ROADS AND HIGHWAYS.
The Lieutenant Governor announced the consideration of the special order for this hour being the bill [H. R. 59] to amend an amendatory act of the supervisor's act; and Mr. Harney's bill [S. 180] to make the township trustee of each civil township superintendent of roads and highways.
On motion by Mr. Friedley, of Lawrence, the rule 45 of the Senate was suspended, and thus the clause requiring that the bill "shall be first read throughout by the Secretary" was dispensed with, and the Secretary proceeded to read the bill by sections.
Section 1 of the H. R. 259, for working the roads not less that two nor more than four days being read, Mr. Howard made an ineffectual motion to strike out the word "four" and insert "three" in lieu, in the first section, so that the roads shall be worked three days instead of four days.
There being but one section in this bill, the Chairman directed the Secretary read section 1 of the bill S. 180.
Mr. Harney invited special attention to his bil, and proceeded to explain its provisions.
The first section having been read -
Mr. Gregg moved, ineffectually, to strike out the first section, as a test of the strength of the bill.
Mr. Cave opposed the whole bill.
The second section, proposing a commutation poll tax of two dollars, and a poll tax of fifty cents on each one hundred dollars, being read -
Mr. Cave moved to strike it out.
Mr. Harney explained that the only difference between this section and the present law is that $2 is substituted for the two days work, and fifty cents in place of twenty-five for property tax.
Mr. Hough moved to amend the motion by striking out all referring to the capita tax of two dollars. He did not believe the day laborer should be taxed in this way, but that the property of the country should make the roads.
Mr. Orr and Mr. Bunyan opposed the amendment to the amendment.
It was rejected.
The motion to strike out the section was also rejected.
On motion by Mr. Harney, the property tax was reduced from fifty to to twenty-five cents - no voice in the negative.
Mr. Scott made an ineffectual motion to strike out $2 and insert $3 as the per capita tax.
Sec. 3, requiring the the trustee, where there is any, in corporated towns in his township, to pay over one-half of the money collected for road purposes in the corporation to the town treasurers for use on the streets of said town, and exempting towns or cities situated in whole or in part in such township.
Mr. Dougherty moved ineffectually, to strike out the word "one-half," and insert in lieu the word "all."
Sec. 4, dividing the work on roads forming township lines being read -
Mr. Collett proposed an amendment which was agreed to, requiring road running on a State line, to be kept in repair by the township, in connection with the road authorities of the State adjoining.
Sec. 5 was amended by requiring the roads to be made hard "and even," and motion by Mr. Boone.
Sec. 6 was amended, on motion of Mr. Scott, by page: 126[View Page 126] requiring the civil engineer to fix the level and grade.
Sec. 8, prescribing the time when road work shall be done, was read.
Sec. 9, concerning: the appointment of road masters, was amended, on motion of Mr. Boone, by requiring the work to be approved by the township trustee.
Sec. 9, prescribing the duties of the road master in hiring workmen, was amended by Mr. Hough by inserting "not exceeding" before the words "such as is usual in the township"referring to the price to be paid.
Mr. Cave made an ineffectual motion to reduce the number of hours of labor from "ten" to "eight."
Mr. Chapman moved to further amend by striking out the words "or such as may be a day's work in the township."
The amendment was agreed to.
Sec. 11, allowing the road master's agent two dollars for each day's work.
Sec. 12, making the trustee custodian of the property belonging to the road district.
Sec 13, directing the trustee to turn over the property and money on hand to his successor.
Sec. 14, concerning the letting of the work, were passed over without amendment.
Sec. 15, prescribing penalty for destruction or obstruction of any highway or bridge, was amended on motion of Mr. Boone so that one-half the usually, traveled roadway shall be given by each passing team.
Sec. 16, having reference to the construction of roads and road viewers.
Sec. 17, requiring the removal of obstructions on public highways.
Sec. 18, declaring all trees to belong to the owner of the land if he avail himself of the same before the Trustee opens the road.
Sec. 19, concerning guide boards, and, Sec. 20, auhorizing trustees to administer oaths necessary in conducting his business, were passed without amendment.
On motion of Mr. Collett, a section was added requiring semi-annual settlements.
Mr. Fuller desired to know if any petitions have come up here praying for a reconstruction of the road laws, and declared that our present system should not be disturbed without good cause. He moved to strike out from the bill all except section four, referring to roads running on Stare and township lines.
Mr. Harney declared it was of paramount importance that the road laws of the State should be revised and amended. He had met with many complaints against the present system.
Mr. Dittemore moved ineffectually to strike from the bill all after the enacting clause.
The motion to strike out all except the fourth section was also rejected.
Mr. Case thought this bill may operate well enough where there are no gravel roads. It would work great hardship in his section. There are many men in every district hardly able to pay this tax of two dollars for each person as required by this bill, and he pointed out a number of objectionable features.
Mr. Orr also opposed the bill because of the two dollars poll tax and the heavy property tax it proposed to impose.
Mr. Gregg claimed for this subject great consideration and respect. We should be very careful what kind of a law is substituted for the present statute. He did not believe the poll tax too high, for persons not able to pay the tax can work it out on the road. He believed such a tax should be exacted from every able bodied man.
Mr. Francisco hoped this bill would not pass. The present law has stood for nearly forty years, and it suited his district very well. If the tax is required in money in many cases it will not be paid at all in his county, because of inability and impossibility to collect.
Mr. Fuller called attention to the fact that they did not make good roads in the southern part of the State, and the people there are well satisfied with the gravel road system.
Mr. Sleeth moved to amend by striking out of section three the word one-half, and, insert in lieu thereof the word "all". We ought to maintain the principle that each district shall expend in its own territory the tax the citizens thereof pay.
Mr. Haworth moved in effectually to amend the amendment by inserting the words "or such further sum of money as the township - trustee may deem necessary to put the streets in repair."
The amendment proposed by Mr. Sleeth was rejected.
Mr. O'Brien moved to add in the same section the words "or towns" after the word "cities." There are no people taxed so much for keeping up roads as the people in towns and cities, and he hoped the Committee would vote down the proposition to tax the people to build roads out of their neighborhood.
Mr. Steele contended that one-half the road tax collected in cities and towns ought to be applied on the streets.
The motion [Mr. O'Brien's] was rejected.
Mr. Hall moved that the committee rise, report back H. R. 59 and the bill S. 180, and recommend that the former bill lie on the table, and the latter be passed with the amendments of the Committee of the Whole.
This motion was amended by a recommendation that both bills be laid on the table.
The motion, as amended, was agreed to.
Accordingly, the committee rose, and the chairman reported to the Senate, as instructed, viz: a recommendation that both bills lie on the table.
The report was concurred in yeas 20; nays 17, as follows:
YEAS - Messrs. Beardsley, Bowman, Brown, Bunyan, Cave, Dougherty, Fuller, Francisco, Glessner, Gooding, Gregg, Hough, O'Brien, Oliver, Orr, Ringo, Slater, Sleeth, Steele and Stroud - 29.
NAYS - Messrs. Armstrong, Boone, Carnahan, Chapman, Daggy, Dittemore, Dwiggins, Friedley of Lawrence, Hall, Haworth, Howard, Miller, Saringhausen, Scott, Wadge and Winterbotham - 17.
On motion by Mr. Scott, joint resolution [H. R. 17], just received from the House of Representatives, explanatory of an act passed February 3, 1878, making an appropriation for the Reformatory Institution - declaring it was intended to apply to the payment of all just debts of the institution - was taken up and passed by yeas 30, nays 7.
On motion by Mr. Hall, the bill [H. R. 71] to amend section sixty of the city incorporating law, so that a county bordering on any stream forming the State boundary may subscribe stock to aid in building bridges a cross said stream, was read the third time and finally passed by yeas 35, nays 1.
On motion by Mr. Steele, Messrs. Sleeth and O'Brien were added to the Judiciary Committee.
And then the Senate adjourned till to-morrow at ten o'clock A. M.
