xt7m3775x82v https://exploreuk.uky.edu/dips/xt7m3775x82v/data/mets.xml Tennessee Tennessee Historical Records Survey 1940 Prepared by the Tennessee Historical Records Survey, Division of Professional and Service Projects, Work Projects Administration; Other contributors include: United States Work Projects Administration, Division of Professional and Service Projects; 14 leaves, 28 cm; Includes bibliographical references; UK holds archival copy for ASERL Collaborative Federal Depository Program libraries; Call number FW 4.14:T 256/no.3 books English Nashville, Tennessee: Tennessee Historical Records Survey This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Tennessee Works Progress Administration Publications A Summary of General Highway Legislation in Tennessee During the Period 1881-1909, Special Publications Series, Number 3 text A Summary of General Highway Legislation in Tennessee During the Period 1881-1909, Special Publications Series, Number 3 1940 1940 2015 true xt7m3775x82v section xt7m3775x82v     f`m%qE@L§§§E$lH  I   I °
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R °* A SULIEIARY OF GEIJIERAL   LEGISLATION IN TEIHIESSEE
j ` DURING THE PERIOD 1881-1909 `
  SPECIAL PUBLICATIONS SERIES \
"- N0, 5 ‘
V TEILJESSEE HISTORICAL RECORDS SURVEY PROJECT
WORR PROJECTS A.DIIIUISTRATIOI~I·
Q 1940

 1 A SUMMARY OF GENERAL HIGHWAY LEGISLATION IN TENNESSEE
H ‘ DURING THE PERIOD 1881-1909
 
Speciel Publication Series
No. 3 `
A Trepered by
{AE The Tennessee Historical Records Survey Project
L_ Division of Professional and Service Projects
J "` `Nork Projects Administration
 N
•·••S| ·
Nashville, Tennessee
The Tennessee Historical Records Survey Project
January 1940
;r‘ `
 _\.

 ` ol
.i J
The Historical Records Survey Program
Luther H; Evans, Director
Dan Lacy, Regional Supervisor
T, Marshall Jones, State Supervisor
Division of Professional and Service Projects
Florence Kerr, Assistant Commissioner 5
Blanche N. Ralston, Chief Regional Supervisor
q V. F
Betty Hunt Luck, State Director
WORK PROJECTS ADIINISTRATIOL
F.C. Harrington, Coxnissionor
lalcolm J. Xillor, Regional Diroctor
Harry S, Borry, State Administrator
 `L
 

 \ PREFACE ‘
Although th@ Historical Records Survey Projcct has as its chief
q purposes the preparation and publication cf guides to and inventories
` 0f public archives, church rcc0rds_ early American imprints, manu-
A Q? scripts; and manuscript depositories and collections, it has accu=uluted,
· as by—pr0du0ts, a considerable amount of material and prepared nuycrwus
` memoranda in the course of routine editorial work, which under original
plans would not be made available generally,
Since publication, from time to tins, of various parts 0f this
miscellaneous material will not interfere unduly with the regular pro-
gram 0f publication and Since some 0f it may be 0f g@n@r&l interest and
value, the Survey has decided to institute a series of special pub-
lications; making this material available in substantially the same form ·
as it appears in 0ur files, Thus the policy 0f preparing this material
for publication with a minimum of editing hash in this instance, rc-
sult©d in the retention of the chronological treatment 0f the subject,
which was the method b©tLer suited for the purposes for which this
article in its original f0rm_was prepared,
This publication, summarizing gcncral highway and road l@giClaki0n
in Tennessee during the period l88l—l909_ was yrcparcd fr0m A memo-
randum addressed to the editors and field worfurs 0f the Survey as 2
_ guide in interpreting road and highway records in the inventories cf Lhw
_ archives 0f the varicus counties of the Stub©_ By means of such n©x0—
*' L randa the missing dates of records are more easily determined @n» rc-
_g" cords may be assigned to thc proper officcs with Acro facility.
l The memorandum from which this article was prwpmrcd did not utlcnpt
@0 cxplcrc local acts which, r0ughly‘after lQOB lncr0¤Singly un ndnd
and repealed general legislation, but was designed unruly M0 bc u briwf
gcmcrxl summary of legislation, with emphasis on records, during a
pcricd in which general road and highway lgglslntlon 0ccupl»d incr wsimgly
prominent places 0n th@ legislative cmlcndnr and bmfory fhg ¤nacL;¤ub,
by the Searls, of special and lmcgl ncks b®gum in curucut,
Only the legislative acts worn drmwm on in Lhu przpmrntlnn 0f this
T1€‘.‘iOI"lH.l;i€:1’1p*; was gimrlc to ¢l©’{;©1‘;;1_},n® ill}, `.‘Jl1¢,Ng YT;C·.T1i’1<:1` JDM: l':T.* `ifki
®ppli»d; I0? thu records themsmlvys will rqvyul an E; and no uticmyt was
gada to stntc the effect 0f judicial lnt»rpr»&utlwn, Mwt ull nf LL
G.C‘CS ]j’}.$iJ<3d during this p-.;rj,0rj_ Y.'·.;l"*1 Qj5*=_ILCl{;,'l)Ol`;,': orvji, Ul r;(>u11‘G·i, $V¤;.is
counties wcrc already the Objqcks of loc l lvglzluilum, n &Hh%wI iis-
cussud in spwclml mwuoranda on such ©ounLi¤s,
ilu mumorundup from whlch this grtlcle ·.·». ra; prupnr»G wuz wriil-m
unicr ih, suj»rvisi0n of Jillian Ll YilL.r, ;up.rvi:wr in cL~:g¤ ~f
lqjnl r»;,;rch.
_,# * I. Xxrshzll Jnm s, State Sup»rviz0r
f:wnJ¤x»¤ finnnric l iwcwrls Gurvwy Urwj=¤L
’ UZ-: SLT? l Y;
J¤m14j*5C, l9éO

 A SUlInRY 0F GENERAL HIEHWAY LEGISLQSIOH ll TELlLS3nL
` DURliG THE EHRIOD 1881-1909
N'!
i` During the period 1881-1909 roads and highways were classified as
district roads, or simply roads, or as turnpikes. Consequently a law
applying to roads and road commissioners does not apply to turnpihes and
` turnpike commissioners, and a law applying to turnpikes and turnpike
commissioners does not apply to roads and road conmdssioners_
A general law of 1881 directed the quarterly county court of each
county to divide the county into road districts and to appoint from with-
out its membership three commissioners for each district (1), with the
proviso that the number of commissioners for each road district could be
increased or decreased by the court (2), The first commissioner named
automatically became clerk and treasurer for the commission of his dis-
trict (5), Each commissioner was to receive from the court, through the
sheriff, a certificate notifying hih of his election and defining his
road district (4), A duplicate certificate on which the sheriff was to
make his return was to be filed with the county court clerk (5), Before
a commissioner could enter upon his duties, his bond and oath were to be
filed with the county court clerk (8)_ Each commissioner was to be paid
a dollar for each day of work above the number of days of road duty re-
quired ef all (7), The clerk was allowed additional compensation for
V collecting the highway tax (8), Any commissioner could be removed (9)
4. and vacancies were to be filled by the court (l0),
I-
_ ,5 The commissioners were to appoint overseers, each of whom wns to
EQ- _ have charge of from three to ten miles of road (ll), Nithin ten days
` after his appointment, each road overseer was to receive from the dis-
trict clerk an order of appointment, giving the limits of his road section
l and the road hands assigned to him (l2), Eacl ovorseer was to receive a
dollar for each day of service above the number of days of compulsory
» duty (15), The term of office was one year (ld), Overseers could bo
removed by the commissioners for failure to perform their dutiws (15),
TFAG quo.1‘t·3rly court was to provide labor by I`C‘QLllI`lTlf f>‘J·p·1”;f HEIG-
l, Acts 1881, ch, BC, secs_ 1, 40,
2 Tbidi, sec, 2,
5, Ibid, sec, l,
i, lbid,, soc. 7,
c.  
7. Tbidl, sec, BG,
e,  
9.   me  
l0,   scc, ZZ,
ir   grae, ig,
13.   sec, SJC,
lé,   sec, l2,
·—       iv,

 -3-
bodied man between the ages of eighteen and fifty to work from three to
~ six days upon the roads or to pay a dollar for each day of failure to do
` ¢· so (16), Inmates of the county jail could be requisitioned for road
» ° duty (17),
 
The court was to levy a highway tax of from two to fifteen cents on
` each hundred dollars of taxable property and a tax on privileges not to
exceed “one fourth of the county assessment" (18), However, onc—half of
these taxes could be paid by furnishing labor`and equipment for road won;
at daily rates specified in the act (19), The county court clerk was to
make out a highway tax assessment book for each district (20) Collec-
tions, according to the act, were to be made by the district clerks (21),
Normally the property tax would have been collected by the trustee and
the privilege tax by the county court clerk. Disbursements were to be
made by the clerks upon orders signed by two of the district commissioners
or upon orders signed by the county judge or the chairman of the county
court (22),
The commissioners were tc have charge of the road tools of their
T districts and could require bonds of overscers for the care of tools
furnished them (25). Iaterials needed for purposes of road maintenance
could be condemned by the road overseers (Ed),
Applications to open close, or change roads were to be addrrsscd to
the commissioners, Damages were to be assessed by the commissioners and
a' ‘g. were to be paid by the applicants except that "for good reason" they could
1 ` be charged to the county. The commissioners more to report their action
- _ to the qu rterly court for its approval (25),
 
The commissioners were to classify the roads of their district ac-
cording to width and to have all first and second class roads, i,e,,
roads between twenty and forty feet and roads between twelve and twenty-
» four feet, entered on a record to be kept by thc county court clart (HG) ,
The district clerks were to keep a record of all official business
" transacted by the commissioners (27). They were to make "all necessary
returns to the Chairman or Clerk of the County Court" and to make an
annual financial report, accompanied by vouchers for disbursements, to
. 16, nots 1881, ch, 38, See. 4.
rr. ii§1H`.`f°§3e.  
18. ibid., sec, 5,
19. Ibid-.
EO. Tbidb, soc c,
zi Elia],   21,
Z2. Ibid., s»c. EE,
EZ lbid,, scc 15.
. 2:;,   me 14,
2G. ibid., secs. ll, 31,
27.   sue. io,
H

 ..3-
  thc county judgo or chairman of thc county cotuft to to fijlcd iw thc
cfjicc of thc county court c1   
' TMS low Of @31 did not upily to i¤<>—.»r;_>»1 >¤·is¤»d tcmizs 1n1vE;i_c1; the
  _" i.n1;obi’to.;1‘t:; wcro tnxcd jfor tho u ~I»:o-yi of Liao styjqts  
` ggiotivczr law of 1881 outhorizeod tho countics to ;;crlu;?.ro ogui Q!'L?"1?`;\jU
turnpikcs   Jhcn tho county ocquirod :1 turnpikoy tht quo;rL,~,r1j
court was to appoint throo turnpi1»;o comzissicnors to soivc for on, jx-;;1‘,
Tho comcnissioncrs wcrc to appoint to11—gntc koopors and othor I1(.1G¤_»SSJLI`l,*
1o`oorors_A   fix thc roto of tolls; and to malzo an annual roport to tho
court (31),
1n 1882 tho goncral road law of 1881 was amcndod so os to xxuluiix;
tho road coguxzissionors appointcd "oy thc qunrtorly court to sorvc- nt
loast ono your o,r;<1 to mskc othor itzinevr chznnjos  
In 123oB tho _¤;cnora1 road 1:1*.*.* of 18-31 wais exgoiin a;i-n<1·:<1 so is to
provioc for ono COI.|IE11.SS101Li,1” to s·_/21;; i`-our ono j »··`. zur in ouch c1is‘tric·l,
L131S`to€.C1 of thrcc to sorvo for thro-     'Ihc bond ond tho oath
of cock cog;;;;i.ss1o1;1·;r wcro to to 1‘;¥.1cd with tho coi¤¤nty court clorl;  
111so uncicr this not of 1885, thc trustoc displaccd tho district
clorlzs as collcctors of tho highws.y tm; Tho nos·J,ssor'o cznrl co111;·ctor’s
  books r-rcro to novo coluzmis ruloci for thc o:·;to;1si-on of 1;};.1:; tux  
. 1 Tho trustco was to kcop on account of tho co11oct?on for ouch elistrict
, and to pay ovcr to tho district co pwissicnor ffunrlsx urs r¤3 >;id1y us co1··
`\   lcctions wcro onto, on tho condition thcrt tho co;;;.issj.o1ic1 had   1·on<1
`   [Lf thc c·.>v.;;issi.on1.;1‘· had fnilod to 11nE;.·; bond £11S1J\iI"S~*`o4211oS woro
to bc ;;&<1o by thc trustoc upon thc ordor of tho OU>,.`111:1.SS,1. onm (F  
{ Liao road ovcrscors   to work on thcir roguis CL su11`ici..nt 1w01».r
of dogs, not to czccccsl ton, ~oJ`i(;11 ycarjto hoop QI1<,~¤ in g*;o<;>r1 r,c}1 your, to 1r=@¢·1: 2:11
i.to2i1iZ»<1 St ttoiiiont of rocoipt; voii disburso<_1o¢1‘t:’r to thc: county ju1;jj».= or
thc c}io.;1r;c1an of thc: county court} this .Jt¢f-.`1L»;:;]'1'1J& to;jo·l;n}../1·with :111
vouc1w,rs to bo fi1c<1 in tho ofificc of tho county court c1 ;r1i (ISU),
2/; nots 18*1 chi 38, scm;. 10,
20, 1TT£`o.`,`f 731: . sv,
    18Pl1; c1: 118, soc, 1,
  Q[`o1<1,,   Z,
  §f5:`ia`1@¤,2, ox, $1;;,, Cn, 1:2,
$12;, EIT};  cg, 123, goo, 2;,
     
  jT2T21`., ¢;.¤_ :5,
JC. 1]*;id,, s/cs, T5, G,
~ . ev. TEE? Soc, :1,
_ ~Q—¤. .L.].L1.,, Z;C, lx,
 

 -4-
On or bcforc Octobcr lst of ouch your, ouch ovyrsccr was to furnish
thc trustcc o list of pcrscns subject to road duty in his scction with
*· notations showing thc pcrsons who had commutcd all or port of their tax
c   by wm; (40),
lj Anothor uct of 1885 suthorizcd thc qusrtcrly court to orgunizc u
I turnpikc commission, consisting of thc chairman of thc court or thc
county judgc ss chairman and two othcr mcmbcrs scloctcd by but not from
thc mcnbcrship of thc court (il), Bcforc cntcring upon thc dischnrgc of
their dutics thc commissioncrs wcrc to filo thcir oaths und bonds with
thc county court clcrk (42)_ Tho commission was to orgunizc by olccting
V ono of its mombcrs, othcr thun thc chairman, sccrctsry of thc hoard und
supcrvisor of thc worE to bc donc (45),
`Jhon und if thc qusrtcrly court sct up such o commission, it was to
lcvy a turnpikc tux of not morc than ton ccnts upon ouch hundrcd dollxrs
of tsxublc wcslth and s tux on privilcgcs not to cxcccd onc-fourth thc
total county tax on privilcgcs (ii), Tho tuxcs wcrc to bc collcctcd by
thc trustcc, and disburscmcnts of th- procccds wcrc to bc undo by him up-
on thc warrants of thc conrissionors (Q5), Iowcvcr, privilcgc tuxcs,
nornslly_ wcrc colltctcd by thc county court clork and paid ovcr to thc
trustcc and it is possiblt that thc county c urt clork continucd to
collcct this tux ond thcn scttlcd with thc trustct,
Thc commission wss rcquircd to kccp s rucord of all its ofricisl
Q 1 trsnsuctions, to rxskc "ull ncccssiry rcturns to thc Clcrl; oi" thc county
A - Court" and to mokc on annual rcport to thc quurt-rly court, which, to-
\ _ gothcr with ull vouchcrs, was to bc filcd in thc cfficc of thc county
` court clcrk (46),
u Tho road law of lcél was supcrscdcd in lSd5 (47). Th- quwrtirly
· county court wss dircctcd to dividc thc county into road districts und
to sppoint o commission.r lor ouch district to sorvc for ono ycnr (48),
I Boforc cntcring upon his dutics, ouch commissionir was to filo on owth
with thc county court clcrk (ao), but hu was n»t rcquircd by tlc oct to
‘ nuke bond. qithin ton days nft r his clcctiox ouch commissioncs wss to
P rccoivc s ccrtific to jivin; tho bounds of his road district (UO), n
duglicctc on which th. sl,riff was to gskc his rcturn was to bu filod
40, Acts l885, ch, 128 suc, 7,
41, iitTi`.`,"`ET§, 167,   i,
    Sts  
Q5. EEEEQ, suc, C,
Qi, iii?} s,c. 2,
       
QC, lhid,, s-c, C,
47.            
4;,   2_
50. lbi@,, ssc, 7,
*3

 -5-
\ in thc officc of thc county court clcrh (El), Exccpt for thc provision
~- that thc pay of a coymnssioncr was not to cxcocd ton por-cont of thc tax
¤* collcctcd in his district (52), thcrc was no dcfinitt provision for his
M Q compcnsation, Tho quartcrly court could rcnovc a connissioncr (55) and
V fill vacancics (54).
` dndcr tho act of 1885, thc comnissioncrs wcrc to appoint tho ov»r—
socrs for thcir districts, Bach ovcrsocr was to havt chargo of from i'.` ono
to fivc nilcs of road, Nithin ton days aftor his appointmont, oach ovcr—
sour was to rcccivc from thc commissioncr appointing him a ccrtificuto
giving thc bounds and class of his scction of road, thu farms or rcsi—
dcncos allottcd to cach scctionj and thc numbcr of days oach hand was
subjoct to road duty (55), Each road ovorsccr rcccivod a por dicn of ono
dollar but could rccoivc no pay for tho numbcr of days which all phy-
sically ablc malcs wcrc to work thc roads (56). Tho tcrm of officc was
ono ycar (57), Ovurscors wcrc rcmovablc by thc commissioncrs for
failurc to pcrform thoir dutics (58), All ablc-bodicd malc inhabitants
bctwccn thc agcs of cightcon and fifty wor; to wor} ~.·‘ upon tho roads of
thoir districts from thrcc to sin days annually or pay a dollar for cach
day of failuro to work (59), lnmatcs of thc county jail or workhouso
wort to bc workod on tho roads (GO).
Tho quartcrly court was to lcvy a highway tax of from fivc to
twcnty—fivc ccnts upon cach hundrcd dollars of taxablo propcrty in thc
( county and a tax on privilogos of not morc than onc—fourth that assossod
.> K for county purposos, to bc payablc in monoy oxcopt whcn tho quartorly
h court pcrmittod half thc tax to bc worhod out at tho currcnt marhct
\ pricos for labor (Gl), Tho taxts wcrc; according to thc act; to bo
. ° collcctcd by thc county trustoo (G2) and disbursed by him upon thc
writtcn ordors of thc commissioncr (G5), Again it is likuly that thc
# county court clerk madc thc initial collcction of tho tax on privilcqcs,
_ Tho commissioncr could contract with “any ta1—paycr" to furnish
labor or matcrial (G4). latorials could bo condcmncd by tho road ovor—
socr (G5). Thu coumissioncrs wcro to havo custody of th. road tools and
Gl, Lcts l8G52 ch 2, scc, 7,
. 52. .iT>i?1’j”ETT¤_ zo,
sz;. FEET,]   0,
5{_ diEEl,J scc, 5.
  iiilé`., soc. l2,
·     scc, zo,
57. TREE}; scc. l2,
    so :57,
GO, ibid] scc, 35,
ci. EEHTEQ    
cz:.     ras,
,4r—¤ C3. lT§2l,] s,c, QU,
i` @4,     cv,
  iiiiiiy   21,
7~ `“"`“

 -5-
l they could require bonds of overseers for the care of tools furnished
them (G5),
.l' An application for opening, closing. or changing a road was to bo
3) addressed to the commissioner of the district through which the road
l ran or was to run (67). Damages were to be paid by the applicants un-
‘ less "for good reason" they were assessed against the county (G8),
The road commissioners, were to classify the roads of their dis—
tricts into three classes, according to width, the classifications
to be entered by the county court clerk in a book kept by him for the
i purpose of making such entries (69), Each conrissioncr was required
to keep a record of all his official transactions to make "all
necessary returns to the Judge or Chairman", and to lake an annunl ro-
port, along with the vouchers for disbursements, to be filed in the
office of the county court clerk (7Q),
This law of 1885 did not apply to incorporated towns and cities
whose inhabitants were taxed for the upkeep of the streets (71),
The road law of 1835 was repealed in 1880 (72), Under the act of
1889, road districts were to be co-extensive with the civil districts
(75), The quarterly court was to classify the roads of the county and
to have the classifications entered into a book to be kept by the
q county court clerk (7d). The court was to appoint road overseers ench
· ** to have charge of from one to five miles of road (75), Qithin ten days
after his election, each ov rseer was to receive fron the quarterly
R court, through the sh riff, u certific to delimiting and giving the
` class of his section of road and giving the nrnes of persons subject to
' road duty under him and the number of days each hand was to Work. `·‘», The
sheriff was to make his return upon u duplicate to be filed in the
K c office of the county court clerk (76). Neither oath nor bond was re-
` quired of the ovcrsecr by the act, The ov rseer's ce;pensati»n uns to
- V be a dollar for each day of actual s»1vice above the compulsory duty rc—
quired of all (77). The ov-rscer was removable by the quarterly court
· (76).
All able-bodied male residents of the county h tp; n ·’i- the ug. of
eighteen 1nd c‘~. forty—five were to work upon the roads fron four to twelve
GC, Acts 1885. ch, 2, scc, l5,
4 ov. l`sld,_,•`sTo, 14,
C9. llT&l._ sec, ll,
70. TETHQ, sec, le,
  Eli? ieee, ci;. 71,
     
;· 74, lbid,, soc, L,
J-     Sec, e,
76, lbid,, s c, 4,
°7· 77,     zo,
76, Etgg, sic, 9,

 t -7-
days o your or psy sovonty—firo cunts for oooh day of fmiluro to work
` (79).
`¤* Tho quarterly court ‘.'."l‘.S to lovy 6. higglrsrcy tux; oi` botwo-.n flvo ;-rnd
twenty conts on ouch hundrod dollars of taxable proporty und u highway
tax on privilcgcs not to cxccod ono-fourth of “tho dssossmont undo for
' county purposos" (SO), Thoso taxes, according to tho uct, woro to bo
colloctcd by tho county trustoe (Bl) ond disburscd by him upon thc order
of thc county judgc or chairman of thc county court (82), hgwin, pro-
bably, the initial colloctions of thc tc; on yrivilogos wcro undo by
· tho c»unty court clork,
The road ovsrseor wus vcstod with pouur to condcmn motcriols nocdcd
ior road building or imintononco (85), Tho qu rtorly court mus to our-
chssc und havo tho custody of roud tools (Bd), The county judgc or tho
chairman of the county court was to sottlo with tho oxorsocrs boforo
Docombcr 20th of osch your and to givc ordcrs on tho trustoo for tho
accounts duo thom (85),
An oct of 1891 ropocled thc road law of 18oQ (86), This uct of
1891 ordorod tho quarterly county court to ditfdo tho county into ono
or noro rood districts ond to oloct s roud co;rAssionor for ouch dis-
trict (87), Doforc ont rin; upon his dutios, ouch commlssionor was to
filo sn octh with tho county court clork (Bo) but wus not required by thc
not to nuke bond, As componsption, tho connlssion r was to rocoivc u
O • dollar for ouch diy of actual scrvico sbov, tho nurb.r of days of com-
pulsory road sorrico (89), The torm of offic; was to bo two yours (QC),
` Tho coruissionor mss rcnovnblo (91) prosumubly by tho quarterly court,
’ · Vocsncics woro to bo fillod by the court (92).
{ Qithin ton days uftor his election: ouch comuissiontr vos to r~—
` coivo iron tho quurtoily court, through thc shoriff, u certific ·.~, to
» dofinin; his district (Q5), Tho shnrlff was to mxko his r~turn uuon
n duplicutc, which was to bo filod by tho county court clork (Q4),
. The oo;mission»r had gcnpral cwntrol ovor tho working of tho rowds of
his eustyict (oc),
1 79, Acts l8©Q, ch. 71, soc, E7,
co , 1‘o`fE,T“E?TTc , 2   ,
ci,   Silo,  
Y LQ. lhid,J soc, SO,
.2:;,   uc. 14.
      7.,
ca,   Soc, io,
cc. 7295 icoi C},. 1,
cv. iT5£E,`j"éT'¤, 1,
BL. `f;il,; soc, B,
@:1,   gc,  
. _ UO, lbid,; soc. 1,
Ul, §i;q§,J soc, O,
L2, lb d.; src, 3,
’a CZ,   BUY), 7,
or;. EET?.
DQ, Thigh sec, 5,

 -3-
— Tho usunl systom of working roads was spoorsntly hy road hands
\ working undcr roud ovcrscors sppointod annually by tho youd comnissionors
Q_ (96), `Nithin ton days sftor his opyointncnt, ouch ovo¤scor·was to rc-
ccivc from thc commissionor un orlc: dascrihiri his road suction (Q7),
Ls compensation, tho ovorsccr was to r CclVo c dollar for ouch diy of
_ actual sorvico ubovc thc numbcr of days of compulsory road duty (98),
Tho ovorsocr was to sottlo annually on or bcforc Dcccmhor 25th with iho
commissionors (99),
All cblo—bodicd mnlcs bctwccn thc ugcs of cightocn and forty-fivo
worc subjoct to from four to sight days compulsory labor as doer »d by
thc quurtorly court or to thc puymont of scvcnty—fivo ccnts for ouch
day of fuiluro to work (100), Tho road commissionor was to colloct this
oltcrnutivc tux in his district und to givo roccipts (lOl). Brisonors
in tho county jail or workhousc worc po bo workcd upon thc rouds (102),
A roid tux of from fivo to twonty—fivo ccnts on ouch hundrud
dollars of taxublo propcrty and s to; on privilcgos not to oxcocd onc-
fourth of thc "ussossmont for county yuroosos" wcro to ho lcviod by tho
quirtorly court (105), According to thc uct thcsc tuxos worc to ho
colloctcd by tho county trustco (loo) but again it is probcblc that
tho cou ty court clork Ando thc initiul colloctions of tho privilogo tux .
Tho prococds wcmc to bo spout in tic district whoro tho tlx wus usscssod
cxcopt that o. spccisl aallocaxtion of thc jirocoods of tho rzxilromd tug; wus
, to bo nado hy thc quurtorly court (l U}. Disburs»;cnts woro to bo mudo
• 2 by thc trustco upon thc warrants of t”c jUdQ¤ or thc chuircmn of tho
county court issuod upon tho writton oTdoTS of tho comnissionor (lOG),
K
' Tho road conmissionor was in chxrgu of tlc rocd tools in his dis-
4 trict and was outhurizod to rcquiro honds of >v.rscors For tho cwro of _
, tools cntrustcd to thou rs furthcr ind thc poxor .=‘ to condonn
96, ££ts_l§2ly ch, l, socs, 5, lf, Ll,
I 97. Ibid, soc, l2,
oc,     si,
oa. isi`.;   ic.
ico, TEE?.} Soc, quo,
r ioi, iiQ{i§,_ goo.   .
lU2, Ibid. s»c, 57.
loi, >fBEKi scc, 52, t '
lOQ, lhidx soc, dl,
loél.   scc,  
lOC. Ibid,} soc, @2.
lO7. lhid,, scc, l3,
  ico. Tiff,] soc,  
’ ico,   gcc, 0,
I W
Y Z" ,

 -9-
\_ nctoricls for usc in road building or nuintonnnco (llO),
\ •’ An application to opon, changc or closo z road was to bc addrcss`.
odJm thc roud commissioncr of thc district in which thc road was to bc
vi oponod or chcngcd (lll), Domugcs in conncction with such chan cs wore
to bc ssscsscd by 2 jury of viow conposod of thc comnissioncr and two
I froo—holdors/ and paid out of tho county funds, if tlc county judgc or
chairman dpprovod thc chungc (ll2),
Tho county court clork was to hoop n road rccord book showing thc
clsssific;ticn of all romds in thc county (lld) and to furnish to thc
comnissioncrs lists of pcrsons in thoir districts subjcct to rond duty
` (lld), Tho cogmussioncr was to kccp A rocord of ull his official trunc-
actions and annually to makc n comploto rcport of thosc to thc county
judge or thc chairman of thc county court (llb), Tho cornussionor's ru-
ccipt stubs und road ordor stubs worc to bc filod with thc annual rouort
(iis),
Evon though thc working of th, public rouds undor ovcrso rs scoms
to hovo boon tho norm; any soction oi ro·d, at tho dircction of tho
qusrtcrly court, could bv workod by thc road hands undcr thc dircction
of o pcrson opcratin; undor contract with o bo rd conposcd of thc judgu
or thc chairman of thc county court ind tho rodd commissionor of tho
district, Tho contractor was to bo bondod to this board (ll?).
r · ' nnothcr act of l8Ql nuthorizcd tho qu rt;rly stl, county court to
appoint tlmco connissionors who could omploy sngino rs rnd othor ox-
` ports to conduct o survcy of tho county road syston und to proposc
' inprovcmcnts (llo), Tho commission was rcquirod to muko u full r port
y of its n ·r., tivitics and rocomnondationsg thc rcporty upon bcing approvod
by thc qu rtcrly county court, to bo sprood on thc ;inut»s of thu court
, (ll9>. Uwon its approval of tho rcportt tho c»urt vis to ord r tht
_ shorifi to hold u gcnorol clocticn to dctormin. whothcr thoro should bc
n bond lssuc to obtain funds to financo thc roconm¤ud d improv~wtnts
' (l20), lf u fuvorwblo votc rosultcd, thc court was to ul »ri ct t ro. com-
missionors to odvortisu for bids for nokiH@ tho improvomcnts and to
· suporvisc tho projccts (l2l}, Tho co gdssion was to bm rcquirtd to
mokc dctailcd roports to tho co rt wt ouch of its scssions und) wt tho `
comploticn of tho wort, to mwkc 2 fin l r/port (l2Z),
llO, Acts l89l ch, ly s~c, 23,
in ,   , 142;,
. nz.  
11:1,     ii,
114, lie/`iT,_ sos, so.
ll5. lbid, soc, lo,
116. dTE;l,{ scc, EQ,
117.      
»‘~ » llC, nots l?Ql cl, Ell,
     
izo. lilo, scc;. o 7.
7• 12;,   soo, 2,
12:2.   sic, o,

 -10-
An act of 1899 diroctcd thc quart rly county court of ouch county ,
‘ with a population of loss than ono hundrcd and ton thousand to ro-
` §_A orgnnizc tho administrativc sct-up for roads at its scssion in Janurry
\ _ 1900 (125), At this timc_ thc court was to sopoint a frcuholdcr oi thc
ty county with cxpcricncc in roud building as road connissionor lor thc
, county, Bcforc cntsring upon his dutics, thc commission r was to tako an
oath bcforc thc county court clork (12%), but hc was not rcqulrcd by tho
act to nakc bond, Tho commissicnor was to rocoivo a por dicn ‘·c· »f oro
dollars, but ho could not rccoivc morc than a hundrcd and twcnty dcllcrs
a yoar in any county with a population loss than twcnty-fivo thousand,
moro than cnc hundrcd and sovonty dollars in any county with a population
bctwocn twcnty-fivc thousand and fifty thousand, or uorc than two hun-
V drcd and forty dollars in any county with_a population in uxcoss of fifty
thousand, Tho tcrm of officc was to hc two yours, Tho comnlssionci wus
rcnovahlc by tho quarterly court for misconduct in officc or ncgloct of
duty (125),
By this lawc thc offico of ovorsccr was abolishod and provision
nadc for worhing thc roads undcr contracts with tho lowost hiddors, Bids
wcro to hc opcnod and contracts awardod hy tlc road comnissionor and tho
county judgc or thc chairman of thc quurtorly court, Tho contractors
wcrc to bc undcr bond with tho corsnssionor and thc judgo or chairman
(126),
i ' All physically ablc malc rosidcnts of thc county hctwocn tho agus
of oightccn and fifty wcrc to bc subjcct to road lahor) thc nuntcr of
( __ days prcsumably to bc spccificd hy tho quarttrly court, ln licu of
‘·` _ labory a rosidcnt could pay thc contractor or thc ccxtissionor fifty
ccnts for cach day of failurc to work. Prisonors ·.=. tors to ho worV¤d upon
thc roads " as for as practicab1c“ (127).
Tho quartcrly court was to lcvy a highway ta; of hctwo n flvc and
’ forty cunts upon cach hundrcd dollars of taxablc proporty in tht county
· (128), This ta; was to bc colloctod by thc trustco und dishursod upon
_ thc warrant of tho jklflgc or chairman (1.29). Tho judg, or cha·.i1i;z:m ¤.r~‘».r;
( to nslo to tho qu rtcrly court a quartcrly rcyort of rlcoiotr und dis-
hursomonts of tho highway non y (150),
V 2-31 €lp]’>l.lODItj.On for oplsigjmpj, closing; or clzienjilnpl Cs. road Wigs to lv';
addr,sscd to thc road comnission,r, haha p3 nor »`,· to bw noscssod hy thc
· co nissionor. Tho comnissioncr was to f`lu 2Q; pctition: and tho
asscssncnto of dama;,s with tht qu rt,rly court for its cousidcrution
(isi).
120, huts 1899, ch, E60,
l2&. l?YY1.—__`_
izs,   Sig. ;,
  `igtiii,   4,
’$ ‘ 127, itl?Q, s,c, 7,
YES. ltlix, scc, 5,
l50, ibid,
isi, `iiii`,   s,

 -1;-
~ Tho contractor was to furnish all matorials nocdod for road main-
\p tcnanco, including matcrials nccossary for small bridgcs (132), Tho
gh Gounty's road tools wcrc to bo sold at auction (135),
_jh Tho commissionor was roquirod to mako quartorly rcports to tho quar-
_ torly court showing in dotail tho amount and naturo of tho work dono
during tho quartor; to mako an annual rcport to bc sproad on tho minutos
of tho court showing tho work donc and tho classification of oach road
in tho county; and to mako a roport at tho ond of his torm (ldd),
An act of 1901 authorizod thc quartorly county court of oach county,
oxcopt Knox, to appoint a turnpiko commissionor for ouch turnpikc ownod
by thc county and, also, a county turnpikc suporintondont (155), Tho
salary of tho suporintondont was not to cxcood fiftocn hundrod dollars a
yoar (l35); that of cach turnpikc commissionor was to bo ono hundrcd
dollars a ycar (137), Tho supcrintcndcnt was to bc undor a bond of fivc
thousand dollars with tho county court clork (158), Both tho turnpiko
suporintondont and tho commissicnors wore to scrvc for four yours (l59),
Thoso officials worc to soo that tho county turnpikos woro kcpt in good
` condition, Work could bo dont by tho county through its own omployoos
or dono with lowcst biddcrs (140), No rccordo wort roquircd of thcso
officials by law,
Undcr anothor act of l90l, in January 1902 tho quartorly county
· • , court in oach county having a population of loss than sovonty thousand
' was to cloct for ouch civil district a froo—holdcr of that district
with oxporionco in road building as road commissioncr for that district
, I (141), Bojoro cntorin; upon tho dischargc of his dutios nach road
commissionor was to subscribc to an oath boforc tho county court clcrk
4 and to maho a bond, prosumably of such sito as tho court ordorcd, Each
i commissionor was to rcccivc a dollar for oaoh day of actual sorvico, but
_ could not claim pay for morc than ton days a yoar (ld2). Prosumably a
road commissionor was rcmovablo by thc quartcrly court,
Roads wcro to bo workod undor tho dircction of ovorsoors appointcd
by thc district coumissioncrs (145), oxoopt that thc quartorly court
could dosignatc ocrtain thoroughfarcs to bo workod undor contract with
l32, Acts l899, ch, 560, soc, l0,
  `iEEE1`,`f`§J¤, io,
loé, ldH?l.j soc, 8,
,   IHTQ iaoiz ch, ics) goes, 1; a,
iso,   ssc. 1,
l37, ibid}; soc, 5,
15;;,,     .2,
ldQ, i%TT,A socs, lj 5,
lé0, lbid, soc, Q,
lél, itTE—l00l, oh, l3C: scc, l, Strictly this was a local act, Acts
»4 * lggl ;ch,l;“ochnically rcgaini