Daily capital journal. (Salem, Oregon) 1903-1919, 1917-01-23
FINAL ROAD CODE
CONTINUED from page one. J

employ a roadmaster instead Of an
engineer, as it sees fit. this power to
be similar to that vested in the High
way commission.
Provision is made for map of coun-
ty roads for each county, TO be ap-
proved by the highway commission
these roads 10 be well travelled thor.
oughfares with due regard paid to
their leading to market centers.
The bill will abolish the office of road
supervisor, and in lieu of the supervisor
system establishes an entirely new one
for handling road district affairs. Pro-
vision is made for an annual meeting
of the electors in every road district
to name three trustees, who are to serve
without compensation whatsoever, and
to have charge of district roads. which
will include all roads other than state
or county roads.
1o-Min District Tax Allowed
The bill also allows the levying of
an annual district tax of not to eX-
oeed 10 mills for work on district roads,
this money TO be expended by the three
trustees.
County roads will be worked out of
a general levy not to exceed mills, to
be expended by the court under the
direction of the engineer or roadmaster
The bill does away with the present
apportionment of road funds, which in.
cludes levy of 10 mills, 90 per cent
of which is to go to the county and
20 per cent to the districts, based on
their assessed valuation.
"The new road code is based largely
on the Iowa idea, " stated Mr. McCul-
lech in discussing its features today.
"The final draft of the bill was ap.
proved by the executive committee at
Il meeting in Portland yesterday. 1t is
our plan to have the bill introduced
Monday so as to get as early a start as
possible with it before the joint high
way committee -
Direct price competition between pat
ented and unpatented processes, con-
spiracy statute to prevent colusion
among contractors i'll bidding ON pub.
lie work direct payment Of patent roy
alties by the state are some of the-pro-
visions which State Engineer Lewis,
Mr.. Lewis Explains.
In explaining these recommendations
Mr.. Lewis gave out the following state
ment today;
The most important Of these recom-
mendations, according TO- Mr.. Lewis, is a
conspiracy statute with suitable penal
ties to prevent collusion among contract
ors in submitting bids for public work,
thus compelling actual and open compe-
tition.
"That where patented materials OF
processes be used upon public work, it
shall only be after, direct price compe-
tition with unpatented products of sim.
liar chGracter5s A bill containing 1sub.
stantiallv this idea was introduced in
/ the lVl5 legislature by Senator Bingham
and was defeated. This recommendation
is in harmony with section 4, regulation
8, of the rules adopted by the secretary
of agriculture for the administration
of the federal road aid act.n
1t is recommended that patent roy.
alties be paid directly by the state and
not by the contractor The state to de.
fend its contractors in any suit for in.
fringement. Permission to sue the state
for patent infringement should be
granted, in order to prevent injunction
suits brought against its Officers and
the work stopped. This is the only way
to secure real competition upon patent
/ ed processes. This recommendation is
i largelv based on California practice
"That before any royalties are paic
by the state on patented device OF pro
cess used upon state work. the patents
be investigated and the claims approved
jointly bv the attorney general and the
state engineer. Also providing that al
s,u for infringement brought against
the state, state officials or contractor,
working under the direction of tn,
state. be defended by the attorney gen
eral, and that highway funds may bt
used by him in the defense of such suits
or action. This recommendation is based
on legislation in Nebraska. where an ap