Upshur County Echo. (Gilmer, Tex.), Vol. 13, No. 37, Ed. 1 Thursday, July 21, 1910 Page: 3 of 10
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in whose favor the warrant is drawn, and whenever directed so to do by
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shall receive for his services as such, hands may be called out without ref-
self of the conditions of roads in his quired to appear, designating tools to
work with and the number of days
district, he shall have jurisdiction over
road oversees, shall advise with said required.
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UPSHUR COUNTY ECHO, THURSDAY. JULY 21, 1910.
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one to summon the hands to
on the road, and such person
9 determine for the faithful per-
mance of the terms of the contract
I said court or its agent aforesaid,
Ul have the right to reject any and
the Road Commissioner, and such
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embodies the many requirements of a per-
fected roofing in a way that makes it the
most satisfactory roofing to use—pliable,
easy to lay, not affected by climatic or weath-
er changes, and durable- Write tor sam-
ples and prices. For sale by all dealers.
The Texas Company
General Offices Houston, Texas
E. E. CONNELL, Agent# at Gilmer, Texas
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of the election shall be borne by the
county, returns made and results de-
clared as in other elections. In the
event the election is in favor by maj-
0 such.
Prescribing the power and duties
, road Overseers designating who
liable to road service, prescrib-
"e’their duties and privileges, pre-
Cring additional revenue for roads
"na bridge by additional advalorum
t prescribing how road and bridge
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proper authorities and have the levy
made and collected as other taxes.
Bed. 24. It shall be the duty of the
County Treasurer to receive such'funds
as provided for in proceeding section
and to deposit it with other funds to
the credit of Roads and Bribges and
not to pay the same out except on
deviding line betwon Upshur and any
other county, it shall be lawful for
Upshur county through its Commis-
sioner’s Court to assume one half the
cost of such bridges as are necessary
for the convenience of the traveling
public.
Bec. 22. • The member of the Com-
missioner’s Court shall be ex-Officio
Road Commisioners of their respect-
ive precincts and under the direction
of the Commissioner’s Court shall
have charge of the teams, tools, and
equipment belonging to the county.
Shall personally superintend the road
overseers, advise the road overseers of
the amount of money available for
use on his section of4 road, approve
all warrants for labor or material
made by the overseer and otherwise
see that the roads are kept in as good
condition as the money, and labor
available will permit.
Sec. 23. It shall be the duty of the
Commisioner’s Court upon the passage
of this act to order an election in Up-
shur county to be participated in by
all qualified voters to determine
whether or not an additional fifteen
cents on the one hundred dollars worth
of property shall be levied and collect-
ed for the road and bridge fund of
Upshur county. The general laws of
the state shall control such election,
the tickets shall have printed on them
for the addition road and bridge tax
of fifteen cents on the one hundred
dollars.worth of property and against
the addition road and bridge tex of
fifteen cents on the one hundred dol-
lars worth of property. The expense
r to ten per | that the Road Overseer or Road Com-
If less than | missioner may add the name of any
I twenty per < man subject to road duty to the com-
ynve dollars! mission of any overseer in whose pre-
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) ov rseers as to the work to be done
shall countersign all warrants author-
i ized to be Issued by the Road Over-
i seer.fi 11 vacancies by appointment of
• road overseer, transfer hands from one
road precinct to another, when the in-
i terest of the system demands tl, keep
r account of the allotment of me and
money to each road precinct, ex-
amine and approve or disapprove all
contract work done by and betwen the
Commissioners Court and any con-
erence to the whole number of hands
for any specific work sought to bo
done.>
Sec. 37. In case any person not
designated on the Road Commission
lives in any road precinct his name
may be addeg to the list on Road
Commission and summoned ‘ and
worked as though his name appeared
on the original list of hands.
Sec. 38. It shall be the duty of
overseer to give two days’ notice by
summons in person or writing left at
the usual place of abode of such
person summoned, stating the time
and place where such person is re-
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lollara, and for all
ollara thirty-three
cent. In which
to cost shall share
the commutation
ct shall have dis-
m In full by labor
the Commiasion-
w the fine to the
tractor for any road and bridge work
in his-precinct, and twice in each year
at the August and September terms
of the Commisioners Court make a de-
tailed report to the Commissioner's
Court of all the work done in each
road precinct, the material bought and
from whom, all work, material or
other things of value received and
to whom and for what purpose all
warrants are issued. Said reports to •
show the unexpended balance to the
credit of each precinct and the condi-
tion of the roads at the time the report
is made, said report shall be sworn
to before some officer authorized to ’
administer oaths, the form of the
oath shall b: I solemnly swear or
affirm that the above and foregoing
report is true and correct to the best
of my knowledge and belief so help
me God.
See. 31, The report provided for
in the preceding section shall be sub-
mitted to the Grand Jury at its first
sitting after report is made, should
there appear any irregularity in said .
report the Grand Jury shall invest!-,
gate the same and report to the Dist-
rict Judge by inbictment or otherwise,
such condition as the report may show.
Sec. 32. The term of service of the
Road Overseer shall be’Trom the time
of service of the order of appointment
until the first regular term of the Com-
missioner’s Court in each year.
Sec. 33. No person shall be com-
pelled to serve aS road overseer who is
lawfully exempt from road duty, nor
shall any one be compelled to serve
as road overseer more than one year
in three successive years.
Sec. 34 Each road overseer shall
have full control of all hands in
his road precinct and shall see that
each hand when called out shall per-
form a good days' work and if any
hand when so called out shall fall or
refuse to do a good days work or work
in a manner the overseer may direct
he shall be liable to the same penalty
as if he had failed to appear in obed-
ience to the summons.
Bec. 35. Each road overseer may.
when agreed on by Road Commission,
contract with any person liable to road
duty on his road, who may be the
owner of a team or teams, for the use
of such team on his road and allow
two days' road service of man for ono
double teams with wogon or plow.
Sec. 36. The road overseer shall
have the power to call out all per-
sons liable to work the road at any
time the overseer may deem neces-.
nary, not less than twice in each year.
Fmps PROPOSED ROAD
LAW.
A” act to be entitled an act creat-
" a more efficient road system for
ur County, Texas. Prescribing
powers and duty of the County
Missioners Court with reference
blic roads. Making members of
commissioners Court, Ex-Officio
aa Superintendent of their re-
ctive precincts, and defining and
Tibing their powers and duties
as provided for in proceeding section
at n. first regular term in each year, ority vote of the additional tax, the
it shall be competent and legal for Commisioner’s Court shall notify the
•aid Court to perform such duties
at any subsequent term, regular or
called.
See. 13. In case of death, removal
or other inability to act. of any road
overseer. It shall be the duty of the
Road Commissioner of the precinct to
immediately appoint an overseer to
the time of making such con-
the Court shall direct the
ty Treasurer to pass to the credit
ich contract for the purpose of
kg It when the terms there of
complied with, such money as
be necessary. The County
infer shill keep an account of
oneys coming into the rod and
» fund, and under no circum-
es shall any or all of it be trans-
d to other accounts, or used for
other purpose than making and
ring public roads and bridges.
Commissioner’s Court shall have
authority to employ any hands
teams on the public roads,
r such regulations and for such
■ as they may deem best.
t 3. The Commissioner's Court
pointed road overseer who is lawfully'
exempt from service fail to notify the
Clerk or Road Commissioner of his
non-acceptance within ten days from
date of being notified of such appoint-
ment it shall be considered an accep-
tance of appointment and he shall not
thereafter be permitted to plead his
exemption from, road duty as a de-
fence against any failure or neglect
to perform any of the duties of such
overseer, esan , ,
Bec. 20. It shall be the duty of
the Clerk to insert on the copies of all
orders of appointment of Road Over-
seers issued by him the duties requir-
ed of overseer in regard to their non-
acceptance of such appointment.
warrants drawn for labor and mater-
ial furnished and performed on the
several roads of the county. Warrants
to be drawn by the overseer, counter-
signed by the Road Commissioner and
approved by the Commissioner's Court.
Sec. 25. The Commissioner's Court
shall from time to time. make such
allotment of funds to the several roads
precinct as the general road and
bridge fund may be able to bear, al-
ways reserving thirty percent of the
funds for emergencies that may be
occasioned by storms, washouts, and
natural wear and tear of bridges. The
appointment shall be made in the
following order. For each mile of
first-class roads,double the amount for
second-class roads, and for each mile
of second class road double the amount
of third-class road. The emergency
reserve of thirty per cent may be
used on any road, where there is a
demand, arising from extraordinary
circumstances such as storms, wash-
outs, and repairs on, or new bridges,
the Commissioner’s Court shall 'keep
accounts with the several road pre-
cincts, and in no case shall al|ow more
warrants than the funds to the credit
of such precinct will pay except as
provided in the automatic distribution
of the emergency fund. The Com-
missioner’s Court shall from time to
time furnish each Road Commissioner
a list of road precincts in his district
with name of overseer and amount
of money available for each precinct.
Sec. 28. The Road Commissioner
shall notify the several road overseers
of his district of the amount of money
available for his road and shall agree
with said overseer where labor shall be
employed for betterment of his road.
Sec. 27. The Road Overseer when
notified of the fund* at his disposal
and when agreement is made with
Road Commissioner as to character
of work and place where work is to
be done, shall proceed to employ such
meh. teams tools, and buy such
material at current prices as agreed
on with said Road Comisioner and
when the work is done and material
furnished to issue his warrant on the
County Treasurer, accompanied by
itemized account in detail of labor and
material. said warrant to be counter
signed by the Road Commissioner and
approved by the) Commissioner’s
Court, and payable by County Treasur-
er to the original person in whose
favor the warant was drawn on pro-
per proof of death or disability of
claimant .the Commissioner’s Court
may order the warant paid witnout
the personal attendance of the party
Sec. 28. The Road Commissioner
medical attention necessary to main-
tain health and comfort of the con-
viets. Shall also direct the guards and
keepers of convicts to maintain order
and diclpllne by placing on bread and
water such refractory convicts as will
not work and behave themselves,
when such punishment is being ad-
ministered it shall be done with the
knowledge and under the advice and
control of the County Physician, under
no circumstances shall the bread and
water treatment extent for more than
seven consecutive days, when the re-
gular ration shall be allowed for seven
days, and the punishment resumed in
case the offender. fails to come to
terms. A reward of 35.00 shall be
given for escaped convicts, to be paid
out of salary of the guard who per-
mitted the escape. Every escape
shall be charged up to the guard at
35.00 each.
Sec. 4. When to the Commission-
er’s Court it may appear expedient to
une timber earth, stone, clay, gravel,
or other necessary material convenient
to and near the public road it may do
so, but In such case if the owner there-
of demand it, a reasonable compensa-
tion shall be paid out of the road and
bridge fund, to be agreed on between
the owner and the Court..
Sec. 5. It shall be the duty of
the Commissioner’s Court to classify
all public roads into first, second, and
third class roads.
Sec. 6. First class roads shall con-
sist of at least four roads in the
county leading, North, South, East and
West from the county seat to the
county line shall be clear of all ob-
struction not- less than 40 efet nor
more than 80 feet wide. Stumps shall
be cut six inches high and well round-
ed off, the road bed on clay hills and
swamp land shall be 24 feet between
. located may have the right to place
; gates across the road not less than
10 feet wide, open at the top and swing
1 00 as to open and shut easily provided
with good latches and provided that a
block or stump 2 feet high shall be
। located within twenty feet each side
of the gate, to assist in mounting or
dinmounting wheretravels are on
horseback.
Sec. 10. At the first meeting of the
Commissioner’s Court after this act
shall have taken, effect or as soon
thereafter as practicable the Court
shall lay off the county into convenient
road precincts, classify and number
each. precinct and in order of estab-
lishing same, shall specify as differ-
ently as possible the boundry thereof.
Sec. 11. An overseer shall be ap-
pointed and hands appointed by the
said Court for cachraod precinct at
the time of establishing the same, and
at the first regular term of the Court
in each year tho Court shall appoint
an overseer for each road precinct in
the county and at the same time shall
designate all hands liable to work on
the public roads and apportion them
to the several overseers provided the
Road Commissioner hereinftere pro-
vided for In whose jurisdiction a road
may be, may transfer in writing a
hand or hands from one road precinct
to another making such notation on
the overseer commission as will pre-
vent confusion and provided further
of 2 feet shall be maintained as near-
ly as possible. Bribges shall be 16
from specifications approved by , the
Commissioner's Court.
Sec. 7. Second class roads shall be
not less than 30 feet wide with 20 feet
between drain ditches and a cross sec-
tion grade of twelve to twenty Inches
on hills and swamps according to
circumstances, stumps to be cut as
provided in section six. Bridges 12
feet wide and built aa provided in Sec.
six. . ___.__.
Sec. 8. Third class roads shall be
not less than twenty feet wide, 18
feet betwen drain ditches and* graded
as in 2nd class roads.
See. 8. The owners of land through
f runds shall be expended, prescribing
[ Cenaities for the violation of the pro-
i stons of this act, providing that
Emis act be cumulative of all laws
' 0 the subject of roads and bridges
S.na that it be taken notice of by
hh courts as all other general laws
o the state repealing all laws in con-
: diet and declaring an emergency.
Be it enacted by the Legiclature of
the State of Texas.
f lee. 1. That all public roads and
highways that have heretofore been
hid out. and established agreeabe to
he in Upshur County, Texas, except
such as have been discontinued, are
hereby declared to b public roads.
. Sec. 2.- The Commissioner’s Court
ahan have full power and authority,
and it shall be their duty to adopt
Such system for working, laying out,
opening up, changing, discontinuing,
draining and repairing the roads
as they may deem dest, and from
time to time the court may change
their plan or system of working.
The Commissioner’s Court shall have
power to purchase such teams, tools,
and equipment as may be necessary
for working the public roads. Said
court shall have the power to con-
rtruct. grade or otherwise Improve
any road or bridge by contract in
«ch case said court or County Judge
acting under the Courts instructions
nay advertise in such manner as said
Court may determine for bids to do
ths work, and the contract shall be
awarded to the lowest responsible
bidder, who shall enter Into bond
payable to the County Judge or his
neewnor in office for the use and
benefit of the,road and brige fund
with two or more good and suficient
iuretles to be approved by the Com-
nisaloner's Court, or its duly author-
zed agent in such sum as said Court
the same per diem compensation he
receives as a member of the.Commis-
missioner's Court, provided that total
compensation as road commissioner
shall not exceed 3135.00 per quarter
of a year.
Sec. 20. The Road Overseer shall
receive for his service the sum of
one dollar and fifty cents per day pro-
vided that he shall not collect any
thing for the first five days he serves,
the same being the time he is taxed
as hereinafter provided for.
Sec. 30. It shall be the duty of the
County Commissioner when acting as
Road Commissioner to Inform him-
quire all county convicts, not
toe employed to labor on the
roads under such regulatiohs
may prescribe, and each con-
worked shall receive a credit
fine first, and then cost,
wages less the expense of
E and boarding him, and pro-
urther when the convict shall
i faithful service and give no
by rebellious or disorderly
, he shall receive a eommuta-
clnct he resides.
See, 12. If for any reason the
Court shall fall to appoint overseers
drain ditch and a grade cross section , Bec. 18. Should any person ap-
Bec. 38. If the summons be in
writing, it may be served by leaving
the same at the usual place of abode
of the person summoned with some
person residing at such place who is
not less than ten years old, or by post-
ing the same on the door of such
place of abode.
Bec, 40. The overseer may appoint
fill such vacancy, who shall be notified
of his appointment by the said com-
missioner.
Sec. 14. It shall be the duty of the
Clerk of the Commissioner’s Court to
make out copies of all orders appoint-
ing overseers, in duplicate and deliver
the same to the Sheriff of the county
within ton days after such order shay
have been made endorsing on such
copies the date of the order of appoint-
ment
Sec. 15. All orders appointing
Road Overseers shall embrace the de-
signation of hands liable to work the
road under such overseer as far as
known and shall specify the boundar-
ies of such overseers precinct as laid
off by the Court
Sec. 16. The sheriff shall within
twenty days after the receiption of
copies of any orders appointing road
overseers, deliver or leave at the usual
place of abode of such overseer one
of such copies and deliver the other
copy to the County Clerk endorsing
thereon the date and manner of ser-
vice and if not served the cause of his
failure to serve the same.
Sec. 17. It shall be the duty of per-
sons appointed as Overseers who are
lawfully exempt from such service to
notify the County Clerk of his non-
acceptance within ten days after being
notified of his appointment
Sec. 18. Upon notice to the clerk
as provided in the proceeding section
the Clerk shall forthwith report the
same to the Road Commissioner m
whose precinct the vacancy occurs,
who shall appoint another overseer
for such vacancy provided that notice
of non-acceptance may be given direct
to the Road Commissioner who there-
upon shall have the same power and
it shall be his duty to make said
appointment of another overseer.
which any third class road may be '. Bec. 21. Whenever any stream is a
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Stephens, J. J. Upshur County Echo. (Gilmer, Tex.), Vol. 13, No. 37, Ed. 1 Thursday, July 21, 1910, newspaper, July 21, 1910; Gilmer, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1431158/m1/3/?rotate=180: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Upshur County Library.