"the Farmer Is of More Consequence Than'-the Farm, and Should Be First Improved.'

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Thinking that an abstract of the county road law would be useful in discussing the road question, we asked Hon. Wm. L. Webber to make us such an abstract. He also makes a few remarks concerning the value of the law. The new constitutional provision which permits a county road system to be adopted, if the people of any county desire it, was adopted by the people of this state, and the legislature passed an act to provide for a county and township system of roads to be in force in such counties within this state as the people might desire. An abstract of this act, showing the course of proceedings to put it in force, and the operations under it, is as follows: SECTION I. Provides that the board of supervisors may by a two-thirds vote of all the members of said board elected, submit the question of adopting the county system to all the electors in the manner prescribed by the act. And gives the form of resolution which should be adopted for that purpose, and authorizes a special election to be held, at which the people 6hall vote. It will be observed that it requires a two-thirds vote of all the members of said board eleot to submit this resolution—two-thirds of the members present would not fce sufficient unless the board was full. SEC. 2. Provides that at least' three weeks shall intervene between the action of the board of supervisors and the date of holding the election, and prescribes the form of notice which shall be given, and the manner in which the vote shall be taken. SBC. 3. Requires the clerk to cause the notice to be printed in the form of a handbill, to be posted and published in newspapers, and provides for the printing and distributing of ballots as in a general election; the question to be stated in said ballots being " Shall the county road system be adopted by the county of . , and immediately below and on a different line shall be the word "yes" and the word " no." So that the voter can strike out such word as he does not wish to vote. SEC. 4. Provides that if on canvass of voters a majority be in favor of the system then the county road system shall be considered as adopted in said county, and thereupon the provisions of this act and all other acts-relative to such system shall be and become operative in said county. SEC. 5. Provides that all elections under this act may be held on the first Monday of April, shall be considered general elections, and shall be held in all the cities, wards and townships except Wayne county, and that the ballots shall be prepared, distributed and canvassed as in cases of general elections. SEC. 6. Provides that when the county road system shall have been adopted there shall be a board of county commissioners elected by the people in such county, and such board shall not exceed five in number, and the board of supervisors shall determine how many shall constitute the board. Under this provision there shall be more than one commissioner, as it has been held that a board cannot consist of one person only. There cannot be more than five; so the board of supervisors can make it two, or three, or four, or five, as in their judgment is thought best. These commissioners may be elected at a general election or a special election, as the board of supervisors may order. The term of office of each of these commissioners will be fixed by the board of supervisors so that one will go out each year and his successor will be elected. SEC. 7. Provides for the terms of office of the said commissioners, according as the number may be, more or less, so that there will be one each year to go out of office. SEC, 8. Provides for filling vacancies in the office of commissioner by appointment of the board of supervisors until the next election. This section also authorizes the board of supervisors to fix the compensation of these commissioners, except in Wayne county, where it is to be done by the board of auditors. SEC. 9. Says that a majority of the board of commissioners shall constitute a quorum; authorizes this board to adopt rules and regulations for its own meetings, and for the transaction of its business, and the clerk of the county is to be clerk of said board of county road commissioners, and shall keep their records and preserve their files. SEC. 10. Prohibits the clerk and every member of the board from being interested directly or indirectly, in any contract to be let. by the board, or any property to be purchased or sold by the board, and requires accurate accounts to be kept of all disbursements, and authorizes the commissioners to employ superintendents and engineers, and to purchase the proper tools and material for their work. SEC. II. Authorizes the board of county road commissioners to lay out new roads within the county, and to change the width or the location or straighten the line of roads over which they may take jurisdiction ; and authorizes private property to be taken for road purposes if necessary, upon making compensation therefor. SECS. IS, 13, 14, 15, and 16 provide for the condemnation of such private property and the method of proceeding. SEC. 17. Authorizes the boards of county road commissioners of adjoining counties to unite in laying out a county line road if thought best. SEC. 18. Provides that any road heretofore laid out or any part thereof shall become a county road if the board of county road commissioners shall at any time determine; and iii passing through, or on the line between townships and incorporated villages, any streets or parts of streets of such village mav be adopted as a county road, with the consent of" the proper authorities of such village or villages. It re| quires a vote of such commissioners to be taken by yeas and nays to be entered at large upon their minutes, and a notice of such determination to be given to the highway commissioner of each township in which such road may be situated, and also to be published in some newspaper in the county for three weeks. After such publication and notice it gives the board of county road commissioners exclusive jurisdiction over that road; and it is made the duty of the board of commissioners to give the road a name by which it shall be known in their proceedings.

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تاریخ انتشار 2013