| 1807. | Act of April 9th gives the State’s consent to the making of the
road within its limits, provided the route be changed to pass
through Uniontown and Washington; also gives the United States
authorities full power to enter upon lands, dig, cut and carry
away materials, etc., for the purpose of completing and
forever keeping in repair said road. Pamphlet Laws, page 185. |
| 1828. | February 7th. Joint resolution authorizes the Government of the
United States to erect toll gates, enforce the collection of
tolls, and to do and perform every other act and thing which may
be deemed necessary to insure the PERMANENT repair and
preservation of the road. Andrew Shultz, Governor, Nerr
Middleswarth, Speaker of the House of Representatives, Daniel
Sturgeon, Speaker of the Senate. Pamphlet laws, page 500. |
| 1831. | Act of April 11th. Preamble: “Whereas, that part of the
Cumberland Road lying within the State of Pennsylvania is in
many parts in bad condition for want of repairs, and as doubts
have been entertained whether the United States have authority
to erect toll gates on said road and collect toll, and as a
large proportion of the people of this commonwealth are
interested in said road, ITS CONSTANT CONTINUANCE AND
PRESERVATION, therefore, etc.” The act then goes on and
authorizes the erection of at least six gates, designates
classes and persons exempt from toll, provides for the erection
of directors (boards ordering teams, etc., to pass to the
right), establishes rates of tolls, regulates the manner of
collecting the same, etc. Pamphlet Laws, page 419. For a
judicial construction of this act, see case of Hopkins vs.
Stockton, 2 Watts and Sargeant, page 163. |
| 1835. | Act of April 1st requires supervisors of highways to make paved
valleys or stone culverts where other roads intersect the
Cumberland Road and this act also signifies the State’s
acceptance of the road from the General Government. Pamphlet
Laws, page 102. |
| 1836. | Act of June 13th provides for payment of half toll by persons
carrying the United States mail, and fixes penalties for
attempts to defraud the State of toll. Pamphlet Laws, page 534.
This act declared inoperative by the Supreme Court of the United
States, in so far as it levies toll on mail coaches. |
| 1837. | Act of April 4th exempts persons hauling coal for home
consumption from payment of tolls. Pamphlet Laws, page 353. |
| 1839. | Act of February 5th in form of a joint resolution requires
Commissioners to give bond in the sum of $6,000. Pamphlet Laws,
page 637. Changed by subsequent acts. |
| 1839. | Act of June 17th, in form of a joint resolution, fixes the
compensation of Commissioners at $3 per diem, not to exceed one
hundred and fifty days in any one year. Pamphlet Laws, page 679.
Changed by subsequent acts. |
| 1840. | Act of March 24th authorizes the appointment of one Commissioner
by the Governor for a term of three years, at a compensation of
$3.00 per diem, requiring him to give bond in the sum of
$10,000, to keep an account of receipts and expenditures, and
publish the same; and further provides for auditors to adjust
accounts. Pamphlet Laws, page 207. Partially repealed by
subsequent acts. |
| 1843. | Act of April 5th authorizes Commissioners to stop mail coaches
to enforce payment of tolls. Pamphlet Laws, page 164. This act
held to be void by the Supreme Court of the United States, and
supplied by act of April 14th, 1845, postea. |
| 1845. | Act of April 14th (Omnibus Bill).
“Preamble: Whereas, it has lately been decided by the Supreme
Court of the United States, that the acts of assembly of this
Commonwealth, relating to the collection of tolls on that part
of the Cumberland Road which is within this State, passed June
13th, 1836, and April 5th, 1843, do not authorize the
collection of any amount of tolls whatever for the passage
upon said road of any stage, coach, or other vehicle carrying
passengers with their baggage and goods, if such stage, coach,
or other vehicle, is at the same time carrying any of the
mails or property of the United States; and whereas, the said
court sanctions the power of Pennsylvania to provide for the
repairs of said road by a general assessment of tolls upon
persons traveling thereon, which it is deemed just and right
should be paid; and whereas, also, it is found to be
impracticable to keep said road in good repair and out of
debt by the tolls collectable under the existing laws of this
Commonwealth, as interpreted by said Court, therefore,” &c.
This act then goes on and in section 12 imposes a toll of not
less than two nor more than fifteen cents, as shall be fixed
and determined by the Commissioner, upon every person riding
or traveling in any vehicle carrying the United States mails,
for every fourteen miles over which such person shall have
been a passenger or traveler, and in proportion for shorter
distances, provided that no toll shall be demanded from any
guard to the mails, agent of the postoffice, bearer of
dispatches for the General or State Government, nor any naval
or military officer of the United States or this State,
traveling in the discharge of official duty. Section 13
provides the manner of collecting tolls under this act.
Section 14 imposes a penalty of fifty dollars on any driver
who neglects to report at every gate the number of passengers
in his carriage or coach. Section 15 provides that in case of
refusal of passengers to pay or neglect of drivers to report,
collectors shall charge in a book all unpaid tolls and sue for
the same. Section 16 provides that in every case where a
collector may be unable from omission or neglect of drivers or
passengers to ascertain the number of passengers liable to
toll under this act, he may charge and recover for so many as
the carriage shall be capable of carrying. Section 17 provides
a penalty of twenty dollars for every fraudulent attempt to
evade the payment of toll imposed by this act. Pamphlet Laws,
pages 430-1. This act is still in force, though mail coaches
(rather hacks) have been carrying passengers and freights for
many years without paying toll. |
| 1847. | Act of March 16th authorizes the Governor to appoint a
Commissioner on each side of the Monongahela river, at a salary
of $350 each. Pamphlet Laws, page 477. Subsequently repealed. |
| 1848. | Act of April 8th provides for the appointment of trustees by the
courts of Somerset, Fayette and Washington counties (one in
each), said trustees to appoint one or more Commissioners.
Pamphlet Laws, page 523. Repealed. |
| 1850. | Act of May 3d authorizes the Commissioner and the Court of
Quarter Sessions to determine what travel and transportation
shall be in part or in whole exempt from toll; also authorizes
the imposition of toll upon persons using the road who do not
pass through the gates thereon, and prescribes the manner of
collecting the same; also authorizes the Commissioner to change
the location of gates, and to sell and convey toll houses and
grounds, and to purchase sites. Pamphlet Laws, page 682. This
act remains in force. |
| 1856. | Act of April 22, authorizes the Courts of Fayette and Washington
counties to appoint superintendents. Pamphlet Laws, page 523.
Prior to the date of this act, the officer in charge of the road
was invariably called Commissioner. This act repealed as to that
portion of the road east of the Monongahela by Act of May 1,
1861. Postea. |
| 1861. | Act of May 1, authorizes the Governor to appoint one person as
Superintendent for so much of the road as lies within the
counties of Fayette and Somerset, and repeals part of the act of
April 22, 1856, supra. Pamphlet Laws, page 678. |
| 1864. | Act of April 13th, requires Superintendents to appropriate fifty
per cent. of the tolls to the payment of old debts. Pamphlet
Laws, page 408. Repealed. |
| 1865. | Act of March 21, repeals so much of the act of April 13th, 1864,
supra, as requires Superintendents to apply fifty per cent. of
tolls to the payment of old debts, and provides that bona fide
holders of certificates of indebtedness for repairs shall be
allowed credit for tolls on their certificates. Pamphlet Laws,
page 474. |
| 1865. | Act of November 27th, provides for the adjudication and payment
of certain claims against the road. Appendix to Pamphlet Laws of
1866, page 1,226. |
| 1867. | Act of January 7th, repeals outright in toto the act of April
13th, 1864, supra. Pamphlet Laws, page 1,543. |
| 1868. | Act of March 20th, authorizes and requires the Superintendent
to repair the road, and keep it in repair, where it passes
through any town or borough forming a street thereof in the
county of Fayette. Pamphlet Laws, page 444. In force. |
| 1877. | Act of April 4th, authorizes the Governor to appoint a
Commissioner for that portion of the road lying between the
Monongahela river and the line of the State of West Virginia for
a term of three years from the termination of the term of
incumbent, at a salary of $3.00 per diem, not to exceed $300 per
annum, to account under oath to the auditors of Washington
county. Pamphlet Laws, page 53. |
| 1893. | Act of June 2d, appropriates $1,500 to repair the great stone
bridge at the Big Crossings. Pamphlet Laws, page 213. |
The following communications and statements show the unexpended balances in 1834 of appropriations made by Congress in preceding years, for constructing the road through the State of Indiana:
Washington, Jan. 20th, 1835.
Engineer Department, Jan. 19th, 1835.