00 for the construction or maintenance of roads 
 and trails within, or partly within, the national forests in this state, under 
 the provisions of Section 8 of said Act. Now, therefore, 
 
10 REPORT OF STATE HIGHWAY ENGINEER 
 
 Be It Enacted by the People of the State of Oregon : 
 
 Section 1. That the State of Oregon hereby accepts the provisions of 
 said Act and agrees to cooperate with the federal government in carrying 
 out the provisions thereof. 
 
 Section 2. The state board, commissioners, or officers having control of 
 the state highways of the State of Oregon shall, out of the money received 
 in the highway funds of the State of Oregon each year, first set aside a 
 sufficient amount to comply with the terms of said Federal Act, and if there 
 is any deficiency in said highway fund for such purpose then the State 
 Board of Control of the State of Oregon is hereby authorized, empowered 
 and directed each year during the next five years to sell the bonds of the 
 State of Oregon in an amount sufficient to raise enough money which, 
 taken together with any money available from appropriations from other 
 funds of the State of Oregon, if any there be, to equal the amount required 
 of the State of Oregon in order to fully meet the requirements, conditions 
 and provisions of said federal statute, and the federal officials operating 
 under said statute ; provided, however, that such bonds shall not be issued 
 unless necessary to enable the State of Oregon to avail itself of the federal 
 aid as provided hereinabove, or any other aid hereafter furnished by the 
 United States. 
 
 Section 3. The state board, commissioners or officers having control of 
 the state highways in the State of Oregon are hereby authorized, empowered 
 and directed to enter into such contracts, appoint such officers and do any 
 other act or thing necessary to fully meet the requirements of the United 
 States and the officers acting under said federal statute. 
 
 Section 4. The Attorney General shall, under the direction of the State 
 Board of Control, prepare a form of bonds of the state to be sold as above 
 required, which bonds shall be payable at such time and under such con- 
 ditions of refunding and payment as shall be provided by the Board of Con- 
 trol of the State of Oregon, not exceeding, however, twenty years from the 
 date thereof, and shall bear a rate of interest not to exceed four per cent per 
 annum, payable semiannually at the office of the State Treasury of the 
 State of Oregon, and if said board shall so direct, said bonds may also pro- 
 vide for payment at some other place. Said bonds shall be payable in gold 
 coin of the United States of America, of the present value of weight and 
 fineness at the date of issue thereof, and shall be in a form embodying the 
 absolute promise of the State of Oregon to pay the amount of said bonds. 
 Said bonds shall be in such denominations as the State Board shall elect. 
 They shall be signed by the Governor, Secretary of State and State Treas- 
 urer, constituting said board. After the funds, if any, which have been 
 appropriated from the current moneys of the state for the purpose of meet- 
 ing the requirements of this Act have been exhausted, or if no appropriation 
 therefor has been made, then each year said State Board of Control shall 
 sign, date, issue and sell bonds as required to raise funds sufficient to meet 
 the obligation of the State of Oregon in carrying on road construction as 
 provided for in said federal statute. Said bonds shall bear coupons for the 
 interest in the installments in which the same shall become due, upon which 
 shall be printed the facsimile signatures of said officers. Said board may at 
 its option, cause said bonds to be payable to the purchaser thereof and 
 register the same at the office of the State Treasury with an appropriate 
 indorsement upon each of said bonds to the effect that said bonds will be 
 paid only to the owner appearing on the register, and providing a method 
 
REPORT OF STATE HIGHWAY ENGINEER 
 
 for reregistering the same as title to said bonds may be passed ; or it may 
 provide a form of bond payable to bearer and not subject to registration, 
 or either of said bonds as said board may decide. 
 
 Section 5. The Board of Control shall take such steps as it may deem 
 necessary for the advertisement of each issue of bonds before the same 
 are sold ; and the money arising from the sale of each issue of bonds shall 
 be deposited in the State Treasury to the credit of a special fund subject 
 to being paid out in carrying into effect the purposes of the said Federal 
 Act and the purposes of this Act. 
 
 Section 6. Inasmuch as the federal funds are now available for imme- 
 diate use, and if the amount apportioned is not used during the next year 
 the same will revert to the federal fund and will be lost to the state, and 
 inasmuch as climatic conditions are such in this state that road construc- 
 tion must be completed before inclement weather in the fall of the year 
 begins : It is hereby declared that an emergency exists and that it is 
 necessary that this Act take effect immediately after it is passed by the 
 legislature and approved by the Governor and that the same is necessary 
 for the preservation of public peace, health and safety. Therefore this Act 
 shall be in full force and effect from and after it is approved by the 
 Governor. 
 
 CHAPTER 194 
 
 Be It Enacted by the People of the State of Oregon : 
 
 Section 1. That Chapter 174 of the General Laws of Oregon for 1911, 
 as amended by Chapter 135 of the General Laws of Oregon for 1913 and 
 as amended by Chapter 350 of the General Laws of Oregon for 1915, be and 
 the same is hereby amended to read as follows: 
 
 Sec. 1. Definitions. The term "chauffeur" shall mean any person 
 operating a motor vehicle for hire, or as the employe of the owner of a 
 motor vehicle for hire. The term "State" as used in this Act, except where 
 otherwise expressly provided, shall also include the territories and the 
 federal districts of the United States. The term "owner" shall include 
 any person then in the operation of the vehicle and be synonymous for that 
 purpose with chauffeur as to the operation of the same, and shall also 
 include any person, firm or association renting a vehicle or having the 
 exclusive use thereof under lease or otherwise for a period greater than 
 thirty days, and these meanings of the term "owner" shall be in addition 
 to the usual signification of the word. Every moving thing except railroad 
 and street cars upon the streets, roads and highways of this state moved by 
 power shall be a "vehicle" under the terms of this Act. The term "motor 
 vehicle" as used in this Act, except where otherwise expressly provided, 
 shall include all vehicles propelled by any power other than muscular 
 power. The term "manufacturer" and the term "dealer" shall signify any 
 person, firm, association or corporation having in his, its or their possession 
 vehicles for sale and trade and for use and operation pursuant thereto, 
 and shall be considered owners of vehicles manufactured and dealt in by 
 them for the purposes of this Act prior to sale and delivery thereof, and 
 of all vehicles held in their possession and driven by them or their employes. 
 The term "motor truck" shall mean a motor vehicle with a carrying 
 capacity of over one and one-half tons intended and used for the purpose of 
 transporting any commodity, produce or freight. 
 
12 REPORT OP STATE HIGHWAY ENGINEER 
 
 Sec. 2. The laws of the road everywhere in this state are declared to 
 be as specified in the following sections : 
 
 1. Vehicles proceeding in opposite directions shall pass to the right, 
 giving one-half the road to each ; 
 
 2. Vehicles proceeding in the same direction overtake each other by 
 passing to the left ; 
 
 3. The overtaking vehicle shall maintain its speed until clear of the 
 overtaken vehicle, and for such distance thereafter as shall prevent dust 
 and mud throwing upon the overtaken vehicle; 
 
 4. The signal so to pass shall be given by one blast or stroke of the 
 horn, bell, whistle, gong or other signaling device ; 
 
 5. Should the overtaken vehicle then not give way, three such blasts 
 or signals shall be given, and on failure to comply therewith the overtaking 
 vehicle may at the next suitable place safe to both vehicles go by without 
 further signal ; 
 
 6. It shall be the duty of every overtaken vehicle to turn to the right 
 and give one-half of the road to the overtaking vehicle ; 
 
 7. Vehicles approaching an intersecting road, street or highway shall 
 be under control so as to permit the vehicle on the right of the vehicle 
 approaching to first cross the intersecting street, road or highway ; 
 
 8. At all intersections the vehicle approaching the intersection from 
 the right of any other vehicle approaching the intersection shall have the 
 right of way ; 
 
 9. All vehicles approaching an intersection of a street, road or high- 
 way with the intention of turning thereat shall, in turning to the right, 
 keep closely to the right, and in turning to the left, shall run to and beyond 
 the center of the intersection ; 
 
 10. The person in control of any vehicle moving slowly along and upon 
 any street, road or highway shall keep such vehicle as closely as practicable 
 to the right-hand boundary of such street, road or highway, allowing more 
 swiftly moving vehicles reasonably free passage to the left ; 
 
 11. The person in charge of any vehicle in or upon any street, road or 
 highway, before turning, stopping or changing the course of such vehicle, 
 and before turning such vehicle when starting the same, shall first see 
 that there is sufficient space for such movement to be made in safety, and 
 if the movement or operation of other vehicles may reasonably be affected 
 by such turning, stopping or changing of course, shall give plainly visible 
 or audible signal to the person operating, driving or in charge of such 
 vehicles of his intention so to turn, stop or change his course ; 
 
 12. In passing and overtaking, such assistance shall be given by the 
 occupants of each vehicle respectively to the other as circumstances shall 
 demand and either request, and each of them exercise due care and caution 
 to get clearance and avoid accidents. Every person having control of any 
 motor vehicle, whenever upon any street, road or highway and approaching 
 any vehicle drawn by horse or horses or any horse upon which any person 
 is riding, shall operate, manage and control such motor vehicle in such 
 manner as to exercise reasonable precaution to prevent frightening of any 
 such horse or horses, and to insure the safety and protection of any person 
 riding or driving the same. And if such horse or horses appear frightened 
 the person in control of such motor vehicle shall reduce its speed, and, if 
 requested by signal or otherwise by the driver or rider of such horse or 
 horses, shall not proceed further toward such animal unless such movement 
 
REPORT OF STATE HIGHWAY ENGINEER 
 
 be necessary to avoid accident or injury, or until such animal appears to 
 be under control of its rider or driver ; 
 
 13. In passing railroad or street cars operated in any city, town or 
 village in this state, vehicles shall be operated upon that side of said street 
 or railroad car with due care and caution that the safety of passengers 
 boarding or alighting from such street or railroad car shall be fully pro- 
 tected and for that purpose said vehicle shall be brought to a stop, if 
 necessary, but upon the other or left side of said street or railroad car, 
 should there be a clear passage, said vehicle shall be permitted to so 
 increase its speed for the necessary distance to negotiate a safe clearance 
 between said street or railroad car and said vehicle so desiring to pass, and 
 the rate of speed requisite and necessary so to do shall not be deemed an 
 excessive rate of speed, having due regard to the speed of said railroad 
 or street car; 
 
 14. In parades, at theaters and all other occasions and places where 
 traffic is congested, vehicles shall be operated with due care and caution, 
 and jockeying vehicles or running by for position is prohibited by this Act. 
 Every vehicle, upon embarking and discharging its load, shall immediately 
 move out and away from the congested area, and the next vehicle shall 
 follow the same ; 
 
 15. Every vehicle shall be kept upon the right half of the road, street 
 or highway traveled and no vehicle shall overtake and pass any other 
 when the view ahead is not clear for at least one hundred yards; 
 
 16. Every motor vehicle, when moving in defiles, canyons or mountain 
 passes where curvature of the road or highway prevents a clear view for a 
 distance of one hundred yards, shall be held under control and not per- 
 mitted to coast, and shall in approaching all curves give signals with fre- 
 quent blasts or strokes of horn, bell, whistle, gong, or other signaling 
 device of its approach, and upon all curves to the right shall keep to the 
 inside of said curves, and upon all curves to the left shall keep to the 
 outside of said curves ; 
 
 17. No race or contest for speed shall be held upon any road, street 
 or highway in this state without the permission of the authorities of this 
 state, county or city having jurisdiction of said road, street or highway, 
 and unless the same is fully and efficiently patrolled for the entire dis- 
 tance over which said race or contest for speed is to be held ; 
 
 18. Every vehicle shall be run at a rate of speed at no time greater 
 than is reasonable and proper having due regard to the safety of the public, 
 the traffic and use of the road, street or highway then being traveled ; 
 
 19. The rate of speed on all roads, streets and highways of this state 
 shall be a reasonable speed, up to and not exceeding twenty-five miles an 
 hour, but any speed in excess of twenty-five miles an hour upon any road, 
 street or highway of this state shall be an unreasonable speed and is pro- 
 hibited by this Act ; provided, however, that no motor vehicle shall be 
 driven at a rate faster than eight miles an hour upon the country roads 
 or highways of this state when within one hundred yards of any vehicle 
 drawn by horse or horses ; 
 
 20. Upon all narrow ways in parks, passes and defiles not otherwise 
 herein provided for, all vehicles shall proceed in one direction only as the 
 signboards and conspicuously displayed regulations upon such narrow ways 
 in parks, passes and defiles so located shall then define. The direction in 
 which all vehicles shall so proceed may be declared by park commissioners 
 
REPORT OF STATE HIGHWAY ENGINEER 
 
 in parks and by the county commissioners with respect to narrow passes 
 and defiles within their respective jurisdiction ; and when so declared shall 
 be so conspicuously marked with signs as to indicate the rule and regula- 
 tion in regard thereto and the direction in which all vehicles shall so 
 travel ; 
 
 21. No vehicle shall be moved, run or operated on the roads, streets or 
 highways of this state by any person unable or incapable to control and 
 properly operate the same with due regard to the safety of the public and 
 other vehicles ; provided, that in all cases any person in a state of intoxica- 
 tion is deemed conclusively incapable and unable to control and operate 
 the same; 
 
 22. No vehicle used upon the streets, roads or highways of this state 
 shall be left standing unsecured, and howsoever it may be moved its motive 
 power shall be so secured that the same can not operate or move the 
 vehicle without some action upon the part of the owner or operator 
 so to do; 
 
 23. No vehicle shall be operated with an excessive smoking exhaust 
 upon any road, street or highway in this state ; 
 
 24. Ambulances, while being operated as such, and vehicles for the 
 use of doctors, physicians and surgeons, shall while answering emergency 
 calls only, be exempt from the provisions of this Act as to speed but not 
 traffic regulations, where preference for right of way can be given them 
 with due regard to the safety of the public; provided, that each of the 
 same shall bear a red cross conspicuously placed ; 
 
 25. Patrol wagons, police ambulances, fire patrols, fire engines and 
 fire apparatus shall in all cases, with due regard to the safety of the 
 public, have right of way, all provisions of this Act to the contrary not- 
 withstanding, but this Act shall not protect the driver of any such vehicle 
 from consequence in the arbitrary exercise of this right or for injuries 
 wilfully inflicted ; 
 
 26. In all localities where an authorized officer, marshal, constable or 
 policeman, conspicuously displaying his star and then discharging the duty 
 of regulating and directing traffic in his locality, shall signal any vehicle 
 to take any direction or to stop or otherwise proceed for the safety of the 
 public, it shall be the duty of the driver of such vehicle to obey said direc- 
 tion and to comply with the orders of said authorized officer in that behalf ; 
 
 27. Should any pedestrian or other object, through want of care or 
 other cause, come in contact with a moving vehicle in the roads, streets 
 or highways of this state, it shall be the duty of such vehicle to stop and 
 of the owner or operator thereof to ascertain the name of the person or 
 object and to render such aid and assistance as may be required, and in 
 case of collision or other accident to render like assistance to the colliding 
 vehicle or vehicle struck, as the case may be, and to the occupants thereof 
 as may be necessary, taking the name of the vehicle, its number, the time, 
 the place and other data concerning the accident or event, with the names 
 of witnesses present, and likewise giving his own name and number for 
 identification. Each and all of said information, however, shall not be 
 construed or determined as fixing liability in either case for fault or negli- 
 gence of either party, but shall be a means of identification of the facts and 
 circumstances only ; and neither party to a collision or consequence result- 
 ing from a mistake in judgment or arising from accident shall move away 
 from the place of its occurrence without complying with this section, and 
 
REPORT OP STATE HIGHWAY ENGINEER 15 
 
 if this complying with this section, however, is not done it shall be a viola- 
 tion of this Act and punished accordingly as herein provided, and in civil 
 action for damages, as in this Act elsewhere provided, shall be construed 
 as an evidence of fault. 
 
 Sec. 3. Registration of Vehicles Pleasure, Commercial and Demon- 
 stration Cars. Every owner of a motor vehicle which shall be driven in 
 this state, except as otherwise provided herein, shall after he becomes the 
 owner thereof, cause to be filed by mail or otherwise in the office of the 
 Secretary of State, an application duly signed by such owner for registra- 
 tion on a blank or blanks to be furnished by the Secretary of State for the 
 purpose, containing (1) the name, residence and business address of the 
 owner of such motor vehicle and the name of the county in which he 
 resides ; (2) a brief description of the motor vehicle to be registered, includ- 
 ing the name of the manufacturer, style, type and engine number of such 
 motor vehicle, the capacity, if a motor truck, the character of the power 
 and the number and diameter of the cylinders ; provided, that every 
 person, firm, association or corporation manufacturing or dealing in motor 
 vehicles for the purpose of sale or exchange, instead of registering each 
 motor vehicle so manufactured or dealt in, may make an application upon 
 a blank to be furnished by the Secretary of State for a general distinctive 
 number for all motor vehicles owned or controlled by such manufacturer 
 or dealer for the purpose of sale or exchange, such application to contain 
 (a) a brief description of each style or type of motor vehicle manufactured 
 or dealt in by such manufacturer or dealer, including the character of the 
 motor power, and (b) the name and business address, including the county, 
 of such manufacturer or dealer. Upon the receipt of such application in 
 due form and the payment of the registration fee of ten dollars, the Secre- 
 tary of State shall cause the same to be filed in his office in the manner 
 provided in this Act. There shall thereupon be assigned and issued to such 
 manufacturer or dealer, a general distinctive number, and delivered to such 
 manufacturer or dealer, at a place within the State of Oregon to be desig- 
 nated by him in his application, a certificate of registration in such form 
 as the Secretary of State shall prescribe, and duplicate number plates with 
 a number corresponding to the number of such certificate of registration. 
 Such number plates shall be displayed in the manner provided in this Act, 
 by every motor vehicle of such manufacturer or dealer when the same is 
 operated or driven upon any road, street or highway of this state. Such 
 manufacturer or dealer may obtain as many duplicate sets of number plates 
 of such number so assigned to him hereunder as may be desired upon the 
 filing of a formal application therefor with the Secretary of State and the 
 payment of $2.50 for each additional duplicate set. No plate or sign shall 
 be used other than those furnished by the Secretary of State. Nothing 
 in this section shall be construed to apply to a motor vehicle operated by 
 a manufacturer or dealer for private use or hire. 
 
 Sec. 4. Registration Record and Index Book. Upon receipt of an 
 application for registration of a motor vehicle the Secretary of State shall 
 file such application in his office and register such motor vehicle and the 
 facts stated in such application in a record book and index to be kept for 
 the purpose under the distinctive number assigned to such motor vehicle 
 by the Secretary of State, which record book and index shall be a public 
 record and open to inspection by the public during reasonable office hours. 
 
16 REPORT OP STATE HIGHWAY ENGINEER 
 
 Sec. 5. Number Plates. Upon the filing of such application and the 
 payment of the license fee herein provided for, the Secretary of State 
 shall assign to the motor vehicle a distinctive duplicate number and, with- 
 out expense to the applicant, issue and deliver to the owner two number 
 plates, rear and front, described in this Act. The number plates assigned 
 as herein provided shall be and remain with the motor vehicle for the 
 period of registration mentioned in the application therefor ; provided, how- 
 ever, that in the event of the loss, mutilation or destruction of a number 
 plate or plates the owner of a registered vehicle may obtain from the 
 Secretary of State a duplicate or duplicates thereof upon filing in the 
 office of the Secretary of State an affidavit showing the fact and the 
 payment of a fee of one dollar. 
 
 Sec. 6. The Secretary of State shall during the month of February of 
 each year furnish to the county clerk and assessor of each county, and, 
 upon request, to the various police officers throughout the state having 
 jurisdiction of the enforcement of this Act, a complete list to February 
 first, and thereafter monthly an additional list of the registrations and 
 transfers mentioned in this Act, including the name and address of the 
 owner or chauffeur, the name and business address of the manufacturer 
 or dealer, the distinctive number assigned to each, and a brief description 
 of each car registered. The distribution of said lists shall be confined to 
 the officers mentioned in this section, and the said lists furnished to said 
 county clerks to be filed in their respective offices and subject to inspection 
 during office hours. 
 
 Sec. 7. Reregistration Annually. All registrations under this Act shall 
 expire on December thirty-first of each year and shall be renewed annually 
 in the same manner and upon the payment of the same fee as provided in 
 this Act for original registration, such renewal to take effect on the first 
 day of January of each year. 
 
 Sec. 8. Sale and Transfer. Upon the purchase of a motor vehicle 
 registered in accordance with this Act, the title of the number plates shall 
 vest in the vendee, and said vendee shall within five days after the date 
 of purchase notify the Secretary of State, stating his name and business 
 address, the name of the vendor, the license or registration number and the 
 engine number under which such motor vehicle is registered, upon the 
 receipt of which information the Secretary of State shall transfer the said 
 license or registration number to said vendee. A fee of one dollar shall be 
 paid to the Secretary of State for each transfer, which transfer he shall 
 file in his office and note upon the registration book or index. No sale 
 or transfer of any motor vehicle registered under this Act shall be valid 
 without compliance with the provisions of this section. 
 
 Sec. 9. Distinctive Number on Vehicles. No person shall operate or 
 drive a motor vehicle upon the roads, streets or highways of this state, 
 unless such vehicle shall have the number plates assigned to it by the 
 Secretary of State conspicuously displayed on the front and rear of such 
 vehicle in plain view and so as to be easily read by the public ; and it shall 
 be unlawful to display more than one registration number upon the front 
 or rear of any vehicle, or any number which does not entitle the holder 
 thereof to operate such vehicle upon the public highways of this state. 
 
 Sec. 10. Change of Color of Number Plates Annually. Such number 
 plates shall be of a distinctly different color or shade for each year, to be 
 designated and selected by the Secretary of State, and there shall be at 
 
REPORT OF STATE HIGHWAY ENGINEER 17 
 
 all times a marked contrast between the color of the number plates and 
 that of the numerals or letters thereon. 
 
 Sec. 11. Form of Number Plates. Such number plates shall be enameled 
 metal, four and one-half inches wide and not more than thirteen inches in 
 
 O 
 length, in the left-hand end of which shall be the abbreviation R in letters 
 
 E 
 
 set one above the other as here shown, each of said letters to be not more 
 than one inch long, and to the right thereof there shall be the distinctive 
 number assigned to the vehicle set forth in numerals three inches long, 
 each stroke of which shall be at least one-half inch in width, and to the 
 right of such number the year for which said license is issued set in 
 numerals one above the other in figures not to exceed one inch in length. 
 
 Sec. 12 Equipment, (a) Every motor vehicle shall be provided with 
 adequate brakes sufficient to control the vehicle at all timtes, and a suitable 
 bell, horn, whistle or other signaling device, and (b) shall during the period 
 from one hour after sunset to one hour before sunrise, display at least two 
 white lamps on the front and one red light on the rear of such vehicle. 
 Said rear lamp shall show a white light across the rear of the vehicle. 
 The white rays of such rear lamp shall shine upon the number plate carried 
 on the rear of such vehicle. The light of v the front lamps shall be visible 
 at least two hundred feet in the direction in which the vehicle is proceed- 
 ing ; provided, that motor bicycles or motorcycles and all vehicles other 
 than motor cars shall be required to display but one lighted lamp, such 
 lamp to be placed on the front of the vehicle so that it shall be visible 
 at least one hundred feet in the direction in which the vehicle is proceed- 
 ing, and show red light to the rear, (c) When the convenience or safety 
 of the use of any public highway demands, the front lights of every motor 
 vehicle shall be dimmed so as to prevent any glare therefrom, or shall be 
 so directed that the center rays thereof shall strike the ground at a distance 
 not to exceed seventy-five feet in front of such vehicle ; provided, that 
 nothing in this subdivision shall be construed to render inoperative the 
 provisions of subdivision (b) of this section relative to the plain visibility 
 of such lights in the direction in which such vehicle is proceeding. 
 
 Sec. 13. Other than on vehicles actually engaged at the time in con- 
 struction or repair work on roads or highways, no tire on any motor vehicles 
 or any other vehicles shall have on its periphery any block, stud, cleat, bead 
 or any other protuberance of metal which projects more than one-fourth 
 of an inch beyond the tread or traction surface of the tire; but this sec- 
 tion shall not be so construed as to prohibit the use of tire chains of reason- 
 able proportions on motor vehicles when required for safety because of 
 snow, ice or other conditions tending to cause such vehicles to slide or skid, 
 nor as to prevent the use of traction engines with cleats on the driving 
 wheels thereof on dirt or unimproved roads. 
 
 Sec. 14. No person shall throw or deposit any glass bottle, glass, nails, 
 tacks, hoops, wire, cans or any other substance likely to injure any person, 
 animal or vehicle upon any road, street or highway of this state. 
 
 Sec. 15. No person shall, individually or in association with one or 
 more others, wilfully break, injure, tamper with or remove any part or 
 parts of any motor vehicle, for the purpose of injuring, defacing or destroy- 
 ing such vehicle, or temporarily or permanently preventing its useful opera- 
 tion for any purpose against the will or without the consent of the owner 
 
18 REPORT OF STATE HIGHWAY ENGINEER 
 
 of such motor vehicle, or in any other manner wilfully or maliciously inter- 
 fere with or prevent the running of such motor vehicle or the operation 
 of the same. 
 
 Sec. 16. No person, except an authorized officer, marshal, constable or 
 policeman, shall, without the consent of the owner or person lawfully in 
 charge of a motor vehicle, climb upon or into such motor vehicle, whether 
 the same be at rest or in motion ; or, while such motor vehicle is at rest 
 or unattended, attempt to manipulate any of the levers, the starting crank 
 or other device, brakes or mechanism, or to set said vehicle in motion. 
 
 Sec. 17. Registration of Chauffeurs. Every person hereafter desiring 
 to operate a motor vehicle as chauffeur shall file in the office of the 
 Secretary of State an application under oath for registration on a blank 
 form to be furnished by the Secretary of State for that purpose, containing : 
 
 (1) The name and residence address of the applicant, and that he is over 
 the age of eighteen years and is physically and mentally competent to 
 operate a vehicle and possesses the qualifications required by this Act; 
 
 (2) whether or not the applicant has been previously convicted of a 
 violation involving moral turpitude or any of the provisions of this or 
 any other vehicle law or traffic regulation, giving the date and place of 
 such conviction and the provision or provisions of the law or ordinance 
 violated; and therewith shall pay a registration fee of two dollars ($2.00), 
 but for all licenses for that year issued after August first in any registra- 
 tion year but one-half said fee provided in this section shall be paid. 
 
 Sec. 18. Reregistration Annually. Such registration shall be renewed 
 annually in the same manner and upon the payment of the same fee and 
 hold good until December thirty-first each year, each renewal to take 
 effect on the first day of January of the following year. 
 
 Sec. 19. Chauffeur's Registration Book. Upon receipt of such applica- 
 tion, the Secretary of State shall thereupon file the same in his office, 
 assign the applicant a number and register him in a book or index for the 
 registration of motor vehicles. 
 
 Sec. 20. Chauffeur's Badge. The Secretary of State shall forthwith 
 upon registering such chauffeur, and without other fee, issue and deliver 
 to him a badge of aluminum or other suitable metal, which shall be in 
 such form or shape as the Secretary of State may determine, and upon 
 which shall be stamped the words "Registered Chauffeur Number , State 
 of Oregon," with the number and date of expiration inserted therein. 
 This badge shall thereafter be worn by such chauffeur pinned upon his 
 clothing in a conspicuous place at all times while he is operating a vehicle 
 upon the public highways of this state. In the event of the loss, mutila- 
 tion or destruction of a chauffeur's badge, such chauffeur may obtain from 
 the Secretary of State a duplicate thereof upon filing in the office of the 
 Secretary of State an affidavit showing the fact and the payment of a fee 
 of one dollar. 
 
 Sec. 21. Change of Form or Shape of Chauffeur's Badge Annually. 
 Such badge shall be of a distinctly different shape or form for each year, 
 to be designated and selected by the Secretary of State. 
 
 Sec. 22. Fictitious Badge. No chauffeur having registered as herein- 
 before provided shall voluntarily permit any other person to wear his 
 badge; nor shall any person while operating a vehicle wear a chauffeur's 
 badge belonging to another person, or a fictitious chauffeur's badge. 
 
 Sec. 23. Unregistered Chauffers Can Not Drive Vehicles. No per- 
 
REPORT OF STATE HIGHWAY ENGINEER 19 
 
 son shall operate or drive a motor vehicle as chauffeur upon the public 
 highways of this state after this Act takes effect, unless such person shall 
 have complied in all respects with its requirements ; provided, however, 
 that a nonresident chauffeur who has registered under the provisions of 
 the law of the state of his residence which are substantially similar to the 
 provisions of this Act shall be exempt from registration under this Act ; 
 provided further, he shall wear the badge assigned to him in the state of 
 his residence in the manner provided in this Act. 
 
 Sec. 24. Revocation and Suspension of License and Registration. The 
 Secretary of State may suspend or revoke any certificate of registration 
 or any license to any chauffeur under the provisions of this Act upon a 
 due and regular hearing for any cause which he may deem sufficient, and 
 may suspend such license or registration and order the same delivered 
 up without a hearing whenever he shall be of the opinion that the holder 
 thereof is an improper or incompetent person or physically or mentally 
 incompetent to operate a motor vehicle, or the vehicle of which said regis- 
 tration then appears of record is improperly, inefficiently or inadequately 
 equipped to be operated safely, and in either of said cases to be governed 
 by the safety of the public, and not to exercise this authority in an 
 arbitrary manner, and neither certificate of registration nor license as to 
 motor vehicle or chauffeur shall be reissued unless upon examination or 
 investigation after hearing he determines that the chauffeur or motor 
 vehicle should again be permitted to operate. 
 
 Sec. 25. Nonresident Owners. All motor vehicles owned and operated 
 by nonresidents of this state who shall have complied with the provisions 
 of the laws of the state of their residence relative to such vehicles therein 
 are relieved for a period of thirty days from compliance with the terms 
 of this Act during a thirty-day sojourn in this state ; provided, that all 
 such vehicles shall conspicuously display the state number thereon of the 
 state from which they come; but this exemption shall not apply to motor 
 vehicles of nonresident corporations doing business in this state, nor exempt 
 nonresident corporations. 
 
 Sec. 26. No person under fifteen years of age shall operate or drive 
 a motor vehicle upon any road, street or highway of this state unless such 
 person is accompanied by his or her parent or guardian or by the owner 
 of such motor vehicle. 
 
 Sec. 27. Registration Fees. The following fees shall be paid to the 
 Secretary of State upon the registration or reregistration of a motor 
 vehicle in accordance with the provisions of this Act; provided, that for 
 any registration made after August first of any year, but one-half of said 
 fees shall be paid : 
 
 Motorcycles and motor bicycles $ 3.00 
 
 Electric vehicles for pleasure _ 6.00 
 
 Electric service vehicles 10.00 
 
 All steam, gasoline and other hydrocarbon operated vehicles, except 
 
 motor trucks, for whatsoever use up to twenty-six horsepower 6.00 
 
 In excess of twenty-six horsepower and inclusive of thirty-six horse- 
 power 10.00 
 
 In excess of thirty-six horsepower and inclusive of forty horsepower 15.00 
 
 In excess of forty horsepower 20.00 
 
 On all motor trucks the following rates shall be paid : 
 
 Over one and one-half tons and under two tons 15.00 
 
 Two tons and under two and one-half tons 18.00 
 
 Two and one-half tons and under three tons 21.00 
 
 Three tons and under three and one-half tons 24.00 
 
 Three and one-half tons and under four tons 27.00 
 
 Four tons and not over five tons 30.00 
 
 Five tons and over (see Sec. 28) 5.00 
 
20 REPORT OF STATE HIGHWAY ENGINEER 
 
 All horsepower ratings herein specified for the purpose of determining 
 the registration fees herein enumerated shall be based upon Haskell's 
 Horsepower Formula for Steam Vehicles and upon the formula of the 
 Associated Licensed Automobile Manufacturers for Gasoline Vehicles. And 
 in case of doubt where the Secretary of State is unable from either of said 
 formulas to determine the acual rated horsepower of any such motor 
 vehicle, it shall take the rate of the next class of motor vehicle to which 
 its horsepower approximates, that it may pay a fair and uniform registra- 
 tion fee of all such other vehicles upon its horsepower. 
 
 Sec. 28. No motor truck of over five tons' capacity shall be driven or 
 operated on or upon any road or highway of this state except with the 
 consent of and upon a permit . issued by the county court of the county 
 wherein such truck is sought to be driven or operated. Such permit 
 shall be issued in the discretion of the county court upon a written petition 
 setting forth the necessity therefor, and such permit when issued shall 
 specify the period for which issued, the business in which said truck is 
 to operate thereunder, the restrictions imposed upon such operation, and 
 the specific roads or highways over which same is allowed to be driven 
 or operated. The county court shall before issuing any such permit collect 
 a fee therefor of not less than eight dollars per month. All sums so 
 received under this section shall be paid to the county treasurer of the 
 county wherein such permit is issued, and by him paid into the geperal 
 road fund of such county. 
 
 Sec. 29. Penalties. Any person violating any of the provisions of this 
 Act, and who shall be convicted thereof, or who shall plead guilty to any 
 complaint for the violation thereof, shall be punished by a fine of not 
 exceeding fifty dollars and costs of prosecution, or if such fine be not paid, 
 then by imprisonment in the county jail for not exceeding twenty-five days ; 
 for the second offense he shall be punished by a fine not exceeding one 
 hundred dollars and costs of prosecution, or if such fine be not paid, then 
 by imprisonment in the county jail for not exceeding fifty days; and for 
 a third or any subsequent offense he shall be punished by a fine not exceed- 
 ing one hundred fifty dollars and costs of prosecution, or by imprisonment 
 in the county jail for a period not exceeding seventy-five days, or by both 
 such fine and imprisonment. The term "county jail" as referred to in 
 this section, shall be construed to mean the county jail of any county where 
 the violation of any of the provisions of this Act shall occur. 
 
 Sec. 30. Every person who takes or uses without authority any vehicle 
 without intent to steal the same, or who shall be a party to any such unau- 
 thorized taking or using, upon conviction thereof, shall be punished by 
 imprisonment in the state prison for not more than two years, or by a fine 
 of not more than five hundred dollars ; provided, that in case of first offense 
 the court may in its discretion reduce the punishment to imprisonment in 
 the county jail for not more than six months, or a fine of not more than 
 two hundred dollars ; provided further, that the provisions of this Act 
 shall be construed to apply to any person or persons employed by the 
 owner of said vehicle or anyone else, who, by the nature of his employment, 
 shall have the charge of or the authority to drive said vehicle if said 
 vehicle is driven or used without the owner's knowledge or consent, and 
 when so driven the owner thereof shall not be responsible. 
 
 Sec. 31. Local authorities shall have no power to pass, enforce or main- 
 tain any ordinance, rule or regulation, (1) requiring of any owner or oper- 
 
REPORT OP STATE HIGHWAY ENGINEER 21 
 
 ator of a vehicle any license fee or permit to use the public highways, or 
 excluding or prohibiting any vehicle whose owner has complied with this 
 Act from the free use of streets, roads and highways of this state, except 
 such driveway, speedway or road as has been or may be expressly set 
 apart by law for the exclusive use of horses and light carriages, or except 
 as herein provided; (2) affecting a slower rate of speed than herein 
 specified at which such vehicle may be operated, or the use of the roads, 
 streets and highways of this state, contrary to or inconsistent with the 
 provisions of this Act ; and all such ordinances, rules and regulations now 
 in force are hereby declared to be of no validity or effect ; provided, how- 
 ever, that the local authorities may limit by ordinance, rule or regulation 
 hereafter adopted, the speed of vehicles on the streets within their respec- 
 tive corporate limits, on condition that such ordinance, rule or regulation 
 shall also fix the speed limitation for all vehicles, not to be in any case less 
 than one mile in six minutes, and on further condition that local authorities 
 shall also have placed conspicuously on each main street, road or highway 
 of this state w r here the boundary of such local authority crosses the same 
 and on every main street where the rate of speed changes, signs of suffi- 
 cient size to be easily readable by persons using the same, bearing the 
 
 words "Slow down to miles" (the rate being inserted), and with 
 
 an arrow pointing in the direction where the speed is to be reduced or 
 changed ; and provided further, that such ordinance, rule or regulation 
 shall fix the penalties for violation thereof, similar to and no greater than 
 those prescribed in this Act for violation of speed limitation by vehicles; 
 and provided further, that on any portion of any road, street or highway, 
 where, on account of sharp curvature or other causes, it is deemed unsafe 
 for vehicles to operate at the maximum speed allowed in this Act, or to 
 be parked on such portion of said highw r ay, the county court or other 
 jurisdictional body may regulate such speed or parking privilege, by ordi- 
 nance, rule, or regulation hereafter adopted, on condition that said ordi- 
 nance, rule or regulation shall regulate all vehicles alike, said speed limit 
 not to be in any case less than one mile in six minutes, and on further con- 
 dition that said jurisdictional body shall cause to be posted at either end 
 of such portion of said highway, signs of sufficient size to be easily read- 
 able, setting forth the speed and parking privileges allowed, and stating 
 by whose order said regulations are made, and thereafter any violations 
 of said order shall be deemed unlawful and shall be punishable as set out 
 in Section 29 of this Act; and provided further, that nothing in this Act 
 contained shall be construed as limiting the power of local authorities to 
 make, enforce and maintain further ordinances, rules and regulations 
 affecting vehicles which are used to carry the public for hire. 
 
 Sec. 32. All police judges or recorders of any city or town, or justice 
 of the peace, or district judges, of the county, shall have jurisdiction of 
 all violations of the provision [s] of this Act, excepting Section 30 hereof, 
 committed within their respective city, town or county. 
 
 Sec. 33. Any police officer of any city, any marshal, deputy marshal 
 or watchman of any incorporated village, or any sheriff or deputy sheriff 
 of any county, or any constable of any township, shall have full power and 
 authority within the limits of their jurisdiction to arrest any person known 
 personally to any such officer, to have violated any of the provisions of 
 this Act, and to immediately bring such offender before any magistrate 
 having jurisdiction, and any such person so arrested shall have the right to 
 
22 REPORT OF STATE HIGHWAY ENGINEER 
 
 an immediate trial and all other rights given to any person arrested for 
 having committed a misdemeanor; and if such hearing can not then be 
 had, be released from custody on giving his personal undertaking to appear 
 in answer to such violation at such time and place as shall then be indi- 
 cated, secured by the deposit of a sum equal to the maximum charged, or 
 in lieu thereof by leaving the vehicle being operated by such person with 
 such officer ; or in case such officer be not accessible, be forthwith released 
 from custody on giving his name and address to the officer making such 
 arrest and depositing with such officer a sum equal to the maximum fine 
 for the offense for which such arrest is made, or in lieu thereof by leaving 
 the vehicle being operated by such person with such officer ; provided, that 
 in such case the officer making such arrest shall give a receipt in writing 
 for such sum or vehicle and notify such person to appear before the most 
 accessible magistrate, naming him, on that or the following day, 
 specifying the place and hour. In case security shall be deposited as in this 
 section provided, it shall be returned to the person forthwith on such 
 person being admitted to bail. 
 
 Sec. 34. Certifying Convictions to the Secretary of State. Upon the 
 conviction of any person for violation of any of the provisions of this Act, 
 the magistrate or other judicial officer before whom the proceedings are 
 held shall immediately certify the facts of the case, including the name and 
 address of the offender, the character of the punishment and the amount 
 of any fine imposed and paid, to the Secretary of State, who shall enter 
 the same either in the book or index of registered chauffeurs, as the case 
 may be, opposite the name of the person so convicted, and in the case of 
 any other person in a book or index of offenders to be kept for such pur- 
 pose in alphabetical order. The Secretary of State shall send notices of all 
 convictions for violations of this Act, with the names and addresses of the 
 persons convicted and the judgments of the court on such convictions, to 
 the county clerk of every county in this state, who shall enter the same 
 on the list of registered vehicles or registered chauffeurs, as the case may 
 be, opposite the name of the person convicted, or on a list of other offenders, 
 which he shall maintain in his office as a public record in the same manner 
 as the lists of registered vehicles and chauffeurs, and on due application, 
 furnish copies of such lists to the magistrates or other judical officers of 
 his county before whom violations of the provisions of this Act are triable. 
 If any such conviction shall be reversed upon appeal therefrom, the person 
 whose conviction has been so reversed may serve on the Secretary of State 
 a certified copy of the order of reversal, whereupon the Secretary of State 
 shall enter the same in the proper book or index in connection with the 
 record of such conviction, and shall also notify each county clerk of the 
 same. 
 
 Sec. 35. All fines, penalties or forfeitures collected for violations of 
 any of the provisions of this Act shall be paid over by the judge, magistrate 
 or other judicial officer collecting the same to the county treasurer of the 
 county in which such violation was committed, and all moneys paid to 
 the county treasurer pursuant to the provisions of this section shall be 
 appropriated and paid into the general road fund of the county. 
 
 Sec. 36. All fees paid to the Secretary of State, as provided in this 
 Act, shall be turned over to the State Treasurer and applied to a fund which 
 shall be known as "The Motor Vehicle Fund." 
 
 Sec. 37. The Secretary of State shall purchase the necessary station- 
 
REPORT OP STATE HIGHWAY ENGINEER 23 
 
 ery, books, number plates, 'badges, postage, and provide for the printing 
 and other necessary incidental expenses and the employment of the neces- 
 sary clerical aid to fully carry out the objects and purposes of this Act; 
 and the Secretary of State is hereby directed to draw his warrant for any 
 of said claims against "The Motor Vehicle Fund" and the State Treasurer 
 is hereby directed to pay the same out of said fund. 
 
 Sec. 38. Any sum of money or balance that shall be or remain in "The 
 Motor Vehicle Fund" on the thirty-first day of December of each year 
 after the payment of the claims of said year under the provisions hereof, 
 shall be remitted and transferred by the Secretary of State to the county 
 treasurers of the various counties of the State of Oregon in proportion 
 to the amount of such fund which shall have been received from, each 
 county for licenses, and all moneys so returned to and remitted to such 
 county treasurers by the State Treasurer shall be appropriated and paid 
 into and be and become a part of the general road fund of such county; 
 provided, however, that if the State of Oregon shall accept the benefits 
 of the Act passed by the Sixty-fourth Congress of the United States, 
 entitled "An Act to provide that the United States shall aid the states in 
 the construction of rural post roads, and for other purposes," according to 
 the terms thereof,' any such sum of money or balance that shall be or 
 remain in "The Motor Vehicle Fund" on the thirty-first day of December 
 of each year while an Act accepting such Act of Congress shall be in 
 force, shall be used for the purposes thereof, and the Secretary of State 
 is hereby directed to pay over said sum or balance to such board, commis- 
 sion or person provided for or created, and in such manner as the Act 
 accepting such benefits . shall provide. 
 
 Sec. 39. This Act shall be known as the "Oregon Motor Vehicle Law" 
 and shall take effect on the first day of August, 1917. 
 
 Sec. 40. The purpose, object and intent of this Act is to provide a 
 comprehensive system for the regulation of all motor and other vehicles 
 in this state, except that nothing herein contained shall be deemed to apply 
 to traction engines, road rollers, fire wagons and fire engines. 
 
 Sec. 41. Section 6359 of Lord's Oregon Laws and all Acts and parts 
 of Acts upon the regulation of motor vehicles and drivers and operators 
 thereof, in conflict herewith, are each and every one of them hereby 
 expressly repealed. 
 
 Sec. 42. The provisions in this Act contained are declared to be an 
 exercise of the police powers of the State of Oregon. 
 
 CHAPTER 221 
 
 Be It Enacted by the People of the State of Oregon : 
 
 Section 1. As soon after the taking effect of this Act as practicable 
 the State Highway Commission shall adopt standard specifications for lay- 
 ing and constructing the several kinds of hard surface pavements which 
 the Commission deems suited and adapted to the needs of the state includ- 
 ing asphaltic concrete pavement and hydraulic concrete pavement and none 
 of which specifications shall infringe any patented pavement or pave- 
 ments ; and the State Highway Commission thereupon shall furnish copies 
 of all such specifications to each county court or board of county com- 
 
24 REPORT OF STATE HIGHWAY ENGINEER 
 
 missioners in the state. All such specifications shall provide the quantity 
 and proportions of the several materials and ingredients composing each 
 of such pavements and the kind, quality and standard of the materials and 
 ingredients therein and the manner of determining and testing such mate- 
 rials and ingredients for quality and standard and shall provide the man- 
 ner of laying and constructing the pavement and mixing and preparing the 
 materials and ingredients thereof, all in conformity with the best approved 
 engineering practices to the end that the public body charged with the 
 responsibility of improving any highway with any such pavement may 
 secure the construction of highways in strict compliance with the specifica- 
 tions under which the work may be done. 
 
 Sec. 2. Whenever it is proposed to improve any road or highway with 
 a hard surface pavement including asphaltic concrete pavement and 
 hydraulic concrete pavement, the State Highway Commission, the county 
 court, or board of county commissioners as the case may be, shall invite 
 bids and proposals in the manner now provided by law for making such 
 improvement upon specifications adopted by the State Highway Commis- 
 sion and shall let the contract for making such improvement to the lowest 
 responsible bidder upon the specifications set forth or referred to in the 
 notice and advertisement for proposals and bids except as provided in 
 Sections 3 and 4 of this Act. 
 
 Sec. 3. Any person, firm or corporation in response to the notice and 
 advertisement for bids referred to in Section 2 of this Act may under the 
 conditions imposed upon bidders in the notice inviting such bids or by law, 
 submit a proposal and bid to make the improvement with a patented pave- 
 ment or unpatented pavement of special design of the character and type 
 described in such notice that every such proposal and bid to make the 
 proposed improvement with a patented pavement or unpatented pavement 
 of special design shall be accompanied by and there shall be submitted 
 therewith specifications for laying and constructing such patented pave- 
 ment or unpatented pavement of special design, providing the quantity 
 and proportion of the several materials and ingredients composing said 
 patented pavement or unpatented pavement of special design, and the 
 kind, quality and stardard of the materials and ingredients to be used 
 therein and providing that the quality and standard of such materials 
 and ingredients shall be determined and tested in the manner provided by 
 the standard specifications of the State Highway Commission and shall 
 also provide the manner of laying and constructing the pavement and 
 mixing, and preparing the materials and ingredient^ thereof, all with the 
 same minuteness of detail as is provided in the standard specifications of 
 the State Highway Commission. 
 
 Sec. 4. If in response to a notice or advertisement for bids for making 
 any highway improvement any person, firm or corporation shall submit 
 a bid and proposal to make the same with a patented pavement, or unpat- 
 ented pavement of special design, and after full consideration the State 
 Highway Commission, county court or board of county commissioners as 
 the case may be shall be of the opinion such patented pavement, or unpat- 
 ented pavement of special design, with which such bidder proposes to 
 make the improvement, is as good or better than the pavement provided 
 for in the standard specifications of the State Highway Commission in 
 durability and utility and the bid submitted is as low or lower, in the 
 judgment of the State Highway Commission, county court or commis- 
 
REPORT OP STATE HIGHWAY ENGINEER 25 
 
 sioners' court, taking into consideration the utility, material, and specifica- 
 tions submitted with any such bid, than any bid submitted upon said stan- 
 dard specifications, the State Highway Commission, county court or board 
 of county commissioners may award the contract to the responsible person, 
 firm or corporation submitting the best bid in the estimation of the State 
 Highway Commission, county court, or board of county commissioners, for 
 making the improvement with such patented pavement, or unpatented pave- 
 ment of special design ; provided that the Highway Commission, county 
 court or board of county commissioners may reject any and all bids. 
 
 CHAPTER 237 
 
 Be It Enacted by the People of the State of Oregon : 
 
 ARTICLE I 
 Title and Definitions 
 
 Section 1. This Act shall be known as the Oregon Highway Law. 
 
 Sec. 2. The term "State Highway Commission," "the Commission," 
 and "Commission" shall be taken and deemed to mean the State Highway 
 Commission created by this Act. 
 
 Sec. 3. Federal Funds ; Rural Post Roads. "Federal Funds" shall be 
 taken and deemed to mean funds provided by the United States of America 
 for cooperative road work with states and municipal subdivisions thereof, 
 under and by virtue of the Act of Congress approved July 11, 1916, entitled 
 "An Act to provide that the United States shall aid the states in the con- 
 struction of rural post roads, and for other purposes" (39 U. S. Statutes 
 at Large, p. 355), and other Acts of Congress for similar purposes. "Rural 
 Post Roads" shall be taken and deemed to mean rural post roads as defined 
 in said Act of Congress. 
 
 Sec. 4. Roads; Highway; State Highway. Where the terms "road" 
 or "highway" are used they shall be taken and deemed to include necessary 
 bridges and culverts, and they shall not be taken or deemed to mean or 
 include city streets. "State Highway" shallbe taken and deemed to mean 
 any road or highway designated as such by the Commission or by law. 
 
 Sec. 5. County Court The term "County Court" as used here and 
 elsewhere in this Act, is intended to cover and include all county officers 
 or boards now or hereafter charged by law with the duty of building, con- 
 struction, repair, alteration or maintenance of roads and bridges. 
 
 Sec. 6. State Highway Department. The State "Highway Department" 
 shall consist of the State Highway Commission, the State Highway 
 Engineer, and all their employes. 
 
 ARTICLE II 
 
 The Highway Commission; Powers; Duties 
 
 Section 1. Highway Commission. There is hereby created a State 
 Highway Commission, which shall consist of three members to be appointed 
 by the Governor, one from each Congressional District of the state, to hold 
 office for a period of three years ; provided, however, that the members 
 forming the first Commission hereunder, who shall be appointed within 
 
26 REPORT OF STATE HIGHWAY ENGINEER 
 
 thirty days after the passage of this Act, shall serve as follows: One 
 Commissioner up to and including March 31, 1918, and one Commissioner 
 up to and including March 31, 1919, and one Commissioner up to and 
 including March 31, 1920. Before the expiration of the term of a Com- 
 missioner, the Governor shall appoint his successor to assume his duties 
 on April first next following; provided, however, in case of a vacancy 
 for any cause, the Governor shall make an appointment to become imme- 
 diately effective for the unexpired term ; said successor to be appointed 
 from the same Congressional District in which the vacancy occurs. 
 
 Each member of the Commission shall be allowed his actual traveling 
 and other necessary expenses incurred in performing the duties of his 
 office. 
 
 Sec. 2. Bond. Each member of the Commission shall give a good and 
 sufficient bond to the state for five thousand dollars ($5,000.00) condi- 
 tioned upon the faithful performance of the duties of his office, the bond 
 to be approved by the Governor and Attorney General, and the premium 
 to be paid from the state road fund. 
 
 Sec. 3. Organization ; Rules. Said Commission shall first meet at 
 the call of the Governor as soon as practicable after the passage of this 
 Act, and shall select a chairman who shall preside at all meetings thereof ; 
 and appoint a state highway engineer, hereinafter in this Act called the 
 "engineer," who shall be a competent civil engineer and qualified by a 
 technical training as well as practical construction experience in highway 
 work. The engineer shall hold office during the pleasure of the Commis- 
 sion, but for a period not to exceed four (4) years without reappointment ; 
 shall receive an annual salary to be fixed by the Commission not to exceed 
 five thousand dollars ($5,000.00) payable in monthly instalments, together 
 with such actual traveling and other necessary expenses as may be 
 incurred in the official discharge of his duties ; and shall, before entering 
 upon the discharge of his duties, execute a good and sufficient bond in the 
 sum of ten thousand dollars ($10,000.00) which shall be approved by the 
 Commission and filed in the office of the Secretary of State. Said Com- 
 mission shall provide the engineer with offices and sufficient equipment 
 to discharge his duties as prescribed by said Commission and this Act. 
 
 A majority of the commissioners shall constitute a quorum to transact 
 business, and the act or decision of any two of the commissioners shall be 
 deemed the act or decision of the commission. No vacancy shall impair 
 the right of the remaining commissioners to exercise all the powers of the 
 Commission ; provided, however, upon the selection of state highways here- 
 inafter provided for, the decision of the Commission must be unanimous, 
 and in case said commissioners are unable to so agree, the Governor of 
 the State of Oregon shall have the right to vote as a member of said 
 Commission. 
 
 The Commission shall employ such clerks, officers and assistants to said 
 engineer, at such salaries and for such terms as appear necessary; pro- 
 vided, however, the total cost in any one year of maintaining the Com- 
 mission for salaries or other overhead expenses shall not exceed ten per 
 cent of the total funds available to the Commission that year for its work. 
 Said clerks, officers and assistants shall take the prescribed oath of office 
 before entering upon their official duties. The State Highway Commission 
 and the state highway engineer and all their employes shall be designated 
 as the State Highway department, which is hereby established. 
 
REPORT OF STATE HIGHWAY ENGINEER 27 
 
 Sec. 4. Offices. The Commission shall be provided by the Secretary 
 of State with suitable offices in the State Capitol, and its offices shall 
 be kept open at such times as the business of the Commission and the 
 convenience of the public shall require. Such offices shall be conveniently 
 and properly furnished, and shall be the repository for all the records of 
 the Commission. 
 
 Sec. 5. Powers and Duties of Commission. Said Commission shall 
 have the power to carry out the provisions of this Act, and its duties shall 
 be such as are provided herein. The Commission is hereby authorized to 
 make such rules and regulations as it may deem necessary. Said Commis- 
 sion shall have general supervision over all matters pertaining to construc- 
 tion of state highways, letting of contracts therefor and the selection of 
 materials to be used in the construction of state highways, under the 
 authority of this Act. Said Commission shall meet at such times and for 
 such periods in the office of the Highway department, or at such other 
 place as it may select, for the transaction of any business that may be 
 necessary for the satisfactory execution of the provisions of this Act. The 
 Commission shall also determine and adopt the general policy of the High- 
 way department and decide the questions relating to the administration of 
 the department. The Commission shall publish an annual report to the 
 Governor containing the report of the engineer and such general informa- 
 tion as may appear desirable regarding the construction, improvement or 
 maintenance of highways and bridges ; and other information gathered and 
 available in the office of the Highway department. Said Commission 
 shall designate, construct or cause to be constructed a system of state high- 
 ways within the State of Oregon, which highways shall be designated by 
 number, and by the point of beginning and terminus thereof. That the 
 legislature of the State of Oregon hereby assents to the provisions of the Act 
 of Congress, approved July 11, 1916, entitled "An Act to provide that the 
 United States shall aid the states in the construction of rural post roads, 
 and for other purposes" (39 U. S. Statutes at Large, p. 3.55). The State 
 Highway department is hereby authorized to enter into all contracts and 
 agreements with the United States government relating to the survey, con- 
 struction or improvement and maintenance of roads under the provisions 
 of said Act. of Congress, to submit such scheme or program of construction 
 or improvement and maintenance as may be required by Secretary of Agri- 
 culture, and do all other things necessary fully to carry out the coopera- 
 tion contemplated and provided for by said Act. For the construction or 
 improvement and maintenance of rural post roads the good faith of the 
 state, is hereby pledged to make available funds sufficient to equal the 
 funds apportioned to the state by or under the United States government 
 during each of the five years for which federal funds are appropriated by 
 Section 3 of the said Act, and to maintain the roads constructed or improved 
 with the aid of funds so appropriated, and to make adequate provisions 
 for carrying out such maintenance. The good faith of the state is further 
 pledged to make available funds at least sufficient when combined with 
 the funds made or to be made by the several counties to equal the sum 
 apportioned to the state by the Secretary of Agriculture under the rules 
 and regulations approved by him for carrying out Section 8 of the Act of 
 Congress ; provided, that funds made so available from the State Highway 
 fund shall be spent only upon the highways comprising the system of 
 state roads and the good faith of the State is further pledged to maintain 
 
28 REPORT OF STATE HIGHWAY ENGINEER 
 
 such roads and to make adequate provisions for carrying out such main- 
 tenance, and other Acts of Congress for similar purposes. 
 
 Sec. 6. Highway Engineer; Duties. The State highway engineer shall 
 keep a record of all proceedings and transactions of the Highway depart- 
 ment, and shall, so far as he is able under the provisions of this Act, com- 
 pile statistics relative to the public highways throughout the state, and 
 shall collect all information in regard thereto which he may deem impor- 
 tant. Said engineer shall keep on file copies of all plans, specifications 
 and estimates prepared by his office. He shall cause to be made and kept 
 in his office a general highway plan of the state, and shall collect informa- 
 tion and compile statistics relative to the mileage, character and conditions 
 of the highways and bridges in the different counties in the state. Said 
 engineer shall, under the direction of the Commission, investigate and 
 determine the methods of road construction best adapted to the various 
 counties, giving due regard to the topography, natural character and avail- 
 ability of road building materials and the cost of building and maintain- 
 ing roads under the provisions of this Act. Said engineer shall prepare 
 surveys, plans, specifications and estimates for the materials to be used 
 in and the manner or method of construction of any highway constructed 
 under the provisions of this Act, subject to the approval of said Commis- 
 sion, and in advertising for bids on any such highway it shall be the duty 
 of said Commission to invite bids in conformity with such plans and specifi- 
 cations. Such advertisment for bids shall be in accordance with the regula- 
 tions adopted by said Commission, but awards of contracts for the 
 construction, improvement, repair or maintenance of said highways shall 
 be made by said Commission to the lowest and best responsible bidder 
 upon the kind of material or materials selected by said Commission ; pro- 
 vided, however, that any or all bids may be rejected if it appears to the 
 best interests of the state. If no satisfactory bid is received, new bids may 
 be called for, or the work may be done without letting to contract, as may 
 be determined by the Commission. On work involving an expenditure of 
 less than two thousand dollars ($2,000.00) it shall be discretionary with 
 the Highway Commission whether such construction, improvement or repair 
 shall be let by contract or be performed by day labor. On such w r ork per- 
 formed by the state by day labor, the engineer shall be held responsible for 
 the economical prosecution of the work. 
 
 Said engineer shall keep an accurate and detailed account of all moneys 
 expended in the construction of all highways and roads which are con- 
 structed under his general supervision, direction and control, and shall 
 keep a record of the number of miles so constructed in each county, the 
 date of construction, the width of such roads and the cost per mile of con- 
 struction. On all state highways and on county roads constructed under 
 his supervision a simple but adequate accounting system shall be installed 
 in order that all expenditures and costs may be classified as the work 
 progresses. Partial payments shall be allowed and made on contracts for 
 highway improvement based upon estimates prepared and certified to by 
 the engineer and approved by the Commission, but not more than eighty- 
 five (85) per cent of the contract price of the work completed shall be paid 
 before the completion of the contract and its acceptance by the engineer; 
 but no such payment shall be construed as acceptance or approval of such 
 work or waiver of any defects therein. 
 
REPORT OF STATE HIGHWAY ENGINEER 29 
 
 On or before .the tenth day of each month said engineer shall make 
 a report to said Commission of the work done during the preceding calendar 
 month, and of the progress of all work which he may have in charge. He 
 shall also prepare proper vouchers covering claims for all salaries and 
 expenses of his office and other expenditures authorized by the Commis- 
 sion. Such claims as may be approved by the Commission shall be indorsed 
 by it and be presented to the Secretary of State for audit in the same 
 manner as other claims against the state. 
 
 Employes may be paid by a payroll, said payroll to be prepared by the 
 engineer, who shall set forth the name of each employe, the rate of salary 
 or wages, the capacity in which each person is employed and the amount 
 due each employe. Such payroll shall be verified by the engineer and 
 approved by a majority of the commissioners. It shall be the duty of the 
 Secretary of State to audit such payroll and draw a warrant on the State 
 Treasurer for the aggregate amount allowed thereon, in favor of the 
 engineer, whose duty it shall be to deposit such warrant in a reputable 
 bank and immediately pay over the moneys received thereon to the several 
 parties entitled thereto. Payroll checks issued by the engineer after having 
 been properly indorsed and paid shall be filed in the office of the Com- 
 mission and shall constitute a full receipt of payment for services rendered. 
 In addition to his official bond the engineer shall furnish a payroll bond 
 in such sum as the Secretary of State may direct, not less, however, than 
 the aggregate of the payrolls for the month which the same may cover, the 
 cost of said bond to be paid by the state. The payroll bond herein required 
 shall be filed in the office of the Secretary of State. 
 
 Said engineer shall make an annual report to said commission on the 
 first day of December of each year, which shall set forth all that has been 
 done by the Highway department during the period covered by said report, 
 and all money expended under his direction, and all highways and roads 
 that have been constructed and maintained under the direction of said 
 Commission, and all highways and roads toward the construction, improve- 
 ment, maintenance or repair of which the state has contributed, giving the 
 number of miles constructed in each county and the cost per mile of con- 
 struction. The engineer shall prepare a map to accompany said report 
 which shall show the work performed during the year to date, find par- 
 ticularly the work done under Sections six (6) and eight (8) of the Act 
 of Congress above referred to in Section three (3), Article one (1) of this 
 Act. Said report shall also include such statistics and other information 
 as to the matters falling within the scope of the duties of said engineer 
 as may be considered necessary by him, and such suggestions respecting 
 matters of legislation as he may deem necessary. 
 
 Sec. 7. Highway Engineer ; County Courts ; Plans and Information. 
 Said engineer shall act in an advisory capacity to and may be consulted by 
 the county courts of the different counties at all reasonable times in the 
 matter of road construction or maintenance. Upon request of the county 
 court of any county, said engineer shall cooperate with the county officials, 
 assist in the matter of road improvement, and furnish specifications for 
 any piece of proposed road improvement in such county upon being fur- 
 nished the necessary information and data to enable him to prepare such 
 specifications; and such specifications shall be so furnished free of all 
 costs to such county. The county court of any county shall from time to 
 time, upon the written request of said engineer, furnish him with all avail- 
 
30 REPORT OP STATE HIGHWAY ENGINEER 
 
 able information, maps and plans connected with the construction and 
 maintenance of public highways, culverts and bridges in their respective 
 localities. Any such county official who shall wilfully refuse to furnish 
 such information, maps or plans when so called upon, shall be guilty of a 
 misdemeanor and, upon conviction thereof, shall be subject to fine of not 
 less than ten dollars ($10.00) nor more than two hundred dollars ($200.00). 
 Whenever any county desires to construct or improve any part of a state 
 road lying within such county, the county court of such county may make 
 application to the State Highway Commission for the definite location and 
 grade for such road, and the state highway engineer shall cause such road 
 or portion thereof to be definitely located and the grade thereof established, 
 and the cost thereof shall be charged to such road on the books of the 
 State Highway department as a part of the cost of construction. 
 
 Sec. 8. Contracts ; Bonds ; Convict Labor. All contracts executed for 
 the improvement of state highways shall be made in the name of the State 
 of Oregon and executed by the Commission, and on all such contracts a 
 satisfactory bond shall be required of the contractor of not less than fifty 
 (50) per cent of the total amount of his bid, for the faithful performance 
 of his contract. In case no satisfactory bids are received, new advertise- 
 ments may be made, or the work may be performed by day labor under the 
 direction of the engineer, subject to the approval of said Commission. The 
 Commission may authorize and provide for the construction of any highway 
 or part of a highway by convict labor, and if said Commission so author- 
 izes and provides for convict labor, the Governor shall, upon its request, 
 detail from the State Penitentiary such convicts as in his judgment may 
 seem proper for use in the work of constructing such highway or such part 
 of a highway; and such convicts shall be delivered to said engineer on 
 such terms and conditions as shall be prescribed by the parole board and 
 approved by the Governor. The said Commission is hereby authorized to 
 enter into agreement with any county for the furnishing of material or 
 materials for the construction of any state or county roads, and may 
 furnish any material or materials necessary for the construction of any 
 county or state highway. 
 
 Sec. 9. Rights of Way; Condemnation. The rights of way for state 
 highways, and roads improved or constructed under this Act, shall be 
 acquired by the counties in which the highways are situated by either 
 donation, purchase, agreement, condemnation, or through the exercise of 
 the pow r er of eminent domain by the county before any contract shall be 
 let. In case of neglect or refusal to so acquire said right of way, the state 
 shall have the power, through the Commission, to acquire said right of 
 way either by donation, purchase, agreement, condemnation, or through 
 the exercise of the power of eminent domain in the same manner as is pro- 
 vided by law for acquiring property for other public uses, and the Com- 
 mission is hereby given full power and lawful authority to request the 
 Attorney General of the state, in accordance with the provisions of Chap- 
 ter 45, Title I of Lord's Oregon Laws, and other laws for taking of prop- 
 erty for public uses, to institute the necessary condemnation proceedings 
 for acquiring such rights of way ; provided, that the State Highway depart- 
 ment shall be reimbursed by the county in which such right of way may 
 lie for any and all expense so incurred, by a warrant drawn by the county 
 clerk on the county treasurer, at the order of the county court, and if not 
 
REPORT OP STATE HIGHWAY ENGINEER 31 
 
 so paid, same shall be deducted from any funds due the county from the 
 Highway department, or from any state fund due the county for road work. 
 
 Sec. 10. State Highway Supervision. All construction work done by 
 counties upon any of the state highways to which the state contributes not 
 less than twenty-five per cent of the cost of construction shall be subject 
 to the supervision of the State Highway department. 
 
 All moneys raised by counties for road purposes, and expended or to 
 be expended upon roads within such counties other than state highways, 
 shall be under the exclusive control of the county courts of such counties. 
 Nothing in this Act contained shall be construed so as to prohibit the 
 county from cooperating with the federal government under Section 8 of 
 the Federal Aid Road Act for the construction and maintenance of roads 
 in or partially within the national forests. No part of the State Highway 
 fund shall be expended upon other than state highways. 
 
 Sec. 11. State Highways, Maintenance. The maintenance of state 
 highways constructed or improved under this Act shall be under the super- 
 vision of the Highway department, on such terms as may be mutually 
 agreed upon between the Commission and the county court of any county ; 
 provided, however, that the counties shall not pay more than fifty (50) per 
 cent of such maintenance cost. 
 
 Sec. 12. State Highway Fund ; Taxation. Eacb year at the time the 
 State Tax commission determines the amount of tax to be levied against 
 each county for state purposes it shall, in addition to other state taxes, 
 make a state levy against all taxable property in each county subject to 
 taxation of an additional amount, equal to one-fourth mill on each dollar 
 of assessable property within the county. Said tax shall be collected by 
 the county and paid to the State Treasurer as other state taxes are paid ; 
 and all moneys collected on said tax and paid to said State Treasurer shall 
 constitute and be kept in a fund to be known as the "State Highway 
 Fund," and all moneys in said fund shall be at the disposal and subject to 
 the use of said Commission for the purposes of this Act. All taxes hereto- 
 fore levied under the provisions of Chapter 339 of the Laws of 1913, and 
 thereby required to be collected and paid into the "State Road Fund," 
 shall be collected as therein provided notwithstanding the repeal of said 
 chapter by this Act, and when received shall, with any and all road funds, 
 become a part of the State Highway fund. 
 
 Sec. 13. State Highway Fund ; Apportionment. The Commission shall 
 first set aside from the highway fund of the state an amount sufficient for 
 the salaries and expenses of the State Highway department ; then a suffi- 
 cient amount to cover the cost of operating and maintaining state high- 
 ways which have been constructed or improved ; then sufficient funds to 
 meet the federal government appropriation and requirements of Sections 
 six (6) and eight (8) of the Act of Congress referred to in Section three 
 (3), Article one (1) of this Act, or any federal appropriation that may be 
 hereafter provided ; then the remainder shall be used for any purposes of 
 this Act, and the State Highway Commission is hereby authorized to enter 
 into cooperative agreements and undertaking with any county for the sur- 
 vey, construction, improvement, reconstruction, repair or maintenance of 
 any state highway or part thereof upon such basis of contribution as may 
 be agreed upon between them; provided, however, that any amounts or 
 sums as individual counties have acquired through the issue of bonds and 
 expended since May 1, 1913, on roads that are now or may hereafter be 
 
32 REPORT OF STATE HIGHWAY ENGINEER 
 
 designated as state roads, or sections thereof, shall be considered and 
 treated as having been contributed by such county under any cooperative 
 agreement hereafter entered into between the state and the county. 
 
 Sec. 14. Transfer of Records, Maps and Equipment. On the qualifica- 
 tion of the members of the State Highway Commission hereby created, the 
 State Highway Commission created by Chapter 339 of the General Laws 
 of Oregon for 1913, and the state engineer, deputy state engineer, state 
 highway engineer, as created by Chapter 337 of the General Laws of Ore- 
 gon for 1915, shall transfer to the State Highway Commission hereby 
 created all records, maps, equipment, and property of the state pertaining 
 to roads, bridges, or highways then in its or their custody, or under its or 
 their control, taking proper receipt therefor, and thereafter all such 
 records, maps, equipment, and property shall be in the custody and for 
 the use of the State Highway Commission hereby created. 
 
 Sec. 15. Ocean Shore. Nothing in this Act contained shall be deemed 
 to affect the character of the shore of the Pacific Ocean as a public 
 highway as now fixed and defined by law. 
 
 Sec. 16. Unconstitutionality. If any section, subdivision, sentence or 
 clause in this Act shall for any reason be held unconstitutional, such deci- 
 sion shall not affect the validity or meaning of any other portion of 
 this Act. 
 
 Sec. 17. Repealing Clause. Chapter 339 of the General Laws of Ore- 
 gon for 1913, and Chapter 337 of the General Laws of Oregon for 1915, 
 and all Acts and parts of Acts in conflict herewith, are hereby repealed. 
 
 Sec. 18. Emergency. It is hereby adjudged and declared that existing 
 conditions are such that this Act is necessary for the immediate preserva- 
 tion of the public peace, health and safety; and an emergency is hereby 
 declared to exist, and this Act shall take effect and be in full force and 
 effect from and after its passage and approval by the Governor. 
 
 CHAPTER 403 
 
 Be It Enacted by the People of the State of Oregon : 
 
 Section 1. That it shall be unlawful for any person, firm, corporation, 
 or association bidding upon, or entering into any contract with the State 
 of Oregon, or with any county, city, town, school district, road district or 
 other public corporation, or quasi-public corporation, within the State of 
 Oregon, or with any public officer or officers in the State of Oregon, or for 
 any agent of said person, firm, corporation or association to enter into any 
 conspiracy or collusion with any person, firm, corporation or association 
 which tends to or does lessen or destroy free competition in the letting 
 of such contract, or to pay or agree to pay to any other bidder, or to any 
 public officer, directly or indirectly, any sum of money or anything of 
 value in order to obtain such contract ; provided, that any one or more of 
 such persons shall have done any act to effect the object of said 
 conspiracy or collusion. 
 
 Sec. 2. Any person violating the provisions of this Act shall be deemed 
 guilty of a misdemeanor and be punished by a fine of not more than 
 $5,000.00, or by imprisonment in the county jail not longer than six months, 
 or by both such fine and imprisonment. 
 
REPORT OP STATE HIGHWAY ENGINEER 33 
 
 Sec. 3. In any action in any court wherein the violation of the fore- 
 going provisions is at issue, no witness shall be privileged from testifying 
 to any matter, or from producing any books, papers, or letters on the ground 
 that the same might or would tend to render such witness criminally liable, 
 but such witness shall not be prosecuted for any offense whatever growing 
 out of or connected with the matters and things so testified to or produced 
 by him ; provided, such witness shall not be exempt from prosecution for 
 perjury committed in so testifying. 
 
 CHAPTER 423 
 
 Be It Enacted by the People of the State of Oregon : 
 
 Section 1. The State Highway Commission is hereby authorized, 
 empowered and directed, during the next five years, to sell the bonds of 
 the State of Oregon as hereinafter provided, in an amount sufficient to 
 raise enough money to meet the requirements of this Act. Provided, that 
 not more than $1,000,000.00 in bonds shall be issued hereunder during the 
 year 1917, and that not more than $2,000.000.00 in addition to any surplus 
 unissued or unexpended over the $1,000,000.00 authorized for the year 1917, 
 shall be issued during the year 1918. 
 
 Sec. 2. The State Highway Commission is hereby authorized, empow- 
 ered and directed to enter into such contracts, appoint such officials, and 
 do any other act or thing necessary to fully meet the requirements of 
 this Act. 
 
 Sec. 3. The Attorney General shall under the direction of the State 
 Highway Commission, prepare a form of interest-bearing gold bond of the 
 State of Oregon, to be sold in order to provide funds for the carrying out of 
 the purposes of this Act. Said bonds shall be numbered serially, beginning 
 at Number 1, and shall be payable in the order of their issuance. Said 
 State Highway Commission is hereby authorized, empowered and directed 
 to issue bonds of the State of Oregon for the purpose of carrying out the 
 provisions of this Act in an amount not exceeding $6,000,000.00 of which 
 sum at least $600,000.00 shall be issued in denominations of $500.00 each, 
 or less. The bonds issued in any year under the provisions of this Act 
 shall be payable one-twentieth each year, commencing with the sixth year 
 after the issuance thereof. One-half of the bonds payable each year shall 
 be payable on the first day of April and the other half on the first day of 
 October. Each bond shall bear upon its face a statement showing the date 
 of its maturity. Said bonds shall bear interest at the rate of four per cent 
 per annum, payable semiannually on April first and October first. Prin- 
 cipal and interest on said bonds shall be payable at the office of the State 
 Treasurer at Salem, Oregon, and if said State Highway Commission shall 
 so direct, said bonds may also provide for payment at some other place. 
 Said bonds shall be in a form embodying an absolute promise of the State 
 of Oregon to pay the amount thereof in gold coin of the United States of 
 America of the value of weight and fineness of the date of such bond, and 
 shall be in such denomination as the State Highway Commission shall elect. 
 They shall be signed by the Governor, Secretary of State and State Treas- 
 urer. Said bonds shall bear coupons evidencing the interest to become due 
 thereon for each instalment of such interest, upon which shall be printed 
 
34 REPORT OF STATE HIGHWAY ENGINEER 
 
 the facsimile of the signatures of said officers. Said board may, at its 
 option, cause a part or all of said bonds to be payable to the purchaser 
 thereof and register the name of such purchaser in the office of the State 
 Treasurer and provide an appropriate indorsement upon each of such bonds 
 to the effect that the same will be paid only to the owner appearing on 
 the register thereof, and providing a method for reregistering the same as 
 the title may be passed, and it may also provide that a part or all of said 
 bonds shall be payable to bearer and not subject to registration. Not less 
 than ten days before the payment of the principal or interest falls due on 
 any of the bonds provided for this Act, the State Highway Commission 
 shall certify to the State Treasurer the amount necessary to meet the pay- 
 ment thereof. Upon receipt of such certificate by the State Treasurer he 
 shall prepare and verify a claim for the amount mentioned therein, attach- 
 ing thereto said certificate, and present the same to the Secretary of 
 State, who shall audit such claim, in like manner as other claims against 
 the state are audited and pay the same out of any moneys provided by 
 law for the payment thereof. The State Treasurer is authorized and 
 directed to make any such payments of principal or interest on said bonds at 
 such places, other than at Salem, Oregon, as the State Highway Commis- 
 sion may provide. All bonds and interest coupons upon payment shall be 
 deposited by the State Treasurer with the Secretary of State to be attached 
 to the original claim of the State Treasurer for the payment thereof. 
 
 Sec. 4. The State Highway Commission shall provide such method as 
 it may deem necessary for the advertisement of each issue of said bonds 
 before the same are sold, and shall also require such deposit with bids as 
 may be required, and generally shall conduct the sale and issuance of said 
 bonds under such rules and regulations not inconsistent with this Act as 
 shall be adopted by said Commission. 
 
 Sec. 5. The money arising from the sale of each issue of bonds shall 
 be deposited in the state treasury to the credit of a special fund, which 
 shall be used in carrying into effect the provisions of this Act. The Secre- 
 tary of State is hereby authorized and directed to audit all claims incurred 
 in carrying out the provisions of this Act in the same manner as other 
 claims against the state are audited and pay the same from any moneys 
 provided by law for the payment thereof upon the submission of duly veri- 
 fied vouchers therefor approved by the Commission; provided, that bonds 
 and coupons shall be paid as is provided in Section 3 hereof. 
 
 Sec. 6. The highways described in Sections 6 and 7 of this Act are 
 hereby determined to be the highways of first importance to the general 
 public of the State of Oregon. It is hereby determined that the following 
 highways should be permanently constructed and finished with a hard 
 surface : 
 
 1. The Columbia River Highway from the Multnomah County line to 
 Astoria, Seaside, and South in Clatsop County to the Tillamook County 
 line. Inasmuch as the counties of Columbia and Clatsop have already 
 expended large sums of money in constructing the said Columbia Highway 
 through said counties and in doing so have practically exhausted their 
 ability to raise money by an issuance of county bonds, the State Highway 
 Commission is hereby authorized, from the funds arising under this Act, 
 in addition to paving said highway, to use from said funds sufficient to 
 provide for the preparation of said highway through said counties for the 
 paving thereof. 
 
REPORT OF STATE HIGHWAY ENGINEER 35 
 
 2. The Pacific Highway from the Multnomah County line through 
 Washington County and Yamhill County by way of Hillsboro, Forest Grove, 
 McMinnville to Dallas, Monmouth and Independence in Polk County; to 
 Corvallis and Monroe in Benton County and through Eugene to the north 
 line of Douglas County . 
 
 3. The Pacific Highway from the Multnomah County line through 
 Oswego, Oregon City and Canby in Clackamas County, thence through 
 Marion and Linn Counties, to a junction with the highway at Junction 
 City. 
 
 4. Such portions of the Columbia River Highway between the Multno- 
 mah County line easterly through the City of Hood River and Hood River 
 County and through The Dalles and Wasco County, through Sherman 
 County, through Gilliam County, by way of the town of Arlington and up 
 the Columbia River to the confluence of the Umatilla River with the 
 Columbia River; thence up the Umatilla River through Hermiston, Stan- 
 field, Echo and Pendleton, and thence by such route as shall be deter- 
 mined by the State Highway Commission to La Grande, Baker, and to the 
 Idaho line, as the county courts of the various counties affected shall 
 agree to prepare the road ready for paving. Provided, that inasmuch as 
 the County of Hood River has raised by a bond issue and expended upon 
 said Columbia River Highway practically its full constitutional limit, said 
 Commission may expend on said Columbia River Highway in Hood River 
 County, such portion of the money arising under this Act as it may deem 
 proper in preparing said Columbia River Highway for paving. The various 
 county courts in said counties in eastern Oregon through which said Colum- 
 bia River Highway is projected shall agree with the State Higlfway Com- 
 mission upon what portions of said highway are to be paved with a hard 
 surface paving and what portions are to be constructed as post roads, and 
 whenever any of said counties shall have prepared a portion of said high- 
 way ready for paving, then the State Highway Commission shall proceed 
 promptly to pave the same under the provisions of this Act and the 
 remainder thereof shall be improved as a post road under the provisions 
 of this Act, and such portion so improved as a post road shall not be 
 eligible for paving at the expense of the state under the provisions of 
 this Act. 
 
 5. The Pacific Highway through Jackson County, where the same has 
 not already been paved, along the route heretofore adopted by the State 
 Highway Commission. Inasmuch as the County of Jackson has already 
 expended large sums of money in constructing said Pacific Highway, and in 
 paving a large portion thereof, and in so doing has practically exhausted 
 its ability to raise money by an issuance of county bonds, the said Highway 
 Commission is hereby authorized, from the funds arising from this Act, in 
 addition to completing the paving of said highway in Jackson County, to 
 use from said funds sufficient to provide for completing the preparation of 
 said highway through said county, for the paving thereof. 
 
 6. Commencing on the Columbia River Highway at or near Arlington 
 in Gilliam County, thence up Willow Creek in Morrow County, through 
 the cities of lone, Lexington and Heppner in Morrow County and through 
 Pilot Rock, Pendleton, Adams, Athena, Weston, Milton and Freewater in 
 Umatilla County to the Oregon and Washington state line. 
 
 7. A road from the south line of Clatsop County, at the end of its 
 highway described in Paragraph 1 hereof, south by Wheeler to Garibaldi. 
 
36 REPORT OF STATE HIGHWAY ENGINEER 
 
 8. A road from the Multnomah County line by Tigard, Rex and 
 Newberg to McMinnville. 
 
 For the purposes of this Act the above highways are to be known as 
 hard surfaced highways. 
 
 Sec. 7. The following highways, to-wit : 
 
 1. The road running from the north line of Douglas County to the 
 Jackson County line over the line of the Pacific Highway as adopted by 
 the State Highway Commission ; 
 
 2. All that portion of the Columbia River Highway described in the 
 fourth paragraph of the description of hard surfaced roads as described 
 in Section 6 of this Act, which the county courts of the several counties 
 through which the same is located shall not determine to prepare for paving 
 with hard surfaced paving as is herein provided, shall be considered a 
 post road, and eligible to improvement as such under the provisions of 
 this Act ; 
 
 3. A road from Roseburg, by Myrtle Point and Coquille to Marshfield ; 
 
 4. A road from the Pacific Highway, from a point at or near 
 McMinnville, by Willamina to Tillamook City ; 
 
 5. A road from The Dalles by way of Dufur, Maupin and Shaniko to 
 Redmond, Bend and from thence to Klamath Falls ; 
 
 6. A road from Bend to Lakeview ; 
 
 7. A road from an intersection with the Columbia River Highway 
 at a point either in Sherman or Gilliam County, by way of Condon, Fossil 
 and Spray and thence up the John Day Valley to such point as the High- 
 way Commission shall elect, and from thence to Vale and the Idaho line; 
 
 8. A road from La Grande through Union and Wallowa Counties to 
 Joseph ; 
 
 9. A road from Bend through Burns and Harney to Vale shall be 
 known as post roads and shall be constructed along routes between said 
 certain points to be agreed upon by the representatives of the federal 
 government, and said State Highway Commission. Said post roads shall 
 be constructed according to specifications agreed upon between the repre- 
 sentatives of the federal government and said State Highway Commission ; 
 provided, that if the Counties of Douglas and Josephine, or either of them, 
 shall prepare any part of the said Pacific Highway, and make same ready 
 for paving according to the requirements of the State Highway Commis- 
 sion, then said Commission shall immediately pave the road so prepared, 
 and such portion of said road shall be excepted from the classification as 
 a post road. 
 
 If the County of Coos shall prepare and make ready for paving, accord- 
 ing to the requirements of the State Highway Commission, twenty or more 
 miles in length of the post road between Roseburg and Marshfield herein- 
 before described, or the County of Tillamook shall so prepare and make 
 ready for paving twenty or more miles in length of the post road between 
 Tillamook City and McMinnville, and if such portions of said road in 
 either or both of said counties, are so prepared, that the same shall be 
 ready for paving according to the requirements of the State Highway Com- 
 mission, then said Commission shall immediately pave the road so prepared 
 and such portion of said road shall be excepted from the classification as 
 a post road, and such portion shall then be classified as a paved road. 
 
 Sec. 8. Roads over the following routes are hereby adopted and 
 designated as forest roads, to-wit: 
 
REPORT OF STATE HIGHWAY ENGINEER 37 
 
 1. A road from Medford in Jackson County as surveyed and adopted 
 by the federal government in cooperation with the State of Oregon, by the 
 way of Crater Lake to a point in Klamath County to be selected by the said 
 Highway Commission and the federal officials representing the federal 
 government, operating under what is known as the "Shackelford Bill." 
 
 2. A road from a point in Lane County to be selected by the State 
 Highway Commission and the federal officials representing the federal 
 government, operating under what is known as the "Shackelford Bill," by 
 way of the Siuslaw River to a point in Coos County to be selected by said 
 Highway Commission. 
 
 3. A road from Eugene connecting the Willamette Valley with eastern 
 Oregon, by way of the McKenzie River to Bend. 
 
 4. A road connecting the post road from the Columbia River Highway 
 up the John Day Valley with the post road between The Dalles and Bend. 
 
 5. A road from Albany via Lebanon, Cascadia and Fish Lake to Bend. 
 No preference shall be given in the construction, improving or paving 
 
 of any of the roads described herein by reason of the numerical designation 
 of such roads. 
 
 The funds with which to pay the portion of the expense of construc- 
 tion of said post roads and forest roads payable by the State of Oregon, 
 shall be secured from the sale of bonds as is provided in House Bill No. 21, 
 passed by the present legislative session, which bill is entitled "A Bill for 
 an Act to accept the benefits of the Act passed by the Sixty-fourth Con- 
 gress of the United States entitled 'An Act to provide that the United 
 States shall aid the states in the construction of rural post roads, and for 
 other purposes,' and to provide for the issuance of bonds of the State of 
 Oregon to raise such money as may be required to meet the requirements 
 of said federal statute, and to authorize the State Board of Control to 
 take such action and perform such duties as may be necessary to meet the 
 requirements of said Federal Act and federal officials acting under said 
 Act." Of the funds made available by said Act for post roads, at least 
 sixty per cent shall be expended on the above mentioned post roads, in the 
 counties east of the Cascade Mountains. 
 
 Provided, however, that the above provision shall not be construed to 
 impair the assent of the state to the federal aid as hereinabove specified, 
 and to limit the necessary cooperation between this state and the federal 
 government in the construction of forest and post roads. 
 
 No description of any highway provided for herein shall be construed 
 to prevent the State Highway Commission from making such local changes 
 in the location thereof as they may deem proper. 
 
 Sec. 9. The State Highway Commission is also authorized to adopt 
 such other roads or routes connecting portions of the state and to provide 
 for the construction of post roads or forest roads over such routes and 
 the improvement and maintenance thereof, and to pay for the same from 
 the fund created by House Bill No. 21 referred to by title and in Section 
 8 hereof. 
 
 Sec. 10. The State Highway Commission is hereby authorized, empow- 
 ered, and directed whenever the county through which any portion of said 
 hard surfaced roads may be located, shall have constructed all or any 
 section of any such hard surfaced roads in accordance with plans and 
 specifications prepared by the State Highway Commission, along routes 
 prescribed by said commission, and shall have provided for suitable drain- 
 
38 REPORT OF STATE HIGHWAY ENGINEER 
 
 age of said roads in accordance with the requirements of said Commission, 
 and shall have prepared the foundation in accordance with the require- 
 ments of said Commission, then said Commission shall let contracts, or 
 otherwise provide according to law for the completion of said hard sur- 
 faced roads, by causing said roads to be finished and hard surfaced 
 according to plans and specifications prepared by said Commission, and 
 the fund required therefor shall be derived from the sale of said bonds, 
 provided for in Section 3 hereof. 
 
 Sec. 11. The State Highway Commission shall pay the interest upon 
 said bonds as the same shall become due, from any funds subject to its 
 control, from whatever source the same may come, and the payments upon 
 the principal of said bonds, as the same shall become due, shall be paid by 
 the State Highway Commission from any funds within its control, without 
 regard to the origin of said funds. 
 
 Sec. 12. Any surplus or unexpended balance of the fees received under 
 the operation of House Bill No. 509, passed by this legislative session, 
 which bill is entitled "For an Act to amend Chapter 174 of the General 
 Laws of Oregon for 1911, as amended by Chapter 135 of the General Laws 
 of Oregon for 1913, and as amended by Chapter 350 of the General Laws 
 of the State of Oregon for 1915 ; providing for regulating the use, registra- 
 tion, license, identification, conduct and operation of i vehicles operated upon 
 the public roads, streets and highways of the State of Oregon ; to regulate 
 and license the persons who drive the same ; to prescribe penalties for viola- 
 tion hereof and to prohibit the unauthorized possession or use of a vehicle 
 and to provide a penalty therefor; to license and identify all motor 
 vehicles ; to limit the authority of cities and towns on like subjects con- 
 cerned with said vehicles ; to prescribe the duties of the Secretary of State 
 as to certain provisions of this Act; to provide for the handling and dis- 
 tribution of the funds derived from the operation of this Act and to repeal 
 all Acts and parts of Acts in conflict herewith," remaining after the pay- 
 ment of all claims incurred in carrying out the provisions thereof or 
 estimated by the Secretary of State as necessary to defray any further 
 administrative expenses for the balance of any license year, shall be trans- 
 ferred on the first day of April and the first day of October in each year 
 by the Secretary of State to an account to be expended under the juris- 
 diction of the State Highway Commission in payment of the interest and 
 principal as same shall become due upon bonded indebtedness of the 
 State of Oregon, contracted for road purposes under the provisions of this 
 Act or the provisions of the said House Bill No. 21 referred to by title in 
 Section 8 of .this Act. Any remainder of such surplus or unexpended 
 balance so transferred to the jurisdiction of the State Highway Commis- 
 sion shall be subject to the payment of any other lawful claim or claims 
 incurred or contracted by said Commission. 
 
 Sec. 13. The State Highway Commission is hereby authorized and 
 empowered to enter into contracts for the purpose of constructing the roads 
 provided in this Act; provided, however, that all contracts shall be let 
 according to law and in open and public session of said Commission ; pro- 
 vided further, that if in the opinion of a majority of the members of said 
 Commission, the lowest bid for the construction of any of the roads 
 or parts of roads herein authorized to be constructed, shall be excessive, 
 then and in that event, said Commission shall have the right and it is 
 hereby empowered and authorized to reject all bids and to construct under 
 
REPORT OF STATE HIGHWAY ENGINEER 
 
 its own direction and supervision, all of such roads or any part thereof, 
 and to this end and to accomplish this purpose said Commission is hereby 
 authorized and empowered to purchase or lease all necessary machinery, 
 equipment, tools and appliances and to employ all necessary help and labor 
 and to do all things necessary and convenient to carry out the provisions of 
 this Act. 
 
 Sec. 14. This Act shall be referred to the people for their ratification 
 or rejection at a special election to be called in the manner provided for by 
 law, said election to be held on the fourth day of June, 1917, and shall be 
 in full force and effect as soon as ratified by the people at such election. 
 
 Sec. 15. On account of the importance of the early decision of this 
 matter and the importance of getting funds for construction of roads, this 
 Act is necessary to the peace, health and safety of the people of the State 
 of Oregon, and the special election hereinabove declared should not be 
 delayed beyond the time hereinabove set, and for that reason an emergency 
 is declared to exist, and this Act shall be in full force and effect in accor- 
 dance with the terms and provisions therein set forth from and after its 
 passage, as- regards said special election. 
 
40 
 
 REPORT OP STATE HIGHWAY ENGINEER 
 
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 Locust Hill section 
 
 Lake County 
 
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 Cottage Grove sect 
 
 Lincoln County 
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 Tillamook-Cloverda 
 
 Umatilla County 
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 WasTim^ton and Yamhi 
 Multnomah County 
 
 Wheeler County 
 Cummings Hill sec 
 
 Yamhill County 
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44 REPORT OF STATE HIGHWAY ENGINEER 
 
 RECONNAISSANCE SURVEYS 
 
 Project * Total Amount 
 
 Expended 
 Baker County 
 
 Austin to Baker $ 279.06 
 
 Benton County 
 
 Corvallis to Eddyville 47.56 
 
 Benton and Polk Counties 
 
 Independence to Corvallis 47.48 
 
 Clatsop County 
 
 Tillamook to Seaside 397.49 
 
 Columbia County 
 
 Columbia River Highway in Columbia. County 104.87 
 
 Curry County 
 
 Coast Highway in Curry County 79.91 
 
 Douglas County 
 
 Oakland to Greene 44.24 
 
 Klamath County 
 
 Klamath Falls to Olene 27.75 
 
 Lane, Douglas and Coos Counties 
 
 Eugene to Marshfield 804.65 
 
 Lincoln, Yamhill and Tillamook Counties 
 
 Coast and Yamhill-Nestucca Highways 53.31 
 
 Malheur County 
 
 John Day Highway, Malheur County 93.02 
 
 Wasco County 
 
 Columbia River Highway in Wasco County 131.49 
 
 Wasco, Umatilla, Sherman, Gilliam, Morrow, Union and Baker Counties 
 
 Hood River to Baker 342.08 
 
 Yamhill County 
 
 Grand Ronde Section ... 42.46 
 
 Total $2,495.37 
 
 *Administration costs for all projects included in summary, only. 
 
 GENERAL CHARGES (Administrative, Engineering Supervision, etc.) 
 
 Item Total Amount 
 
 Expended 
 
 Administration $18.389.13 
 
 Highway Commission 2,328.35 
 
 Auditing Office (Salem) 3,970.94 
 
 Engineering Office (Salem) 4,193.50 
 
 Division Offices (Pendleton and Roseburg) 3,743.70 
 
 District Engineers 1,505.18 
 
 Total $34,130.80 
 
REPORT OF STATE HIGHWAY ENGINEER 
 
 45 
 
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46 
 
 REPORT OF STATE HIGHWAY ENGINEER 
 
 BRIDGES DESIGNED NOVEMBER 30, 1916. TO NOVEMBER 30, 1917 
 
 Reinforced concrete over Four Mile Creek, Coos County $ 4,500.00 
 
 Reinforced concrete over Bethel Creek, Coos County 1,200.00 
 
 Reinforced concrete over Butte Creek, Coos County.... 1,000.00 
 
 Reinforced concrete Overland Overcrossing, Coos County 6,500.00 
 
 Forty-five-foot wood A. frame, Coos County 500.00 
 
 Forty-foot wooden lift bridge over Haynes Slough, Coos County 4,000.00 
 
 Forty-foot wooden lift bridge over North Slough, Coos County 4,000.00 
 
 Forty-foot wooden lift bridge over Larson Slough, Coos County 4,000.00 
 
 Eighty-foot- opening swing draw (wood), Isthmus Slough, Coos 
 
 County 5,500.00 
 
 One hundred twenty-six-foot wooden bridge at Gravel Ford, Coos 
 
 County 5,000.00 
 
 Reinforced concrete over crossing one mile north of Myrtle Point, 
 
 Coos County 4,000.00 
 
 Reinforced concrete over Three Mile Creek, Wasco County 700.00 
 
 Reinforced concrete over Eight Mile Creek, Wasco County 3,000.00 
 
 Reinforced concrete over Mosler Creek, Wasco County 7,000.00 
 
 Reinforced concrete over Tygh Creek, Wasco County 5,500.00 
 
 Reinforced concrete over Tygh Creek, Wasco County 8,000.00 
 
 Butler Canyon, Wasco County 1,800.00 
 
 Wooden bridge, Sherman and Gilliam Counties .\ 15,000.00 
 
 Reinforced concrete, east fork of Hood River, Hood River County.... 6,000.00 
 
 Reinforced concrete over Neal Creek, Hood River County 1,000.00 
 
 Reinforced concrete over Odell Creek, Hood River County 600.00 
 
 Wooden bridge at Dee, 'Hood River County 3,500.00 
 
 Reinforced concrete over Herman Creek, Hood River County 4,500.00 
 
 Four-by-five reinforced concrete culvert at Sonny, Hood River 
 
 County 500.00 
 
 Reinforced concrete culverts, one 2x3 feet, one 2x6 feet, one 4x6 feet, 
 
 Hood River County 800.00 
 
 Reinforced concrete over Viento Creek, Hood River County 1,500.00 
 
 Reinforced concrete over Gorton Creek, Hood River County 2,500.00 
 
 Four-by-ten culvert near Viento, Hood River County....: 500.00 
 
 Wooden bridge over John Day, Grant County 11,000.00 
 
 Salem-Marion-Polk County bridge over Willamette 250,000.00 
 
 Replanking Salem railroad bridge, Marion County 11,000.00 
 
 Wooden lift and truss span over north fork of Nehalem River, 
 
 Tillamook County 6,000.00 
 
 Reinforced concrete over Beaver Creek near Beaver, Tillamook 
 
 County 7,000.00 
 
 Reinforced concrete over Beaver Creek in Beaver, Tillamook County 6,000.00 
 
 Reinforced concrete over Munson Creek, Tillamook County 500.00 
 
 Twelve reinforced concrete bridges in Beaver Valley, Columbia 
 
 County 45,000.00 
 
 Nine wood alternate designs for above, Columbia County 4,500.00 
 
 Wooden span over Big Applegate, Jackson County ., 4,000.00 
 
 John Day (wood), Clatsop County 33,000.00 
 
 Reinforced concrete over Plympton Creek, Clatsop County 2,000.00 
 
 Reinforced concrete over Big Creek, Clatsop County 4,500.00 
 
 Reinforced concrete over Little Creek, Clatsop County ; 1,200.00 
 
 Reinforced concrete over Graham Creek, Clatsop County 1,000.00 
 
 Reinforced concrete over crossing, Lane County 5,200.00 
 
 Reinforced concrete over Goble Creek, Columbia County 4,500.00 
 
 Capitol Hill over crossing, Multnomah County '. 800.00 
 
 Four-by-six-foot reinforced concrete culvert, Washington County.. 300.00 
 
 Onion flat trestle (wood), Washington County 11,000.00 
 
 Wooden bridge over Grand Ronde River, Union County 8,000.00 
 
 Wooden bridge over Grand Ronde River, Union County 8,000.00 
 
 Wooden bridge over Bridge Creek, Wheeler County 8,000.00 
 
 Wooden bridge near Mitchell, Wheeler County 3,800.00 
 
 Wooden bridge near Mitchell, Wheeler County 500.00 
 
 Wooden bridge near Mitchell, Wheeler County 8,000.00 
 
 Wooden trestle near Monmouth, Polk County 500.00 
 
 One 5x5 reinforced concrete culvert, Benton County 900.00 
 
 One 6x8 reinforced concrete culvert, Benton County 1,500.00 
 
 Reinforced concrete bridge over Rock Creek, Douglas County 1,600.00 
 
 Reinforced concrete bridge over Pass Creek, Douglas County 1,200.00 
 
 Reinforced concrete bridge over Pass Creek, Douglas County 1,200.00 
 
 Reinforced concrete bridge over Pheasant Creek, Douglas County.... 1,000.00 
 
 Total for bridges $555,300.00 
 
REPORT OF STATE HIGHWAY ENGINEER 
 
 47 
 
 BRIDGES UPON WHICH CONSTRUCTION WAS STARTED 
 NOVEMBER 30, 1916, TO NOVEMBER 30, 1917 
 
 Haynes Slough 
 
 North Slough 
 
 Larson Slough 
 
 Hosier Creek 
 
 Neal Creek 
 
 Odell Creek 
 
 Dee bridge 
 
 Butler Canyon 
 
 Tygh Creek ............... . 
 
 Gravel Ford 
 
 Salem bridge 
 
 North Fork Nehalem 
 
 Columbia County bridges 
 
 Big Applegate 
 
 John Day, Clatsop County 
 
 Bridge in Beaver 
 
 Herman Creek 
 
 Munson Creek ...................................... ,. .......................................... 
 
 Culvert at Sonny 
 
 One 2x3, one 2x6, and one 4x6 culverts, Hood River County 
 
 Capitol Hill over crossing 
 
 Four-by-six culvert, Washington County ............... , 
 
 Cascade Locks culvert 
 
 Viento Creek bridge .................... . .................... . 
 
 Gorton Creek bridge .......................... . 
 
 Four-by-ten culvert near Viento 
 
 Goble Creek bridge 
 
 Eight-by-ten culvert, Columbia County 
 
 4 
 4 
 4 
 7 
 1 
 
 3 
 1 
 5 
 5 
 
 250 
 6 
 
 45 
 4 
 
 33 
 7 
 4 
 
 ,000.00 
 ,000.00 
 ,000.00 
 ,000.00 
 ,000.00 
 600.00 
 ,500.00 
 ,800.00 
 ,500.00 
 ,000.00 
 ,000.00 
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 ,000.00 
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 ,500.00 
 500.00 
 500.00 
 800.00 
 800.00 
 300.00 
 500.00 
 ,500.00 
 ,500.00 
 500.00 
 ,500.00 
 ,000.00 
 
 Total $399,300.00 
 
676893 
 
 UNIVERSITY OF CALIFORNIA LIBRARY