The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1867-07-18

converge TO the cltIes nom oil parts Of the re-
spectiye counties, say II 10 90 or more 20 each
atlon-Now the firpt part as slated above Is true
There may Be nom IL 70 20 such roads CON
verge TO city. But the second part or CON
clusion 10 miserable low iallacy. Forif there
oe or 100, such roads so built into a city, the
assessment Z assessments Willie Just accord
ing to the benefit such city can reasonabl, de.
rive thereffom. Such the plan letter and spirit
OF the act sec 6.
And the probability ofany respective county
soon being mapped with such roads, together
with sli other circumstances, " Just what the
three disnterested freehold viewers, in max.
ing their apportonments and assessments are
bound to fully consider; and any other theory or
surmise.is low imputation upon the integrity
and honesty, or the Judgment and good sense
ofsucl viewers and appraisers.
But let II not be inferred from this, thai the
appOrtlonments and assessments, upon cities
and villages, should be light or mere nominal
things, for let 1t be remembered, that the same
Legislature that ordained this act, solemnly
adjudged, free pike roads ofSuch vast impor-
tance to Ocities and villages, that by special law,
II authorized all incorporated villages, (up 10
5000 ofa population, but a little less than Lam
caster,) TO proceed and build such roads, all vi
their own expense--Laws, 1867, pp, "a aud 100.
Also, cities OF the first and second class, ~
their City Councils, and for Inconvenience and
utility of such roads thereto, to render addi-
tional aid for the construction OF such improve
ments, within their own and all adjoiningcOun-
ties, to the full amount OF lis the total cost Of
such oad-Secs. o Il TO- Also incorporated
villages from 1000 to 1000 inhabitants, toexpend
any sum not exceeding SlO,d00 W for the inn
proyement OF any public highway leading to
suchtoyn.-Laws, 1867, p. 2l9,
And here the question very naturally arises,
IA IL a fnr1 n
form and establish TO and from the DldrtS Ofthe
country, the great and Indispensable arteries
and avenues OF The wealth, produce and com.
merce the land and "toling millions"-and
unto which alone, the towns and cities ofthe
country can look for their growth, wealth and
prosperity. And, in word, # cities and vii.
lagos can AFFORD to do ALL or even half. proposed
by the above legislation, can they not a for
ifior"-weli afford to do their just share in the
first instancel
5th. Another matter which deserves a slight
notice is: How shall cities and villages JOIN in
the petitionl Shall eschjndyidual sign, or ia 1t
within the power OF the City Council, &c. The
law is not satisfactorily clear on this point, yet
itwonld seem fairly to lie within the power Of
the Council for the reasons following.
list. Because. as to cities and villages, tits
peculiarly matter Of ipubllc and general ben.
eft, and promOtive Of the general interest Of
such city or village and IN such case ~ IN no
sense an individual interest. IL should there.
character, by the city or corporate authorizes.
I'd. Because any 'other course" would he
imperative and impractical, both in procuring
the names to the petition, and in making any
other than general, and uniform assessment
upon the realty. Bringing 1t plainly within the
rule, ''that statute shall he so construed as to
make it operative, rather than defeat it,"
Sd. Because by the sad Secs. and 10, the
additional assessment, to the l the cost Of
such road IS further extension ofpower, and
the authority to take which, &C., IL directly
placed in the hands of the corporate authorities.
| It can therefore, be fairly and reasonably pre-.
sumed. that as the Legislature gave such au.
thOrites plenary power over the excess, that
they intended such authorities should exercise
full power over their due proportion, 1t is in the
nature Of "the greater including the less,n the
greater power at least preaumes the less.
4th: Because, every act OF the session, and
all laws upon this subject, where they are def
mite upon this point, whether to build part, or
the whole road, Places this power dlret tly in the
hands Of the city uthorites, and brings it un.
| der the rule Of construction, tO.witi "Consist
ency and uniformity IN Legislation
9Th. Are the provisions this act Of Goth
March, 1867, just and wise i-for there can be
nothing gilmore vital importance to the people
work of"Home Improvement" under an act
most just and wise in its provisions, and practi.
cal in its operations.
| We will look at its merit, generally, and by
comparison. LIST. Generally, such roads ara a
special benefit 10 all communities through wh.ih
they pass, and general benefit to the public a,
large accordingly, by this net, such roads are
built by special taxation upon the lots and lands
within the vicinity, except the preliminary sur
vey. proceedings, reports, &C.; the expense
whereof rs paid by the county at rge-sec. 4,
&c. And should any one think this genera, tax
not sufficient, II he will reflect, that while 9TH
ers travel our roads, we travel theirs, his delu.
sion will quickly vanish. So in great State
| like Ohio, where roads are so numerous aud OF
such varied directions, and the surface so bro
| ken, some tracts Of land within the vicinity e
miles,) must be benefited by such an improve.
ment, more or less than others; accordingly the
| cost shall be assessed upon the lots and lands
| (considerngail things,) according to the meas
ure OF benefit thereto by such road,--Sec. q.
| The improvement shall be let to the lowest
| and hest bidder, IN sections not less than ona-
| lialf mile, to be done under Superintendent
Sec. s All laws should guard against extortion as
| well as oppression; accordingly the viewers and
appraisers, in fixing the line OF the road, in as.
sess'ng damages, valuing materials, apportion.
| ing the taxes, and for all other purposes, shall
be disi Interested freeholders OF the county, duly
appointed by the County Commissioners
| 2, 0, II, &C. So with such unbounded faith as
| all reasonable men must have, ofa pure, sound
judgment in such selection by that "Hon
Board" How could the wit OF man devise
more certain rule Of iusticei
The work can proceed forthwith by the bonds
ofthe county, not awaiting the slow process of
taxation, and thus by the great benefit from the
use of the road, the people may have their
money back into their honest pockets before
they are called on to pay the tax, Sc.--5ec. u
in same Sec, ample provision is made against
squandering said bonds, fraud by contractors
and for keeping the roads in good repair. Sec.
. likes a reasoLabl maximum pnce for labor,
giving null scope FOR economy and competition.
Sec. II opens wide the door for all manner Of
subscriptions and donations, so that should
there be one, whose heart could swell with an
emotion. "prO bono plbico," blessing both
man and beast, he can accommodated They
/ are "scace."
laws on this subject; the one above 0i March
Goth, 1867, and that Of April 10th, 1867. They
nre, as intended, very different laws, but from
Their same subject matter, have points and
qualities common to both, between which,
comparison may be fairly drawn. The former
act l. PLAN and simple; The latter, Il mile law,
p. III, 80, Laws lSG7.) is intricate and utterly
impractical; indeed II seems TO presume that
a pike will spring up, without any other than
the ordinary road fund. The former taxes lots
and lands according to their benefit from such
road. The latter taxes all property within its
bounds, Z mile,) the same, whether near or far,
or cut of by an impossible ridge, mountain
river, or swamp. The former gives all land.
holders resident within the county. whose lands
may be taxed, voice, Sec g. The latter gives
"bounds" of the road, altho' persons outside
thereof, yet with in the county may own three
iourths ofthe property to be taxed, &C., Secs. ],
Q, and 90.
The former keeps the road in repair, as other
highways, by the road fund, two days labor COM
mutation, &c., Sec. 7. The latter consumes all
the labor, road fnnd, commutation, &c., within
Its bounds, Sect. Hence, all "township roads,"
cross roads. &c., must go down. The former
taxes lots and lands within two miles, Iust &C.
cording to the benefit thereto, whether situate
at the sides, end, or corners. The latter taxes
that property not one cent which happens to lie
one rod from either end OF such road, although
the owner may have more property, within one
mile Of said road, and travel said road therefor,
onener and further than any ono else. And by
theact ON PIP. "a 4 100, Laws Of 1867, incorporate
villages, up to h0O0, situate Mt the termini OF
such roads, build all such roads at their own
expense, by the latter, Il melaw, y when so slt.
uate, they build none 80, consistency ~
And finally 1t was by this Infamous some mile"
law, under q "ioild rule Of legislative construc.
ton, that sneh belabored effort was made 10
"confne" the two mile law, within right.angled
lines thereto; at the termini for the benefit oil
citias 40. LEY vi II DIInl III