The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-02
The Highway Manuals Of 1893 and
1904.

4OO4.
The title of Chapter $50 of the Laws Of
New York for the year 1904 is this:
An ACT 70 provide for the publication and dis
trbution Of . compilation of the highway laws
without expense to the State
Beneath this misleading title is printed
the statute approved on May by Gov
Chairman BENJAMIN B. ODELL,
Jr., in defiance Of the opinion Of the
Attorney General Of the State. under
which CHARLES II. BELTS OF the Odell
State committee is now preparing to
reap a profit Of $4,000 from the tax
payers OF the Commonwealth through
the medium of a new edition of the high
way manual first issued in 1893. The
plain intent of the title OF this act Is to
delude the public into belief that no
expenditure Of the taxpayers funds
will be required for the manual, whereas
the fact is that the statute proposes TO
extract $s5 900 from the citizens pockets,
but to extract 1t in the form Of local ex-
penditure instead OF State expenditure.
To the taxpayer the bookkeeping meth
dds followed are of little interest. The
point OF importance to him is that Of his
income q slice il to be taken under the
form Of law.
The first highway manual was COM
piled and distributed under authority of
Chapter eS5 of the Laws Of 1893, the title
of which is:
! An Act In relation to the publication and dis.
trtbution Of the highway law
ROSWELL P. FLOWER was the Governor
who signed the statute Of 1893, and he
did not find it necessary to attach mis-
leading title to it. Thus in the very
titles Of the two acts there is evidence
of their radical difference; and ROSWELL
P. FLOWER did not sign the act of 1903
in opposition to the opinion of the chief
legal officer OF his administration. Ex-
animation Of the two statutes reveals
further differences.
The act Of 1893 provided that the Gov
ernor should select person to compile
and publish the highway laws of the
State, together with suggestions for
grading, building and maintaining roads
and for tree culture and the laying out
OF lawns along highways. 1t provided
that the manual thus compiled should
not be published until approved by the
Governor. Upon publication, the manual
was distributed, one copy to each Town
Clerk and one copy to each Overseer and
Commissioner Of Highways in each town.
The act provided that the compilers
should charge not more than so cents
for the copies thus distributed. this to
be town charge, and from the proceeds
the compiler was directed to pay the
cost Of preparing and publishing the
manual. The cost Of copies sold to per-
sons other than the officials named was
to be not more than rs cents each.
The statute of 1904, signed by Gov
ernor-C Chairman ODELL in defiance OF the
legal opinion Of the States Attorney
General, provided that the Secretary of
State should appoint person to compile
revised edition. Of the manual Of 1893.
The revised manual was to contain all
that the original did, except the sugges-
lions on tree culture and lawns. The
act provided that the new manual should
be distributed through the County Clerks,
instead Of the Town Clerks, and that one
COPY should be provided for each men,
Der Of a Town Board and ono copy for
each Commissioner and Overseer Of
Highways within the counties. In this way
the number Of manuals to be distributed
was increased largely over the number
provided for In the act Of 1893. That act
provided that only Town Clerks and High
way Commissioners and Highway Over
seers in towns should have manuals
bought for them by the taxpayers; the
Governor-C hairman's act added to the
list members OF Town Boards and the
Highway Commissioners and 0verseers
Of all communities possessing these
officials.
Thus was the market extended. The
act Of 1904 also provided that the com.
piler might charge 81 for each copy fur
nished to local official and $3.50 for
each copy sold to another person. Out
Of the sum thus collected the compiler
was directed to pay the COST Of prepar-
ing and publishing the manual, and the
charges for forwarding the copies to
the County Clerks.
It 10 also noticeable that the Governors
approval was necessary before the man
ual Of 1893 could be distributed. That Of
1904 has gone forth without the approval
Of any State officer, unless CHARLES
H. BELTS Of the Governor Chairman's
State committee and the Assembly re-
vision room, who Ia not lawyer or an
authority on road building, but who is
the compiler Of this manual, be regarded
as such.
The manual OF 1898 was provided for in
a law signed by 4 Governor not holding