FREE GRAVEL ROADS.
A majority of the Committee on the Judiciary reported in favor of the passage of the bill [H. R. 358] in relation to free gravel roads, construction, etc., and a minority recommended that the bill lie on the table.
Mr. LINSDAY spoke in favor of concurring in the minority report.
Mr. KENNER was opposed to the passage of this bill, and favored the adoption of the minority report, for the reason the provisions, if enforced, would have an injurious effect upon the people of the County. One of the provisions requires the County to be responsible for the bonds issued for the construction of such roads, thereby burdening land-owners far distant from the road, not having any interest in its construction.
Mr. COLE was of the opinion that this bill, if it should become a law, would work no good. He favored the minority report.
Mr. FLOYD said: I agree with the gentleman from Huntington (Mr. Kenner) that the law is right as it is, without this proposed amendment, for the reason that the County is not the contracting party, and should not be held liable for the contract to build a gravel road.
Mr. BUSKIRK said: If this proviso is stricken out of every tax-payer in the County would help to pay these bonds, while, leaving it as it is, only those living near the road, receiving the benefit of such construction, will be held liable.
Mr. TETER said: The intention of the author may be good enough, but the effect of the bill may overreach his intention.
Mr. LINSDAY--The gentleman from Huntington (Mr. Kenner) says under the provisions of this act the County is responsible for the acts of County Commissioners. I defy any lawyer or business man to point to a single case where a County officer in the discharge of his duty becomes responsible for a dollar. When do Courts become responsible for erroneous judgments? You can not find it anywhere. They are never pecuniarily responsible for a dollar. These bonds are affected by the proceedings of the County Commissioners, who are the agents of the County. The only question involved is one of cost.
The minority report was adopted--yeas, 56; nays, 27.
