The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1867-05-23

uOoS cOuloE pOWer upVu Iuo OOunIy
Commissioners. to create, in the
manner therein prescribed, corpo.
rations 10 construct turnpike roads
within their respective counties.
1t prescribes the duties, powers
and limitations of such corpora.
tions,. and regulates the manner, and
provides the means by which such
free turnpikes may be constructed
and maintained. / am clear that
its provisions in no wise conflict
with the Act Of March 30; both are
indeed upon the same subject; the
one authorizes the County Com.
missioners to improve an EXISTING
State or county road in the manner
prescribed; and the other author.
ICES the creation Of corporations fol
the construction of free turnpikes
They lodge the authority they con
fer in entirely different hands, and
provide very different modes o.
proceeding to secure the end de
sired.
Would it bo advisable for you tc
proceed under this Act of April Is
to secure the improvementyou con
template?
/ think not, for the following
reasons:
l. The assessment for the con.
struction Of a free turnpike, under
this act, is limited to "extra taxes
levied upon ALL property real and
personal, within one mile of said
free turnpike road, on each side
thereof"
2. The entire amount necessary
for the construction of the road
must be levied and paid within
THREE years, provided the necessa'
ry amount can be raised in that
time by an annual levy Of ten mills
on the dollar valuation; if not, al
tho end of three years new peti
tion must be presented, TO continue
the levy for three years longer
3. The great burthen which these
provisions impose upon the limited
amounts Of taxable property along
the line of the proposed road, and
the uncertainty Of procuring ma
jority Of all the resident land hold.
ers along the line, to renew the Pc
tition for the extension OF the levy
for another three years. should the
same fail to be paid for in the first
period.
These considerations leave us
therefore, only the law of March
29, under which to proceed with
the construction of your contem'
plated Improvement; and there re-
mains one or two questions tor ex-
animation.
You propose to straighten. grade
and gravel the State road leading
from Lancaster 70 Circleville, be
tween the village of Cedar Hill in
Amanda township, and the city o.
Lancaster, both in Fairfield county
Cedar Hill and Lancaster being
the termini.
Now, inasmuch as Lancaster
lies within two miles of the contem
plated improvement" must the
''land holders" within its corporate
limits join in the petition to be pre-
sented to the County Commission
ers, and must its real estate be as
sessed to construct the improve
ment?
This question, owing to the wan
of clearness in the language of thu
statute, is not without difficulty o
solution. The second section o
the Act provides:
"Before the Commissioners o
"any county shall order any i'm
"provement mentioned in the frs
"section of this Act, a petition shall
"be presented to thom at any reg
"alar or called session, signed by {
"majority of the land holders resi-
"dent within said county, who's,
Glands will be assessed for the same
"as hereinafter provided" 4 y
The fourth section says:
e x Provided, that no land
"shall bc so assessed which do no
''lie within two miles of the con
"templated Improvement"
And the ninth section 10 as fol
lows:
"When any road 10 be improved
nunder and by virtue of this Act
"begins or terminates in o city o.
incorporated village, the corporat'
authorities Of said city or village
"may, upon the recommendation o
"the County Commissioners, (i
"they dec m the same expedient,
"agree to pay in bonds of said cit.
Tor village, in the manner and pro
"portions described in the seventl
section of this Act, in addition t
"any amount that may be dSSeSSe,
"upon the real property Of such uil
'Fdge, by virtue of the'provisions Q
"this Act, an amountn not exceeding
zone fifth of the entire cost of sal,
"road; provided, that the entir
"tax to be imposed for road pur
"poses by virtue of this section
"shall not in any one year excee
"iive mills on the dollar Of the tax
sable values Of said city or uilldge.
Examining the second and fourt
sections without reference to tn
ninth, and It would seem clear, tina
the real estate of Lancaster is in
cluded, and must be assessed; an
that the holders thereof must joi
in the petition.
But when these sections are ez
amined in connection with the pre-
visions Of the ninth, very grea
doubt is cast upon this interpreta
tion.
If;t WAS in laOialaiive contem