Volume \ LIBRARY % OF THE UNIVERSITY of ILLINOIS (REPRINT F*kOM) Number 3 THE University of Colorado STUDIES ARTHUR ALLIN FRANCIS RAMALEY Editors PUBLISHED BY THE UNIVERSITY OF COLORADO BOULDER, COLO. April, 1903 Price , 50 Cents PRESS OP THE SMITH-BROOKS PRINTING COMPANY DENVER, COLORADO STATE HIGHWAY SYSTEMS By John B. Phillips Until recent years the energy devoted to improving transporta- tion facilities has been largely expended in building railroads and im- proving waterways. The common roads have been neglected. This is especially true in the United States. But the fall in the price of agricultural products and the fact that these products must be hauled for considerable distances over common roads before reaching the market, has made the farmers clamorous for a better highway sys- tem. This demand for road improvement has been intensified by the establishment of rural mail service and the use of motor vehicles. In the United States the construction of highways has gen- erally been left to the farmers owning lands adjoining the road. The tax assessed for highway purposes is commuted to labor and worked out. The roads are divided into strips of varying lengths called dis- tricts. The residents of each district annually elect one of their number to act as overseer. At a time when there is a slackness of work on the farm the overseer assembles the farmers for work on the road. The whole proceeding is in the nature of a social gathering, the hours of labor are short and the allowance in highway tax paid is large. The conspicuous failure of this system has recently led to new legislation in the endeavor to settle the problem. Thus far the most successful method has been that in which the state undertakes the work of road improvement, the contract being let and the construc- tion supervised by a state officer. The expense is usually appor- tioned among the state, county and local division. This system with some modifications has recently been adopted in New York, Massa- chusetts, Connecticut, New Jersey and Vermont. California, Maine and North Carolina have rudimentary state road systems and in Cal- 2 P 190 UNIVERSITY OF COLORADO STUDIES ifornia a constitutional amendment providing for a state system somewhat similar to that of Massachusetts was adopted in Novem- ber, 1902. Below are digests of the laws of those states which provide state aid or supervision in the improvement of highways: Massachusetts. In Massachusetts state road improvement is under the control of a commission of three members appointed by the governor; term, three years; salary, president, $8,500; others, $2,500. On petition of the county commissioners, mayor and aldermen of a city or select- men of a town requesting state improvement of any highway, the commission investigate and determine the necessity for improve- ment. If the commission act favorably on the petition, the road becomes a state road and remains permanently under the commis- sion’s control. When about to construct any highway, the commission is re- quired to give notice to cities and towns through which the road passes, and may contract with them without advertisement for its construction. If not contracted for by cities and towns, the work is let in the usual manner to private parties. Construction of state roads must be fairly apportioned among the several counties, and not more than ten miles may be built in any one county in one year except by written consent of the gov- ernor and council. One fourth of the expense of highway improvement in any county with interest at three per cent, must be repaid by the county to the state within six years as the commission and state auditor may determine, taking into consideration the financial condition of the county.* 1 ) Annual expenditure for repairs to the amount of $50 a mile is charged to the towns and cities where made. The tax thus collected is turned over to the commission to be used for road improvement. (i) Mass., ’95, Chap. 347. STATE HIGHWAY SYSTEMS 191 To meet the expense of improving roads, a state loan has been made and a sinking fund provided. Five hundred thousand dollars was appropriated annually for 1900 and 1901. Five per cent, of the annual appropriations for road improve- ment is to be spent in amounts at the discretion of the commission, in towns where no state road has been built. Such improvement is to be made only on petition of the selectmen and when made the road remains a town highway/ 1 ! New Jersey. In New Jersey the improvement of roads is in the hands of the county boards of chosen freeholders, acting under the supervision of a state road commissioner appointed by the governor for three years at a salary of $2,500. Whenever the board of chosen freeholders determine to improve any road in the county, estimates, plans and specifications are filed with the state road commissioner. If after investigation, the commissioner decides that the improvement is necessary and can be made within the state appropriation, he may approve the plans. The director of chosen freeholders then adver- tises for bids and lets the contract, and the state commisioner ap- points a supervisor to oversee construction. On completion of work the supervisor must file itemized statements of cost with the board of chosen freeholders and state commissioner. One-tliird of the cost of improvement is paid by the state and two-thirds by the county. The annual state appropriation is $150,000. ( 2 ! When completed, the road is a county road and must be maintained by the board of chosen freeholders. They must appoint a road supervisor and fix his salary/ 3 ! Proceedings for the improvement of a road may also be begun by individuals. On petition of owners of two-thirds of property in lineal feet or area abutting on a highway, stating that they will pay 10 per cent, of the cost of improvement, the board of chosen free- 0) Mass., ’00, Chap, 432. (2) N. J., ’99, Chap. 43. (3) N. J., ’95, Chap. 443. 192 UNIVERSITY OF COLORADO STUDIES holders must cause the improvement to be made in the same manner as above described. When completed, the circuit court appoints commissioners to assess the benefits on abutting owners/ 1 ) Connecticut. Road improvement in Connecticut is under the supervision of a state highway commissioner appointed by the governor for four years at a salary of $3,000. The commissioner makes a biennial report to the legislature. Whenever a town determines to improve a road, the selectmen, with the approval of the state commissioner select the portion to be improved. The selectmen cause a survey to be made and submit it to the commissioner, who prepares plans and specifications and estimates the cost. If the cost is not to exceed $1,000, the commissioner may allow the town to do the work without competition; otherwise, the selectmen must advertise and let the contract to the lowest bidder. Contracts must be approved by the state commissioner and filed in his office. The highway commis- sioner may appoint inspectors to supervise construction, and fix their salaries which are paid by the state but not more than $10,000 may be so spent annually. When completed the road is kept in repair by the town/ 2 ) In towns of more than $1,000,000 assessed valuation, two-thirds and in other towns three-fourths of the cost of road improvement is paid by the state. The balance is paid by the towns. In one year, not more than $4,500 of state money may be spent in any one town. Certificates of cost of improvement must be filed with the state highway commissioner. No money may be paid out by the state controller for road purposes except on certificate of the state high- way commissioner. Total state annual payments may not exceed $225,000. New York. The New York system of state aid and control in the improve- ment of highways was adopted in 1898. The initative is taken by (1) N. J., ’95, Chap. 223; ’99. Chap. 44. (2) Ct.. ’99, Chap. 175; ’01, Chap. 149. STATE HIGHWAY SYSTEMS 193 a majority of the property owners facing the road to be improved or by the township and is in the form of a petition to the board of supervisors. If the petition is from the abutting property owners, the board must apply to the state engineer for aid in the improve- ment. Petitions from townships are not mandatory on the board of supervisors. The application to the state engineer must desig- nate and describe the road to be improved and give its length. The state engineer then examines the road and if he considers it of suf- ficient importance to warrant state aid, he orders a survey, together with plans and estimates of the cost of the improvement. These are then submitted by him to the board of supervisors, and if ap- proved by the board, the contract is let and the road constructed under the supervision of the state engineer. Fifty per cent, of the cost of the improvement is paid by the state, thirty-five per cent, by the county, and fifteen per cent, by the town, or if the property owners have petitioned, by those whose lands are benefited. When completed the road must be kept in repair by the town. The state engineer is required to collect statistics and informa- tion concerning roads and advise with local officers and persons in- terested in road improvement. He must hold at least one public meeting annually in each county in the interest of good roads. (1 ) Since the passage of the law the state appropriations in aid of highways have been as follows: 1898, $50,000; 1899, $50,000; 1900, $150,000 ; 1901, $120,000. Maine. In this state there is no state commissioner of highways, but state aid is given to towns constructing improved roads. On the request of the municipal officers of any town, the county commission- ers designate some road as a main thoroughfare, and the road thus designated becomes a state road. The town builds the road and the work is inspected and ap- proved by the county commissioners. The commissioners certify to (i) N. Y., ’98, Chap. 115. 194 UNIVERSITY OF COLORADO STUDIES the governor and council that the road is completed, and state the amount that has been expended by the town. The town is entitled to receive from the state an amount equal to that expended in road improvement up to $100, this being the maximum amount of state aid that can be given any one town. Towns must apply for state aid to the secretary of state. Applications are filed in the order in which received. If the appropriation is insufficient to pay all claims in any one year, the last claims received are paid from the following year’s appropriation. The appropriation for 1902 was $15,000.^ Y ERMONT. In this state there is a state highway commissioner appointed by the governor for a term of two years; compensation, $4 a day and traveling expenses. The commissioner supervises the expendi- ture by towns of state highway money and gives advice to town road commissioners. A state tax of one-half mill on a dollar of valuation is annually levied and distributed to the towns in proportion to their road mileage/ 1 2 ! The town road commissioners make to the state commissioner a detailed report of roads built and the expense of building. If the state commissioner is satisfied that the town has spent an amount equal to its portion of state highway tax, he issues his certificate on the state treasurer in favor of the town. The road commissioners of the various towns in a county consti- tute a county board of road commissioners. The county boards meet annually in their respective counties with the state commis- sioner. The state commissioner may employ experts to instruct in road maintenance and building, and he may personally direct the work in towns/ 3 ! North Carolina. In North Carolina there is a state highway commission com- posed of the commissioner of agriculture and state geologist. No (1) Me., ’01, Chap. 285. (2) Vt. Statutes, ’94, 23434. ( 3 ) Vt.. ’98, Chap. 65. STATE HIGHWAY SYSTEMS 195 additional compensation is allowed these officers for services as high- way commissioners. The commission is to advise with county and town authorities concerning road and bridge improvements and may furnish without charge to the local authorities the services of an en- gineer to aid in road building. The commission also makes rules and regulations for the employment of convicts on roads, and issues bulletins. There is no state highway system or financial aid to localities, Califoknia. There is a department of highways in California under the con- trol of a commissioner appointed by the governor for a term of four years at a salary of $3,000. The department is to take possession of the highways that have been or may be declared state roads and have charge of the state expenditures for highway purposes. It is also required to advise with local road authorities, investigate road con- struction, issue bulletins, and report biennially to the governor. A number of roads specially built by the state are under the control of the commission and a constitutional amendment empowering the legislature to establish a state highway system and aid in the con- struction of local roads was adopted in November, 1902.( 1 2 > (1) N. C., ’01. Chap. 50. (2) Cal., ’97, Chap. 267; ’01, p. 960. Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/statehighwaysystOOphil