GRAVEL, PLANK AND OTHER ROADS.
Mr. RISTINE called up his motion, entered sev. eral days ago, to reconsider the vote rejecting Mr. Marvin's amendment proposed to the bill [S. 54] to amend the gavel road act of March 3,1877, which amendment was to increase the amount of outstanding construction bonds allowed at any one time to $100,000, exclusive of interest.
The LIEUTENANT GOVERNOR stated the first question to be on an amendment pending (proposed by Mr. Garrigus), declaring that the County shall not be liable for the payment of said bonds. [See proceedings of January 25, just before adjournment of Senate.]
Mr. GARRIGUS gave considerations in favor of his amendment, and hoped it would be attached to the bill.
Mr. GRUBBS regarded the effect of the pending amendment would be to nullify the entire law. When any legal corporation issues a bond it is liable for the payment of such bond, the same as an individual is liable on a personal bond. So there can be no question in the world as to the liability of the Counties to pay the bonds issued by Boards of Commissioners. Of course the law requires the money shall be made, if it can be made out of the assessment. The liability of the County is not secondary but original; and it resolves itself into a question whether the County shall be allowed to make a guarantee or not.
Mr. BUNDY offered the following by way of substitute:
"Provided further, That in no case shall the County pay any part of said bonds, except out of money realized from tax or assessment upon the lands assessed for the construction of said road, and that the real estate assessed for the construction of said road shall in all cases be liable for the payment of said bonds."
Mr. GARRIGUS withdrew his amendment, accepting this in lieu.
Mr. GRAHAM thought the fund derived from assessments for the construction of the work should be required to pay the bonds issued to aid the work, and no other fund should be called upon to pay them. If the road itself were a necessary improvement, then surely the history of plank roads generally will prove the assessment itself is sufficient to pay the last dollar of bonds issued to aid in their construction. There is little doubt but that the assessment for any road that should be constructed will be sufficient to pay its bonds, and if so there should be no liability on the part of the County to pay such bonds. It is a power that is dangerous to place in the hands of the County Boards. It is one that may be abused, and that has been abused largely.
Mr. BUNDY recited the provisions of his substitute-amendment as printed above, and urged its adoption,
Mr. CHAPMAN understood there would be no way of enforcing the payment of these bonds should the pending amendment prevail, except through the County, indeed there is really no payer of the bonds. The amendment would render it absolutely impossible to negotiate such a bond at par, as required by the existing law. Unless the whole law as it stands is to go out of existence, this amendment ought to be defeated; though the limitation proposed the other day ought to be attached to the bill.
Mr. URMSTON--The question is now on the substitute offered by the Senator from Henry [Mr. Bundy].
page: 136[View Page 136]The PRESIDENT pro tem [Mr. Viehe in the Chair]--The original amendment being with drawn, it now stands in the relation of an amendment.
Mr. URMSTON--Every provision of the amendment is already provided for in the law; where the County is as well guarded as this amendment would. The only amendment proposed by this bill is in the proviso at the close of the section. He was satisfied if the pending amendment is voted down. The motion to reconsider the amendment [Mr. Marvin's] will prevail, and that proposition to limit the outstanding bonds to $100,000 will be attached to the bill.
The amendment was rejected--yeas, 8; nays, 33.
The motion to reconsider was agreed to, and the amendment [Mr. Marvin's] allowing bonds to the amount $100,000 to be issued, was adopted.
Mr. TRAYLOR moved to strike out of the bill the emergency clause.
Mr. MARVIN opposed this motion, because many roads already commenced have had to stop work for want of money to finish them; and by allowing them to issue an increased number of bonds, as the bill now does, they can go on and finish the work already commenced.
Mr. TRAYLOR--Is there any litigation pending relating to them?
Mr. MARVIN--None that I know of.
The motion to strike out was then rejected.
The bill was ordered engrossed for the third reading.
The Senate adjourned till Monday at 10 o'clock, under an order adopted heretofore.
