Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-04-06

shall have practical knowledge Of road
engineering and construction and shall
receive salary of $4,000 per annum
each. The President shall detail to
serve as the third member of said
commission, an officer of the Engineer
Corps of the United States army on
the active or retired list of rank nog
below that of captain, who shall re-
ceive, in addition to the pay allowance
OF his rank in the United States army,
a sum sufficient to make $4,000 per
annum. The said commissioners Of
highways shall appoint, subject to the
approval of the secretary of agricult-
ure, such other officers, agents and
servants as may be required to carry
into effect the provisions Of this act:
Provided, That the said commissioners
of highways shall be under the gener-
al supervision of the secretary of agri-
culture, who shall exercise general
jurisdiction over all matters and acts
coming under their control by virtue
Of this enactment.
THAT after the expiration of six
months from the date Of the approval
OF this act, any state or civil subdivi-
sion thereof, through the proper Off
GERS having jurisdiction of the public
roads, may apply for aid in the i'm
provement or construction of the pub
lie roads or sections thereof located in
said state.
THAT the said commissioners of
highways shall make and promulgate
all needful rules and regulations I'M
der which the various states and ter
r1tories, or civil subdivisions thereof,
may apply for and receive the bene-
fits of this act. The said rules and
regulations shall be approved by the
secretary of agriculture
THAT no state or civil subdivision
thereof, shall be entitled to receive
the benefits Of this act until it shall
have established to the satisfaction of
the said commissioners Of highways:
First, that the highway or section
thereof sought to be improved or con-
structed is of sufficient public import
ance as to come within the purview Of
this act, taking into account the use,
location and value of such highway, or
section thereof, for the purposes of
common traffic and travel and for the
delivery of the mail of the United
States; second, that the requisite right
of way for the improvement and con-
struction of the highway or section
thereof has been secured; third. that
the highway or section thereof, when
constructed or improved will be main
tanned and kept in repair without re-
course upon the United States; fourth
that the state or civil subdivision
thereof, has made provision satisfact-
ory to said commission for the pay
ment of it's portion of the total cost
of the Improvement or construction as
provided for in this act.
"That one-half of the expense Of the
improvement or construction of any
public highway of any state or civil
subdivision thereof, that may receive
the benefits of this act shall be paid by
the treasurer of the United States,
upon the warrant of the secretary of
agriculture issued upon the requisition
of said commissioners of highways, out
of any specific appropriation made to
carry out the provisions of this act,
and that one-half of the expense
thereof shall be paid by the state or
civil subdivisions thereof, in which the
highway or section thereof is located:
Provided That nothing herein con-
tanned shall prevent the said states
from distributing their portion of the
cost among their several city subdi-
visions. Provided further, That moth
ing herein contained shall prevent the
said states or civil subdivisions
thereof, from receiving credit for all
labor, material, and machinery used in
the construction or improvement of
said highway or section thereof: Pro.
vided further, That no money shall be
advanced by the United States in pay
ment of it's proportion of the expense
of the improvement or construction Is
herein provided for, except as the
work of actual construction progresses
payments made prior to the compile
ton of the work be in excess of 80
per centum of the value of the work
actually performed.
8'That there is hereby appropriated,
out of any money in the treasury not
otherwise appropriated, for the pur-
pose Of carrying out the provisions of
this act, the sum of $24,OO0,00O the
said appropriation to be available at
the rate of $S,0O0,00O year during the
years 1904, 1905 and 1906. If any of
the appropriation herein made is not
expended in the year named, that por-
ton shall become available the sue
ceeding year. This appropriation shall
be distributed in the following man
ner: No state shall receive in any one
year less than 100000 of the sum
hereby appropriated, nor any larger
portion of the sum hereby appropri-
ated than its population bears
to the total population of the
United States, based upon the
census of 1900: Provided, That in
computing the population of any state
or territory no city thereof shall be
accredited with more than 10000 in
habitants."
THAT MISSOURI DECISION.