The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1855-09-29
For the Journal.

tam him in the position he has taken in re
gard TO the McCutchansvile road Since he
has done so. | wish to make few remarks
IN reference To il, for their cOnsderation -
Esq. Way claims that the McCutchensville
rohd is free turnpike, and subject to all the
provisions OF law governing such roads Now
claim tIa! such is not the case. would
like To know at what particular time the
M:Cutch ,nsvile state road was converted
INTO FREE turnpike. In 1873 there was an
act lSSed by the legislature. authorizing the
county commissioners Of Wood county to
levy "a certain special tax on contiguous
lands along the road, for tha purpos, of con
S'rucunS and making COOL road - that part
"i the McCutchenSville state road lying be-
tween Perrysburg aud The south line of Free
dom township. Mr.. Way says he is the IA
thcr Of that bill. The index in the special
laws OF lSl3, referring to that act, is under
The .'adng of 'state roads, - the title of
til: act calls il a state road; the act itself
50 calls it AMI so treats it, showing conclu-
Slyrly aud bayond all doubt that it was so
understood by the legislature and by all par
ties at that time. 1t cannot be claimed that
The above act was one Of the special acts Of
the Legislature for establishing free turnpikes
for IN every instance where they established
such roads by special legislation, from 1912
mp 70 lSi3 when the general free turnpike
law game IN force, they were called by that
name. 1t was new system adopted by the
legislature for making roads. They were
called by new and different name from any
other roads. and they are laid out and gov
erned by new and different officers from anv
other roads in the state of Ohio. The new
name (free turnpke) that was given to such
roads, with their peculiar form Of govern
mant, was intended as Il marked distinction
between them and all other roads, and all
the general laws now in force for the govern
inent of such roads, cannot control state
or any other road except free turnpikes, so
named and established By special legislation
or by the action of the county commission
rrS as prescribed by law for that purpose
The several acts in the statutes of Ohio for
establishing and governing free turnpikes
point out bat one mode bv which such roads
can be established, or by which state or
any other road can be converted into free
turnpike. That mode is, by petition from
majority of the landholders immediately
interested, to the county commissioners Of
any county, asking for the appointment Of
road commissioners to lay out and establish
tree turnpike. If the county commission
ers are satisfied as to the necessity Of the
road, and all the forms Of law have been OBJ
served by the petitioners, the county COM
ni$sioners can appoint three competent road
commissioners TO establish and take charge
Of the road and the road commissioners
become body corporate, capable of sueing
and being sued. Such is the organization Of
0'I free turnpikes that have been established
either by special acts or under the general
free turnpike law. Mr.. Way may say, and
try to make people believe, that the McCutch-
rusvilIe state road is free turnpike, but he
has not one iota of evidence to sustain him
i'll that position.
There is another difficulty in treating the
McCutchensville state road as free turnpike
besides its not being one. The amended
clause in the statutes, (that Mr.. Way con-
aiders very just one,) prescribes that all
taxes collected for the benefit of free turn
pixies, shall be expended in the townships