The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-30
ROAD MAINTENANCE.
Provisions of "a Bill which VIII he
offered at the Coming Session.

Provisions of Bill Which Will BE
offered at the Coming Session.
Mr.. John T. Campbell, of Rockville, has
prepared a bill for the repair and mainte-
nance of free gravel and other improved
roads. which will be offered for the con-
sideration of the Legislature. The complete
measure is herewith given:
''An act TO regulate and provide for the re-
pair and maintenance of free gravel roads,
macadamized, Telford and other improved
public roads by contract under specifica-
lions; providing for payment Of damage
to contractor for their injury and fine re-
pealing so much of other laws as will al
low this act to take effect, and declaring
''section l. Be it enacted by the General
Assembly of the State of Indiana. That as
soon as practicable after the taking effect
of this act, the board of county commits
sioners of each county in the State which
has improved roads to maintain, shall cause
plans and specifications to be made, showing
maintaining such repair of the improved
public highways in the county for term or
one to three years by contract, with suffi-
Sec. 2. The board of commissioners may
employ q competent engineer of experience
in the construction and maintenance of such
roads to prepare plans and specifications for
the repair of such roads as basis from
which TO work Any material or COM
repair and maintin such roads as is
known to be efficient for the purpose; and
on any road or roads where there Is mucn
wear by excessive or unusual use, the board
may try experiments not exceeding one thou
sand feet in length of roadway, by using
new and untried material, or new c0mbina-
ton of materials, and it, after a fair test,
such experiment shall be found to be prac-
ucable and economical, cost and efficiency
being considered, then such experiment may
be continued the same If previously
known as efficient This shall apply as well
to plans and manner of using or constructing
as to materials. The plans and specifications
m he 1pn and or 10 oil dc nd
also special as applicable to certain roads or
parts of roads.
Sec. 3. The board of commissioners may
also receive, consider and adopt the plans,
specifications and materials of any person,
nrm, company or association, for the repair
and maintenance of any particular road or
roads or parts thereof in the county, pro-
vided that such person, firm, company or
association shall enter into an obligation
with approved security to so repair and
maintain such road or roads with such pro-
posed plans, specifications and materials for
term of one, two or three years for a
specified sum of money
Sec. 4. When roads are let to contract
ors to be repaired and maintained, they shall
be so repaired as soon as practicable there
after and continuously maintained as re-
paired. Such repairs may or may not include
change of location of the roadbed, reduc-
ing the steepness of gradient, renewal of
WORKOUT or damaged bridges or other bet
terments of the road over what it was at
the time when the repair was contracted
for, but If so Included it must be set forth
clude replenishing the waste of wear of
grade, gravel or other paving material, Gull
verts, sewers and bridges; also, the filing
of rutA and other depressionS that will
catch and hold water from rains, thaws or
overfiows The roadbed shall always be so
shaped as to prevent water from running
Iongltudlnally with the road from rains or
surface thaws.
Sec. s. Any person or persons who shall
lnJure any road after contract shall have
been let for repair and maintenance shall
be made liable directly to the contractor.
and no property of such person so injuring
a road shall be exempt from execution to
pay Tor such injury to such contractor aft
er a Judgment TO that end by any court of
competent jurisdiction shall have been rem
dered. And where such injury shall be re-
covered by suit, fine of double the amount
OF the adjudged injury may be added by the
court: 1t is the purpose of this section to
permit the use of the roads and at the same
time punish the abuse of them, either by
travel, hauling, obstructing, Overlooking,
railing trees in or acros Them backing water
against them or by causing washouts. Any
person charged with injuring a road
by travelling or hauling over it may
SHOW that such road was ineffi-
GENTLY repaired or maintained and was
inadequate to the travel and hauling it was
made to accommodate, as a Mitigating cir
cumstance, and upon the proof that some
other road or part of the same or other
roads mad stood the same or greater test
under the same or worse conditions, without
injury or less injury, the court shall consid-
er that fact in rendering a verdict also,
some roads have been paved and of which
they must be repaired and maintained as a
reason why they should not be put to a test
compared to other and better roads 1t is
hereby made the duty as well as the privi-
iege or any taxpayer in the county who
may know that any road or part thereof
Is not being or has not been repaired or
maintained according to contract to COM
plain to the board of commissioners who
upon written complaint being so made to
them, shall investigate the same and if
found TO be true shall enforce the terms
OF the contract. AND any person knowing
inc short repairs s or maintenance to be
contract, or having easy means or oppor-
tunity to so know. and shall fail to so com
time, shall be estopped from pleading inef-
tieient repair and maintenance in reply to a
complaint for injury to such road
Sec. o. When the work of repair is
approximately half done the board of COM
missioners shall allow one-third the contract
price therefor; and when wholly done and
accepted shall allow the remainder of the
fist half and two-thirds of the last half
When the road shall have been maintained
for months, the remainder of the last half
for repair shall be allowed and one-fourth
of the maintenance allowance for the first
year. AT the end of eight months four
twelfths of the whole year shall be allowed
At the end of one year, If that shall be the
limit of the time of maintenance, the re-
mainder shall be paid: but if for a longer
term then one-twelfth of the yearly allow
ance shall be held back at each period of
four months till all is finished. At each pay
n ent the board of commissioners shall be
satisfied that the contract has been sub
stantialy complied with.
Sec. Z. This act does not repeal any
other law for the repair or maintenance OF
free gravel or other paved roads only so far
as 10 permit any road or ROADS or parts
thereof to be repaired and maintained under
the provisions of this act; and any road,
roads or parts OF roads which may not be re-
paired and maintained under the provisions
Of this act shall be so repaired under the
provisions of the law now in force, or any
other law enacted for such purpose.
Sec. s. Whereas an intoera BILE abuse
has grown up under the law heretofore in
force for the repair and maintenance of free
gravel and other paved reads, by untimely,
inefficient and expensive repairs, an emer-
gency is hereby declared to exist for the inn
mediate taking effect of this act; therefore
It shall be in force from and Immediately
after its passage and approval
Early yesterday morning a red-hot stove
set fire to the double house at Ms. l5l5-l5il
L l.