Highways and Highway Transportation

by George R. Chatburn

An Act to provide for the more permanent improvement of the public roads of this State.

Whereas public roads in this State have heretofore been built and maintained solely at the expense of the respective townships in which they are located; and

Whereas such roads are for the convenience of the citizens of the counties in which they are located, and of the entire State as well as of said townships; and

Whereas the expense of constructing permanently improved roads may be reasonably imposed in due proportions, upon the State and upon the counties in which they are located: Therefore, ...

And be it enacted, That whenever there shall be presented to the board of chosen freeholders of any county a petition signed by the owners of at least two-thirds of the lands and real estate fronting or bordering on any public road ... praying the board to cause such road ... to be improved under this act, and setting forth that they are willing that the peculiar benefits conferred on the lands fronting or bordering on said road ... shall be assessed thereon, in amount not exceeding ten per centum of the entire cost of the improvement, it shall be the duty of the board to cause such improvements to be made: Provided, that the estimated cost of all improvements ... in any county in any one year shall not exceed one-half of one per centum of the ratables of such county for the last preceding year....

And be it enacted, That one-third of the cost of all roads constructed ... shall be paid for out of the State treasury: Provided, That the amount so paid shall not in any one year exceed the sum of seventy-five thousand dollars....

It will be seen that under this law the property owners pay one-tenth, the State one-third and the county the remaining 56²⁄₃ per cent. Except for the 10 per cent paid by the abutting property holders the burden borne by all citizens of the county is the same.

The friends of the movement demanded its enforcement; the opponents were equally determined which resulted in an appeal to the courts and the mandatory features were sustained. As it was first enacted the total expenditure was $20,000 and a Commissioner of Agriculture was to supervise its disbursement. But as there was no such officer the next legislature, at the suggestion of the governor, authorized the president of the State Board of Agriculture to perform these duties; this he did until the office of the Commissioner of Public Roads was created. The first money paid out under the act was December 27, 1892, $20,661.85, and this was the first money paid in the United States for state aid for the construction of roads. With slight amendments the law remains to the present and has been emulated by nearly all the states in the Union.

In Massachusetts advocates of better roads attempted legislation looking toward a system of state highways in 1887 and annually thereafter until 1892.[152] In 1892 the demand became so great that the legislature enacted a law providing for a commission of three to inquire into the entire subject and report to the legislature of 1893, with suitable appropriation for the purpose. The commission made a thorough investigation, held public hearings, and made inquiries among all classes. Their findings were brought before the legislature and a general road law was enacted providing for a commission of three competent persons who should give advice to those having charge of the public highways; it further contemplated the building and care for by this commission of a system of state highways connecting the several municipalities. At first the counties were supposed to grade the roads and the Commonwealth to surface them but the law was changed (1894) so that the Commonwealth through the highway commission does the entire work of construction and maintenance then charges back to the counties 25 per cent of the cost, so that finally the State pays 75 per cent and the county 25 per cent. In 1913 an amendment was made to relieve small communities from the payment of the entire amount thus the State, in reality, pays more than 75 per cent of the expense.

The state aid principle has been adopted by all states in the union; many before federal aid came, the remainder since. Connecticut was third in 1895 and New York fourth in 1898.