The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-20
THE NEW ROAD LAWS
FULL TEXT OF TWO MOST IMPoR-
TAM OF THESE MEASURES.
Lognnsport Does Not Like the water
Works Law-Numerous Demands
for Certified Copies.

the laws that were passed and kilograms
demanding TO know why he does not for
ward the certified copies asked for. 1t would
take fifty stenographers. he says, to keep
up with the procession in this regard. The
water works bill, which crept through the
Legislature without much public interest in
the question, has now aroused a strong in
terest in nearly every city in the State.
The law applies only to cities of less than
1900 population. 1t includes Mr.. Wright's
town, therefore, the census on which the
question turns having given Logansport a
few hundred less than 1900. This was not
desired by Logansport. and things are said
to be nightly upset there.
The Secretary of State received several
letters yesterday asking if the bill relating
to the close season in lakes for fish, as pub
lished in the mornings Journal, was cor
rect. 1t was correct, and was printed from
a certified copy of the law as obtained from
the Secretary of State. The laws given be-
low are certified to be correct by the Score
tary. They relate to the roads of the State.
There are six or seven laws passed on this
subject, but these two, as printed, are those
about which the inquiries principally CEN
ter. Senate enrolled act No. EOS, amending
the act of March 3, 1898, concerning the
construction of free gravel, stone or macad-
anized roads, and declaring an emergency,
reads as fOllOWS:
Section l (as amended). The County Com
mlssioners of any county in this State, when
petitioned therefor by fifty freehold citi-
zens OF any township or townships %contigu-
GUS to each other, including therein any
incorporated towns or cities of less than
thirty thousand (o0,o0O inhabitants in such
county where any such road or roads are
to be improved by grading, crawling, paw
ing with stone or macadamiZing material,
shali o submit tom1 sb to the e. voters vote of said ditto, town n
fall election, or at any special elections
which may be called by the Board of Coun-
ty Commissioners when no spring or fall
election is near at hand, giving at least
twenty days notice in a newspaper of gen.
eral circulation published in said county,
if there be any, and by posting up written
or printed notices thereof (Which posted
notices shall be sufficient in counties where
precinct in said township or townships,
town or city, the question of building such
road or roads in such township or townships
in such county. At such election each voter
who is in favor of the construction of such
Building of road-Yes," and each voter OPP
posed thereto shall inscribe on his ballot.
Building Of road-No." The vote on said
question shall be certified by the proper
officers Of said election to the Board of
County Commissioners of the county, and if
at such election a majority of those voters
such road or roads the commissioners shall
at once proceed to the construction of the
same, but not otherwise. Provided, that
after such petition shall have been so filed
by the fifty free holders, as aforesaid, and
| D6IOTe lle tleCtlOH III III QutSllOl snail
be advertised, it shall be the duty of such
Board of County Commissioners to appoint
a surveyor or engineer, or both If necessary,
of such county, if such there be in said
county, if not any that can be secured else
where in the State, and two disinterested
freeholders OF the county as viewers, to
locate and view such proposed road or
roads and determine the width of the same,
make a profile of the grade, determine the
penalty and depth of gravel, stone or other
material to be used. and make an estimate
of the cost of construction of said road or
L nQd 1nnlildlnO hTi6OaG GIlINlffS 6ra ING 90
and all other things necessary for its or
their conviction; and provided, further,
that said viewers shall not be required to
assess damages to any person or persons
except minors, idiots or l~unatics, in conSe-
property for the making of said improve
ment, unless the owner or owners thereof,
or their agents, shall have filed a written
application with the viewers, giving an ac-
curate description of the premises on which
damages are claimed by them within ten
days after the completion of the survey of
said road or roads by the said viewers and
engineer; and provided, further, that all APP
plications for damages shall be barred un-
less they are presented as above specified;
and provided, further, that any person or
persons feeling aGgrieved by the assess
ment of damages as aforesaid made may
demand of the commissioners to have the
same assessed by jury, which jury shall
be composed of five disintereSted citizens,
two of whom shall be chosen by the com
missioners and two by the claimants, and
after being duly sworn for the faithful dis
charge of their duties, shall examine prem
ises and determine the question in dispute,
and their decision shall be final; provided,
further, that if the amount of damages
awarded by this jury is not 20 per cent.
greater than the amount assessed by view
ers the claimants shall pay all costs made
by said jury, The said viewers and jury
shall at the next term, whether regular
port their proceedings as to location, length,
plans. plats. profles, together with an es-
ing all damages assessed, which report
shall be published in full in some newspa-
per of general circulation, published in such
county, for at least four consecutive weeks
preceding such election, and written or
printed copies of said report shall be post,
ed in each of the voting precincts of said
! township or townships, and if there be no
newspaper published in said county then
the posted notices shall be sufficient. and it
shall be the duty of the Board of Commits
sioners to submit the question to the voters
the petition of the fifty freeholders afore-
said shall clearly and definitely describe the
beginning and terminus or each road or
eral direction of all roads, together with
their measured or stimate distance. If
any part of the road or roads is to be new
road or roads they shall be described with
a defniteness as will enable any practical
land surveyor to locate them, provided,
further, that the petitioners shall pay all
costs of election.
Sec; 2: Be it further enacted. Ihat Sec
ton 2 of the above entitled act to be amend
ed to read as follows: Section 2 II the
said petitioners desire to have improved
more than one road or part OF road, which
are disconnected, it shall be lawful for them
to include descriptions of all of said roads
or parts of roads in one and the same petit
ton. and all of said roads and parts of
said roads shall be voted upon as a unit
If two or more petitions are pending at the
same time they shall be voted upon. at the
same election. The ballots for each petit
ton shall clearly designate the road for
which the voter intends to vote.
Sec. 3. Be it futher enacted, That Sec
ton 5 of the above entitled act be amended
to read as follows: Sec. 5. For the purpose
of raising money TO pay for such construc-
ton the Board of Commissioners shall issue
the bonds of the county for the full amount
of the contract in denomination not less
than fifty dollars each, in ten equal series:
the first series payable in one year. the sec
ond series in two years, the third series In
three years, the fourth series in four years,
the fifth series in five years, the sixth Sc
ries in six years, the seventh in seven years,
the eighth in eight years. the ninth In nine
wears. the tenth in ten years from the 18TH
day of November after the date OF their
issue. said bonds bearing interest not higher
than s per cent. per annum, and interest
thereon to be paid annually on the fifteenth
day of November. The county treasurer
shall sell bonds at not less than their face
value. and the proceeds shall be kept as a
separate and specific fund to pay for the
construction of the particular road or roads
for which they were issued. and snail be
paid by him to the contractor upon war
a,+ of tba o,tdffor as directed by the Board