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Show law relatives to State appropria tlon of $100 800 for roads eomluued In force and. in fact. was -in the laws of 1917, but the priation from the general fund n. never made after 1916, and the I. was finally repealed in 1999 a. Instance of the legislative code commission. In 1917 the eEi,fa ture accepted the provisions of tZ Federal-aid road act and emp t ered the road commission to selm the projects and make such iL position of the funds accruint t smfdTst.83' "S The commission has received from time to time donations from associations or individuals for high way construction, notably U25 0nii in 1918 and $50,000 in 1933 tor con struction on specified trans-con tinental routes. In addition rail, roads and other utilities have cooperated in construction costs particularly with reference to rail! road grade crossing elimination or protection. In 1919 a bond issue ot $4,000 000 was authorized upon the same basis, and for the same general purpoess as the 1917 issue although as previously stated the legislature designated the State highways and reduced the total mileage. Ths maximum county levy for state road purposes was reduced to three mills upon all assessable property in the county, but with a continuation continua-tion of the proviso that any county might appropriate any additional moneys available, for use in the county by the State road commls-sion. commls-sion. The law authorizing a poll taxfor road purposes was repealed. (To be continued) For a pre-winter tonic, a western west-ern physician prescribes a table-spoonful table-spoonful of cod liver oil and a smile every morning. But not in that order, surely. The Moscow Pravda reports a new red crusade to make children respect their parents. There must be no letup in the fight to keep such subversive doctrines from our campuses. History of the State Road Commission of Utah 1909 - 1939 By H. V. RICHARDS, Statistical Engineer Introduction As the passing years accumulate by decades since the motor vehicle and the "good roads movement" began their profound transformation transforma-tion in our (hilly lives and In the use and administration of our high-ways, high-ways, it becomes increasingly advantageous ad-vantageous to weave the record of the laws and the improvement of the highways thoreunder Into a connected history. In the State Road Commission's Eleventh Biennial Bien-nial Report, covering the fiscal years 1929-1939, there was included a history of the two decades of State road building which followed the creation of the commission by the legislature of 1909. Due to the many expressions of interest in that publication and of its value as a work of reference, it is desirable to bring the history down to date from the standpoint of thirty years' activity. The first legislative enactment carrying an appropriation for State participation and supervision In the improvement of the highways was adopted in 1909. The law (Chapter (Chap-ter US, Laws of 1909, in eftect April 17) created n State road commission com-mission and established a State road building fund to be used by the commission for highway construction, con-struction, In cooperation with the several counties, on a system of State highways to be designated by the commission. State interest in highway improvement im-provement and the desire to remove re-move existing defects in highway administration was expressed in the Governor's message of that year wherein, on the subject of roads, it was urged: "A uniform system of construction with a means of raising special road finances fin-ances in the various counties should be provided. What Is done should be along the lines of stability stabil-ity and thoroughness, having in view a permanency, which unfortunately un-fortunately has been overlooked in many instances heretofore. Provision Provi-sion should be made requiring competency com-petency in those to whom Is given tile work of improvement. There is no occasion for me to dwell upon the advantages of such improvements im-provements to the people of the State, and 1 heartily recommend your prompt and most earnest consideration con-sideration of this important subject." sub-ject." In 1909 there were, outside of the six populous counties in the north-central north-central portion of the State, very fow miles of roads which could be classed as improved even with allowance al-lowance for conditions ot thirty years ago. In nearly all other areas within the State, due to the sparse population and limited means, adequate ade-quate improvement of the highways was a practicable impossibility. In the counties along the State's borders bor-ders there were, on the east, west, and south, no interstate connections connec-tions other than mere trails and this condition continued, due to legal restrictions in methods of financing, for ten years or more after the creation of the State road commission. The agency responsible for all rural roads, prior to the creation of the State road commission was, in each county, a three-member board of county commissioners. County highway revenues were derived from a limited levy on assessed as-sessed property and a poll tax. Road bonds, financed from the property prop-erty tax, were issuable upon approval ap-proval of property owners, subject to a constitutional debt limitation of two percent of assessed valuation. valua-tion. In addition to local income some assistance was derived from the State through incidental appropriations, ap-propriations, particularly for bridses, in various counties. The comments in the Governor's message, mes-sage, above quoted, :.:e probably based upon instances of Inadequacy Inade-quacy of plans and supervision where State funds were involved. Particularly indicative of the necessity for good highways in the State's transportation system is the tact that in its twenty-nine counties coun-ties thirteen county seats are not reached by railroads and nine counties coun-ties have no railroads within their borders. of $78,000 directly to the counties in 1911 for specified road Improvements Improve-ments including $35,000 for a bridge across the Grand (now Colorado) river at Moab. This was the last regular appropriation of this character. char-acter. In 1913 the State's annual appropriation appro-priation .for use of the commission was increased to $97,200, or $3,600 for use in each county, miscellaneous miscellane-ous appropriations were made for specific highways to be expended by the road commission, and appropriations ap-propriations for the biennium were made in the amounts ot $40,000 for State road equipment and $37,-000 $37,-000 for convict labor on roads. The county commissioners were required re-quired to purchase rights of way for State roads. It was also required re-quired that the counties' proportions propor-tions of State allotments for State roads including proceds from the five-mill levy be paid into the State treasury for disbursement by the road commission. In 1915 the regular annual appropriation ap-propriation was increased to $100,-800; $100,-800; the precinct tax was repealed and counties and cities authorized to levy for State road purposes a tax not in excess of five mills and two mills respectively. The State road -building fund became the State road fund, that is to say the State's activities ceased to be limited to construction only and the commission was given a measure meas-ure of control over maintenance. However, the commission could not require a county to raise more than the contributing proportion of the State's appropriation, and while the counties in general raised much greater amounts, there was often delay in malting payments to the State treasury. This seriously hampered ham-pered the activities of the commission commis-sion throughout the period of local cooperation and the statutes are replete with punitive provisions more or less impracticable in their operation and some of doubtful legality. In the counties of low assessed vnluation highway improvement im-provement was necessarily slow and maintenance was inadequate. In 1917 another bond issue in the amount of $2,000,000 was authorized, au-thorized, the proceeds to be expended ex-pended by the commission "upon such roads and bridges as by It deemed best." The bonds were of the sinking fund type, twenty-year ' term, and financed from the motor vehicle registration fund. Into this fund was paid all receipts from administration ad-ministration of the motor vehicle registration law and from this time receipts from this source ceased to be available for current expenditures expendi-tures ot the road commission, except ex-cept as to occasional appropriations therefrom by the legislature. The one of the three members of the commission to be one of the elective elec-tive oillcers in the executive department de-partment of Ihe State government, to serve ex officio and without additional ad-ditional salary. For the present law governing the composition of the road commission com-mission see Chapter 46. Laws of 1939. Following is the personnel of members of the road commission during consecutive organizations since its inception with dates of accession and retirement: - Years of Member Service First Ex Officio Commission William Spry, Governor 1909-1912 Caleb Tanner, State Engineer 1909-1912 David Mattson. State Treasurer 1909-1912 Richard it. Lyman, from St. Uni. 1909-1912 J. W. Jensen, from Agri. College 1909-1912 Second Ex Officio Commission William Spry, Governor 1913-1916 W. D. Beers, State Engineer 1913-1916 Jesse D. Jewkes. State Treasurer 1913-1916 Richard R. Lyman, from St. Uni. 1913-1916 William Peterson, from Agri. Col. 1913-1916 Third Ex Officio Commission Simon Bamberger, Governor 1917-1920 Harden Bennion, Sec'y of State 1&17-1920 Dan B. Shields, Attorney Gen'l 1917-1920 Joseph Ririe. State Auditor 1917-1920 Geo. P. McGonagle, State Eng. 1917-1920 Appointive Commission N. C. Poulson1 1921-May, 1922 George D. Casto 1921-May, 1922 Ira R. Browning 1921-May, 1922 Preston G. Peterson' 1922-to date Henry W. Lunt 1922-1925 Henry H. Blood 1922-1932 W. J. Parker 1926-October, 1935 Joseph Chez, Att'y Gen'l 1933-June, 1935 Edward E. Howe1 July. 1935-March. 1937 until 1919, with route extension, filling in of gaps and selection of laterals when a total of some 3600 miles had been designated. The statute was amended in that year to provide for the designation of State roads by the legislature, principally prin-cipally for the reason that it was desired to expend the proceeds of a $4,000,000 bond issue mainly on a trunk line system of roads. Some 600 miles of local roads that had previously been selected by the commission were omitted from the system designated by the legislature legisla-ture (Chapter 67, Laws of 1919). The power was reserved to the commission to designate additional State roads where cooperation with the Federal government was involved. in-volved. This reservation included "Federal-aid projects which have or may hereafter be approved by the State road commission." On the theory that certain roads on the commission's Federal Aid Post Road map for 1918, delineating a five-year program (Commission file B-34), were thus designated as State roads within the intent of the statute, the legislature's list of roads was incomplete and omitted from the express terms of the law an extensive mileage of State roads. This defect in the law continued con-tinued until 1927 when for the first time all existing State roads were included in the law and numbered consecutively by route numbers. However, each legislative session Blnno 1Q1Q ivnnnt thncn nf 10.30 anA of their share of the State appropriation: appro-priation: those with assessed valuation valu-ation between $2,000,000 and $4,-000,000 $4,-000,000 were to duplicate one-half, and those with greater assessed valuation the full amount of their apportionment. Counties were authorized au-thorized to contribute any additional addi-tional amounts of moneys available for road purposes and also to levy a tax of not to exceed five mills In each precinct in which the road commission should designate construction con-struction projects. The commission commis-sion was empowered to award contracts con-tracts for construction. The counties coun-ties retained control of the funds designated by them for State road purposes, and disbursed same by warrant to contractors or employees em-ployees as work progressed, and a like procedure was followed by the commission with respect to the funds subject to its disposition: the commission crediting the counties coun-ties on its books for the State road funds expended by them. The roads were maintained by and at the expense ex-pense of the counties from county road funds and no report of such costs was made to the road commission. com-mission. No specific provision was made in the original act for paying the travelling or other necessary expenses of the commission or for hiring engineering or clerical assistance. as-sistance. However, there was also enacted in 1909 the first motor vehicle registration law, the proceeds pro-ceeds whereof were to be credited to the State road building fund. The revenue from this source was small for several years as annual registration was not required until 1915. The road commission was empowered to call upon the faculties facul-ties of the university and agricultural agricul-tural college for engineering assistance as-sistance and also to make use of their laboratories, all without compensation. com-pensation. This provision remains In the statutes (36-2-13, R. S. 1933). In conformity wlth the long-continued policy of the legislature, before mentioned, of making direct appropriations to counties for road Improvements, the legislature appropriated ap-propriated in 1909 for expenditure by the counties the sum of $97,500, including $38,000 in two equal proportions for bridges across the Green River at Jensen and at Green River. The designs of these and other bridges in the list were subject to the approval of the State engineer. In 1911 the State annual appropriation appro-priation for expenditure by the road commission in equal proportions propor-tions in each of the counties, on the cooperative basis as before indicated, in-dicated, was increased to $60,000. Also a State road bond issue in the amount of $260,000 was authorized, for expenditure in equal amounts in 26 counties, Salt Lake county being excluded from direct benefits. The Issue was of the sinking fund type, twenty-year term and financed from the State general fund. The use of State prison convict labor on the roads was authorized, and utilized until about 1920. This provision, however, remains In the laws (85-9-59, R. S. 1933). In addition to the requirements of law considerable consider-able sums were raised by the counties coun-ties financially able to do so for use in cooperative construction or independently by the counties on State and county roads, Box Elder leading in 1911 with a bond issue of $200,000. The State appropriated the sum 1937, has made some changes and additions in the highways designated desig-nated as State roads. In 1931 a distinction was made as to primary and secondary State roads but this law was repealed in 1935. Since the legislature adopted no measure for State aid to local governments until 1937 it has extensively used, beginning in the depression year of 1931, the alternative procedure of adding to the system a large mileage of local roads. In 1930 there were 3,436 miles of designated desig-nated State highways, and at the close of 1939 there were 5,163 miles. The laws designating the existing exist-ing system of State roads are Chapter 37, Laws of 1935, as amended amend-ed by Chapter 47, Laws of 1939; and see also an expansion of the powers of the road commission with respect to designation, Chapter Chap-ter 49, Laws of 1939, wherein authority au-thority is given to designate roads to State institutions and also to recreational areas adjacent to designated des-ignated State highways. Administrative Function and Income The development of the administrative adminis-trative function of the road commission com-mission and the corresponding decline in the measure of cooperation coopera-tion required of local authorities are intimately connected with the history of the funds made available avail-able for State highway purposes. The act of 1909 appropriated the sum of $27,000, annually, from the State general fund to be set apart as a State road building fund for cooperation with the counties in State highway construction. This provided the commission with the sum of $1,000 each for construction in each of the 27 counties then In existence. Counties with an assessed as-sessed valuation of less than $2,-000,000 $2,-000,000 were to duplicate one-fourth State Administrative Agency Under the terms of the statute the first highway department was leaded by a commission of five members, cons:sting of the Governor Gov-ernor of the State, as chairman, the State engineer, the State treasurer, and one member from each of the faculties of the State university and the State agricultural college selected by the governing board3 of those institutions. Under a revision re-vision of the statute, in 1917, an amendment provided for a five-member five-member commission consisting of the Governor of the State, the secretary of state, the State auditor, audi-tor, the attorney-general, and the State engineer. All members of the two foregoing forms of the commission served without additional addi-tional compensation. In 1921 the ex officio type of commission was abandoned, and the board as then constituted and continuing to the present time with a brief exception noted below, consisted of three members appointed at large by the Governor. The term of office is six years except that the first appointees ap-pointees were to serve for two, four, and six years respectively, subsequent to December 1. 1921. Appointments are made with the consent of the Senate. The Governor Gov-ernor appoints one of the members ot" the commission as its chairman. .Not more than two members may be affiliated with the same political politi-cal party. The members of the commission received, beginning in 1921, an annual salary of $3,500 (increased to $4,000 in 1939) and It is required that a member shall devote all his time to the duties prescribed by law for the office of commissioner, and not serve in other public capacity. The exception above noted in the law prescribing an appointive commission was an enactment of 1933. repealed in 19.:5, requiring I W. D Hammond" Octo. 1935-to date George Abbott April, 1937-to date 1 Served as chairman until May, 1922, when the first appointive commission resigned. Served as chairman 1922-1925. 3 Served as chairman 1926-1932. ' Served as chairman 1933-October. 1937. Served as chairman October, 1935-March. 1937. Served as chairman April, 1937-to (late. Designation of State Roads The law of 1909 authorized the selection of a system of State roads by the road commission. Not more than one road was to be designated in a county in the same general direction di-rection and roads and streets in cities of the first and second class (minimum populations of 50,000 and 5,000, respectively, in 1909) were excluded until 1915. This early concept in State highway laws of extension of the highway system through cities and towns is an adaptation of the law relative to designation of roads by the county coun-ty commissioners, which permitted urban extensions. The work of designation was facilitated in the first instance by the road map3 of each county which the law required re-quired the county commissioners to furnish. These maps were all received re-ceived by the spring of 1910 and the commission then proceeded with its selection of routes and program pro-gram of construction. Washington county was the first to furnish the required map and the road from St. George westerly to Shem was the first section of State highway designated, January 10, 1910. Opposition Op-position developed in numerous instances as to choice of routes and until 1912 no route had been designated de-signated In any direction entirely across the State. It was the intention inten-tion to link together all the county seats but this proposed system and also the directness of route were sacrificed in the early years in order to provide remote farm areas with access to railroads. Destigna-tion Destigna-tion by the commission continued |