PURCHASE OF TOLL ROADS.
The SPEAKER announced the special order to be the consideration of Mr. Floyd's bill [H. R. 77] to provide for the purchase of toll roads and converting the same into free roads; also for the purchase of gravel roads. The bill was read the third time.
Mr. FLOYD said the bill provides for appraisers. The appraisement is made by disinterested parties, three in number, to be appointed: one by the Circuit Judge, one by the County Commissioners, and one by the Township Trustee. This Board is required to make an appraisement of a road upon the petition of two freeholders from each Township. After the apraisment is made a proposition is submitted to the owner or owners of the road or roads for their approval or rejection. If the proposition is accepted by the stockholders or owners of the road, the proposition is submitted to the people, and if they, by vote, say that they wish to purchase such road, the road becomes the property of the County through purchase. It seems to me that this proposition set out clearly in the bill and that all objections ought to be removed, inasmuch as the proposition to purchase is submitted to the people and they decide whether they will buy the pike, or not. You will observe another thing--that is that the appraisement is to be based upon the cash value, not upon the original stock, and in case the appraisement is too high in the judgment of the Commissioners they may dismiss the appraisers and appoint another Board of Appraisers.
There is another phase in which the bill is well guarded, viz: that the maximum tax is to be fifteen cents on the $100. In case there is no gravel road, this fund is accumulated, and can be used for the construction of pikes.
The bill passed--yeas, 54; nays 28.
Mr. LINSDAY called up his bill [H. R. 114--see page 219 of these Reports] to provide for trial by Jury, fixing the number to make a verdict, which heretofore failed to pass for want of a constitutional majority.
Mr. JOHNSON moved to amend Section 1 of the bill by striking out all after the enacting clause, and inserting in lieu thereof that hereafter in the trial of all causes in any of the Courts of this State by a Jury of twelve, the verdict of nine or more Jurors may be received as the verdict of the Jury, if unanimity is not obtained after three hours' deliberation; provided, that the parties in all cases may agree to a Jury of nine or seven, and in case nine should be agreed upon; the concurrence of seven of the nine, after three hours' deliberation, shall be necessary to a verdict. In case seven are agreed upon, five may make a verdict.
On motion by Mr. LINDLAY, the bill was recommitted, with instructions to insert the amendment.
