Highways and Roads - Historical Notes

Tennessee Code Annotated
Tennessee Attorney General Opinions

Highways - Roads

The following is a listing of acts which once had some effect upon the county road
system in Wilson County, but which are no longer operative. Also referenced below are acts
which repeal prior law without providing new substantive provisions.

Public Acts of 1821, Chapter 6, required the Courts of Pleas and Quarter Sessions to
index and classify the public roads in their counties into three classes, largely depending on the
width and the type of use. The width ranged from the stage roads down to one which was wide
enough to allow the passage of a single horse and rider. The court could assign hands to work
and maintain the roads to the specifications given in the Act.
Private Acts of 1826, Chapter 183, was the authority for Nathan Haggard and James
McKinley to open a turnpike road from Sparta in White County running to Lebanon in Wilson
County by way of Milledgeville. Joseph Johnson of Wilson County and John Gordon of Smith
County were appointed as Commissioners to inspect the road and to license it if it met the
requirements of this Act. They would have the right to charge tolls at specified rates when the
road was completed.
Private Acts of 1829, Chapter 260, incorporated John Hardin, William Hardin, Sr.,
Thomas Hardin, J. W. Clay, Graves Pennington, Leonard Keeling, Dr. James Hoggett, John
Buchanan, William W. Murry, Walter Sims, and Timothy Dotson, or any four of them, as the
Lebanon Turnpike Company which would be entitled to all the rights and privileges expressly
and impliedly granted to the Nashville and Murfreesboro Turnpike Company when the sections
of the road mentioned in the act were completed.
Private Acts of 1832, Chapter 87, named Thomas Edmondson, Thomas Claiborne, Henry
L. Douglass, Jesse Wharton, Andrew Jackson, Jr., George Williamson, Pauldin Anderson,
Joseph Johnson, Burchet Douglass, Turner Vaughn, Thomas Kirkpatrick and Alfred McClain as
Commissioners to designate and mark out a turnpike from Lebanon in Wilson County to
Nashville in Davidson County so as to intersect the Nashville-Murfreesboro Turnpike, or the
termination of any street in Nashville. Authorized capitol stock was $100,000 of which the
subscription of $25,000 would be sufficient to permit the company to proceed with its
organization as the Lebanon and Nashville Turnpike Road Company.
Private Acts of 1835-36, Chapter 15, incorporated the Lebanon and Nashville Turnpike
Company with Andrew Jackson, Sr., Joseph Clay, Stokely Donelson, H. L. Douglass, W.
McMurray, William P. Sims, Richard Buchanan, Thomas Hardin, James H. Foster, Edward D.
Hicks, W. G. M. Campbell, Charles L. Love, H. R. W. Hill, Phillip Lindsley, W. G. Hardin, and
Fisher G. Crutcher, all of Davidson County; and James W. Haggard, M. A. Price, Paulding
Anderson, Turner Vaughn, James Jones, Alfred McClain, Ramsey L. Mason, Joseph Johnson,
George Williamson, John Hearn, Robert Hallum, Robert M. Burton, Samuel C. McWherter, O.
G. Finley, L. W. White, Smith Harrison, and Isaac Galloday of Wilson County, who would open
books and sell stock in the corporation. The first meeting of stockholders would be at the home
of Ramsey L. Mason in Wilson County.
Acts of 1837-38, Chapter 86, appointed John Hern, John Muirhead, William L. Martin,
Joseph Johnson, O. G. Findley, Joseph P. Whorton, Solomon Caplinger, Wilson T. Walters,
James Young, George Smith, James M. Armstrong, Jonathan Bailey, and William Lawrence, Jr.,
of Wilson County; five citizens from Smith County, seven from Cannon County, and four from
White County, who were to serve as commissioners to sell stock in the Lebanon-Sparta Turnpike
Company. The turnpike would run from Lebanon to Sparta along the route selected by the chief
engineer of the State.
Acts of 1837-38, Chapter 195, incorporated the Cumberland and Stones River Turnpike
Company to build a road from Murfreesboro to Lebanon with the option of extending the road to
the Cumberland River. The company was also empowered to construct a bridge across the
Cumberland River.
Acts of 1837-38, Chapter 195, appointed Ila Douglas, Joseph Johnson, Dr. Nathaniel
Saunders, E. A. White, Isaac Hunter, Thomas Bradley, Silas Chapman, and Obadiah Gordon as
commissioners to open books and sell stock to construct a macadamized road from Lebanon to
any point on the Cumberland River they considered proper, but the cost of the said road was not
to exceed $6,000 per mile. The company would be styled the Lebanon and Cumberland
Turnpike Company.
Acts of 1837-38, Chapter 216, designated Robert Allen, John G. Park, William Hart,
William W. Carter, and Benjamin Motley as commissioners to sell the authorized capital stock of
$75,000 to build a turnpike road from Carthage in Smith County to Lebanon in Wilson County
by way of Rome to be called the Lebanon, Rome and Carthage Turnpike Company.
Acts of 1837-38, Chapter 217, authorized the Lebanon and Nashville Turnpike Company
to construct a macadamized road from Stewart's Ferry on the Stones River to the Lebanon and
Nashville turnpike road near Thomas Harding's plantation. No tolls would be collected on this
section of the road.
Acts of 1839-40, Chapter 99, allowed the Cumberland and Stone's River Turnpike
Company by deed to surrender their Charter for the whole of the said road except that portion
which runs between Lebanon and Hunter's Warehouse. The Lebanon and Cumberland Turnpike
Company would then succeed to the former company's interest and control the road from
Lebanon to the Cumberland River at Hunter's warehouse.
Acts of 1845-46, Chapter 24, declared that the Internal Improvement Board of the State
of Tennessee would examine the claim of the Lebanon and Sparta Turnpike Company against the
State and exercise the power to direct the Governor to issue State bonds to the company in
satisfaction of the claim in whatever amount could be equitable determined. The company
would in turn agree to pay to the State one-half of the net proceeds of the road each year from
and after January 1, 1846. The Governor was authorized to issue $6,000 in State bonds to the
Lebanon and Nashville Turnpike Company.
Acts of 1847-48, Chapter 219, named Paulding Anderson, T. H. Gordon, William W.
Carter, William B. Saunders, Joseph M. Anderson, William L. Martin, B. T. Motley and A. Cox
as commissioners, a majority of whom would lay out and designate a route for a turnpike road
from Lebanon to Big Spring in Wilson County. The Company could be formally organized as
soon as $5,000 in stock were subscribed as the Lebanon and Big Spring Turnpike Company.
Acts of 1853-54, Chapter 172, appropriated $4,000 from the State treasury to the
Statesville and Stewart's Ferry Turnpike Company to build a bridge across the Stones River, at or
near Stewart's ferry.
Acts of 1853-54, Chapter 240, incorporated the Lebanon and Cole's Ferry Turnpike
Company to build a road from Lebanon to Cole's ferry on the Cumberland River.
Acts of 1853-54, Chapter 257, incorporated the Lafayette, Rome and Lebanon Turnpike
Company to build a road from Lafayette in Macon County, to Dixon's Springs in Smith County,
to Alexander's Ferry on the Cumberland River, thence to Lebanon in Wilson County.
Acts of 1853-54, Chapter 302, incorporated the Stewart's Ferry and Baird's Mill Turnpike
Company to build a road from Stewart's Ferry in Davidson County to Baird's Mills in Wilson
County.
Private Acts of 1857-58, Chapter 16, incorporated the Lebanon and Lowe's Ferry
Turnpike Company which was to construct a turnpike from Lebanon to Lowe's Ferry, a distance
of about 14 miles, in Wilson County.
Private Acts of 1869-70, Chapter 67, incorporated the Lebanon and Statesville Turnpike
Company which would build a road beginning at some point on the Lebanon-Sparta Turnpike
east of Lebanon and run to a point on the Liberty and Murfreesboro Turnpike near Mathew
Wilson's in Wilson County going by way of Statesville. H. R. Ragland, James T. Patton, Eli
Thompson. D. S. Boyd, G. W. Armstrong, J. R. Hale, C. W. Simpson, S. C. Hamilton, H. C.
Alsup, James Edwards, A. J. Armstrong and J. H. Kennedy were named as Commissioners for
the sale of the stock. The County Court could invest in the Road but not over $1,000 per
mile. The Court must call a referendum on the matter before investing.
Public Acts of 1877, Chapter 127, authorized the Lebanon and Sparta Turnpike Company
to extend their road from its terminus at the top of Swan's Hill to Smithville in DeKalb County,
provided all the terms, conditions, and specifications mentioned in the Act were met. The
company was further empowered to build a road from the bridge at Spring Creek in Wilson
County to the town of Carnsville in Wilson County.
Public Acts of 1901, Chapter 136, was a general road law applicable to all counties in
Tennessee under 70,000 in population according to the 1900 Federal Census. The Quarterly
County Court would pick one Road Commissioner from each Road District in the county to
serve two years, the Road Districts being co-extensive with the Civil Districts. The
Commissioners would be sworn, bonded, and be in charge of all the roads, bridges, overseers,
tools, and materials used in his District. Commissioners were to be compensated at the rate of $1
for each day spent in service to their obligations but could not be paid more than $10 in one
year. The Quarterly Court would set the number of days of compulsory road labor in the county
at no less than five, nor more than eight, which each road hand would work and fix the price of
one day's labor in case the road hands desired to commute. The Court could also levy a general
road tax in the county of two cents per $100 property valuation for each day of compulsory labor
for the road hands. The Road Commissioners could name and would supervise the Road
Overseers for each section of road in their district who would be in immediate charge of that
section. Overseers would work the same number of compulsory days as all other road hands
worked but would be paid up to $6 each year for the extra days worked above that. All males
between the ages of 21 and 45 were required to work on the roads. The Commissioners would
receive all petitions to open, close, or change roads, and would also classify and index them, and
see that they met the specifications mentioned in this Act.
Private Acts of 1905, Chapter 478, amended Public Acts of 1901, Chapter 136, in several
minor particulars. The principal change occurred in the methods to be used when acquiring
rights of way, especially when the power of eminent domain was to be exercised.
Private Acts of 1907, Chapter 93, was a road law for Wilson County which gave the
Quarterly Court jurisdiction over all public roads and bridges. The roads were to be classified
into four classes according to width, and they were to follow the specifications listed in the
act. Petitions to open, close, or change a road had to be filed with the County Judge who in turn
was compelled to follow the procedures enumerated in the Act in disposing of them, especially
when the request was for a new road. The County Court would select three Road
Commissioners for each Road District (same as the Civil Districts) initially, and then they would
be elected by the voters to serve terms of two years. The Commissioners would elect a
Chairman and a Clerk/Treasurer. The duties of the Commissioners and the Clerk were stipulated
in the act. All males between the ages of 17 and 60 must work six days a year on the county
roads, or pay $4.50 as a commutation fee. The Court would levy a general road tax of 25 cents
per $100 property valuation on property outside of cities and taxing districts, which money was
to be spent as nearly as possible in the same District in which it was collected. Prisoners could
be used to work the roads under regulations prescribed by the Workhouse Commission.
Private Acts of 1909, Chapter 464, amended Private Acts of 1907, Chapter 93, by
providing that males between the ages of 21 and 50 were required to work six days on the county
roads each year between July 1 and October 1, or pay $6 for a commuting charge which would
be used to hire labor to take that person's place. The District Attorney would prosecute violators
of this Act. The road tax was raised to 30 cents per $100 property valuation. This road tax,
however, could be worked out at 75 cents per day, up to four-fifths of the amount owed. The
Road Commissioners would no longer be exempt from actual road labor or payment of the poll
tax.
Private Acts of 1911, Chapter 38, provided that the Quarterly Court would continue to
have general supervision over all roads and bridges in the county. Roads were to be placed in
one of four classes according to the road's width. Each road was to be graded and have proper
drainage ditches on each side. All requests to open, close or change roads were to go to the
County Judge, or the Chairman, who would initiate the procedures mentioned in the Act leading
to the matter's final disposition. Appeals from decisions of the County Court could be made to
the Circuit Court. The Quarterly Court would initially appoint three Road Commissioners in
each Road District, coextensive with the corresponding Civil District, who would serve until the
first Thursday in August, 1912, when their successors would be elected by popular vote. The
duties of the Commissioners and the Clerk/Treasurer were established in the Act, among which
was the supervision over all the public roads, bridges, and overseers in their district. Males
between the ages of 21 and 50 were compelled to work six days a year on the roads, or pay $6.00
per year to commute. Failure to do either was a misdemeanor punishable by fine. The Court
could levy a tax from 30 cents to 50 cents per $100 and must spend the funds in that district
when possible. Workhouse prisoners could be used on the roads under regulations established
by the Workhouse Commission.
Private Acts of 1917, Chapter 695, amended Private Acts of 1911, Chapter 38, to provide
that the money collected in certain road districts be placed in a separate fund to the credit of the
district in which it was collected. The amount to tax which one could work out on the roads was
reduced from four-fifths to one-half the amount owed.
Private Acts of 1920 (Ex. Sess.), Chapter 94, amended Private Acts of 1911, Chapter 38,
by increasing the amount of the commutation charge from $6 to $18 for the six days.
Private Acts of 1921, Chapter 776, declared that any person, firm or corporation,
incorporated under the State laws to operate a turnpike, or toll road, on which tolls were
maintained under the permission of law in Wilson County were given the authority to charge and
collect tolls at the rates specified in this Act which ranged from five cents for a motorcycle to
seventy-five cents for over 3 ton capacity trucks.
Private Acts of 1921, Chapter 825, amended Private Acts of 1911, Chapter 38, further so
as to change the per diem rate for a road hand to commute instead of working on the road from
$3 per day to $2 per day.
30. Private Acts of 1923, Chapter 443, created a five member County Road Commission
composed of the County Judge, as ex-officio Chairman, and four citizens who would be elected
by the County Court for two year terms. W. T. Terry, Charley Young, J. W. Cragwell, and
George Coleman were named as the first citizen members of the Commission. No member of
the County Court, other than the Judge, could serve on the Commission. The Commissioners
had to be sworn and bonded, would organize by picking a Secretary and would exercise the same
powers as were formerly enjoyed by the Workhouse Commission and the County Turnpike
Inspectors. The Commission would to have full charge of roads, turnpikes, and bridges in the
county, would meet on the Saturday before the first Monday in January, April, July and October,
and provide for the working of the roads by compulsory labor. The Commission was to pick a
District Road Commissioner for each district from three names submitted to them by the Justices
of that district. These District Road Commissioners would be in charge of the roads, the road
hands, and the road overseers in each district. The District Road Commissioner was to appoint
Overseers to a one year term for each section of road, with each section to be between two and
five miles in length. Failure of the road Overseer to perform was a misdemeanor, and he would
be paid $2 each day for those days over and above the compulsory service. District
Commissioners would be sworn and bonded and receive $20 each year for their services. The
County Judge must give the District Road Commissioners and the County Road Commission a
book of warrants to be used to pay bills and debts. Males between 21 and 50 must work from six
to ten days annually as the Quarterly Court decided, or pay $1 for each day missed. The
Quarterly Court would assess an ad valorem tax of between 20 and 50 cents on each $100 of
taxable property. Two-thirds of this tax would be spent on the public roads of the District and
one-third on special designated roads. Roads were to be indexed and classified, obstructions
were outlawed and requests to open, close, or change roads would be decided by the
Commission using the power of condemnation when needed. The County was authorized to
purchase turnpikes and toll roads and make public roads out of them. The Secretary to the
Commission would be paid from $50 to $125 per month and serve as ex-officio Superintendent
of the Workhouse. The Commission would hire enough guards at $2 - $3 per day to work the
prisoners on the roads. The Turnpike Inspectors, the District Road Commissioners, and the
Workhouse Commission were all abolished.
Private Acts of 1923, Chapter 461, amended Private Acts of 1921, Chapter 776, by
changing the toll rates on passenger cars to a schedule based on the weight of the car and the
number of passengers.
Private Acts of 1923, Chapter 665, made it unlawful for any person in Wilson County to
operate a tollgate within a distance of less than one mile from the limits of any city or town,
within less than five miles from another tollgate, within less than one mile from either end of the
road, and no road could have more than 3 tollgates on 17 1/2 miles of road. Violators could be
fined from $10 to $25.
Private Acts of 1925, Chapter 347, stated that in Wilson County W. T. Terry, C. C.
Young, J. W. Cragwell, G. R. Coleman, and the County Judge would compose a commission to
be known as the County Road Commission who would hold office until the first Monday in
January, 1927, at which time the Quarterly Court would choose their successors for two year
terms. No member of the Quarterly Court was allowed to serve on the Commission, except the
County Judge who would be ex-officio Chairman. The Commission would be in charge of all
road projects, would inspect the turnpikes and report the status of all public roads to the
Quarterly Court, and meet on a regular basis at the Courthouse on the Thursday before the first
Monday in January, April, July and October. The Commission had all the powers of the former
Workhouse Commission to work prisoners on the county roads. The Commissioners would
initially appoint a District Road Commissioner in each district who would be in charge of the
district roads. Their successors would be elected to two year terms by the people of the
district. Overseers were to be selected by the District Road Commissioners annually for each
section of road in the district. Overseers were to be paid $2 per day for each day worked over
and above the number of compulsory days and District Commissioners were to be sworn, bonded,
and paid a salary of $20 per year. The Quarterly Court could set the days of compulsory road
work at no less than six nor more than ten and could levy a road tax of no less than 21 cents and
no more than 42 cents per $100 property valuation. Males between 21 and 50 years of age must
work the required number of days or pay $2 for each day missed while owners of wagons and
teams must pay $2.50 for each day missed. The County Road Commission would be paid $5 per
day up to $125 a year; the Secretary to the Commission would receive $50 to $125 per month,
set by the Court, and would be ex-officio Superintendent of the County Workhouse.
Private Acts of 1927, Chapter 475, reenacted most of the provisions set out in Private
Acts of 1925, Chapter 347, naming the same people to the Commission. The tax levy was to be
set at between 20 cents and 40 cents per $100 of taxable property.
Private Acts of 1929, Chapter 364, named W. M. Hobbs, Sam Burton, W. T. Hankins, J.
D. Jennings, and the County Judge were named as the Wilson County Road Commission to serve
until first Monday in January, 1931, when the Quarterly Court would appoint their successors for
two year terms. After being sworn and bonded the Commissioners would elect a Secretary from
outside the Commission. The Commission would be in charge of the Workhouse and all public
roads and bridges, and would meet on the Thursday before the first Monday in each month. They
would appoint the District Road Commissioners from a list of three submitted by the Justices in
the District to supervise the roads in each Civil District. The District Road Commissioners
would appoint the Overseers for sections of roads by September 1 each year. The Overseers
would be paid $2 for each day worked over the compulsory number of days. The Quarterly
Court would fix the number of days to be worked at no less than six nor more than ten by the
males in the county between 21 and 50 years of age. Commutations rates were $2.50 a day for
wagons and teams and $2 a day for laborers. The authorized range for the general road tax
would be set at 21 cents to 42 cents per $100.00, and the Commissioners were to be paid $5 per
day up to $125 each year. The Commission could hire a civil engineer or surveyor to assist the
Commission.
Private Acts of 1931 (2nd Ex. Sess.), Chapter 112, amended Private Acts of 1923,
Chapter 443, by granting the Quarterly Court the authority to reduce the minimum road tax level
to ten cents per $100 property valuation and by requiring that at least 50% of the tax be paid in
cash and spent as nearly as possible in the district from whence it came but the other half could
be worked out on the roads, if preferred.
Private Acts of 1933, Chapter 463, generally followed the outline of previous Acts on this
subject and named N. B. Nokes, A. B. Beasley, E. L. Edwards, J. D. Jennings, and the County
Judge, or Chairman, to compose the County Road Commission to serve until the first Monday in
January, 1935, at which time their successors, elected by the Quarterly Court, would assume the
office for two year terms. The members would be sworn and bonded, the County Judge would
be the ex-officio Chairman, and the Commission would choose a Secretary who could not be a
member of the Commission or the County Court. The Commission would continue to meet on
the Thursday before the first Monday in each month. The maximum general road tax was set at
10 cents per $100 property valuation and the Commissioners would be paid $4 per day up to
$120 per year, plus their legitimate expenses. This Act was repealed by Private Acts of 1943,
Chapter 447.
Private Acts of 1933, Chapter 516, made it the duty of the County Highway Commission
to certify as correct all cost bills of defendants confined in the county workhouse for failure to
pay the cost and fine imposed. The cost bill would then be paid out of the two cent Gas Tax
Fund apportioned to the county for county highway purposes.
Private Acts of 1937, Chapter 64, amended Private Acts of 1933, Chapter 463, by striking
all provisions concerning compulsory road work and permitting the loaning of tools. A new
Section 6 was added to provide that all the money raised under the ten cent general road tax
would be used on roads. The Quarterly Court could levy a $3 tax on all males between the ages
of 21 and 50, and anyone failing to pay such tax would have to work six days on the county
roads. There would be no more compulsory road work in the county. The positions of District
Road Commissioner and Road Overseer were abolished, but the prohibition on road work did not
extend to prison labor. All other provisions of Private Acts of 1933, Chapter 463, would remain
in effect. This Act was repealed by Private Acts of 1943, Chapter 447.
Private Acts of 1939, Chapter 374, amended Private Acts of 1933, Chapter 463, by
setting up procedures to make purchases over $250 by the County Road Commission which
included advertising and solicitation of bids, and declaring that all contracts of purchase
produced otherwise were null and void and unenforceable. Failure to abide by these
requirements was misconduct in office. The year was divided into quarters and the Commission
was forbidden to spend more than 90% of the revenue from all sources during any quarter, and
the other 10% would be used to retire the indebtedness. An emergency fund could be set up for
emergency purchases and be allowed to accumulate as the Commission might desire. This Act
was repealed by Private Acts of 1943, Chapter 447.
Private Acts of 1943, Chapter 447, created the office of Superintendent of Roads in
Wilson County, who must be a citizen of the county, at least 25 years of age, and have at least an
elementary school education. The Superintendent would be sworn and bonded, be paid an
annual salary of $1,800 in equal monthly installments, would be in a general charge of the
Department of Roads with authority to hire and fire the personnel of that Department, to fix the
wages of the employees, and to buy equipment and materials, except that all purchases exceeding
$100 would be on competitive bid solicited and awarded according to the guidelines in the
Act. The Superintendent, with the approval of the County Judge and County Court Clerk, could
employ a Secretary at a monthly salary not to exceed $100. The County Judge had to
countersign all warrants before payment and approve all condemnations of property before suit
was instituted. The Superintendent would be elected by the people for two years at the biennial
August election. Vacancies would be filled by County Judge until the Quarterly Court met and
could select someone to serve the balance of the unexpired term. Debts could not be incurred
beyond 90% of the revenues and funds received from all sources during a quarterly period, the
other 10% being set aside to retire bonds and pay other outstanding indebtedness incurred for
highway purposes. The Superintendent could establish an emergency fund for materials and
equipment, but could not obligate the county beyond the amount of available funds for that
current quarter. Reports to the Court on the conditions of roads were due each quarter. A
general road tax of ten cents per $100 was imposed on all taxable property and a $3 tax was
levied against all males between 21 and 50 years of age outside cities, for which failure to pay
could bring about six days labor on the roads of the county. This Act was repealed by Private
Acts of 1949, Chapter 299.
Private Acts of 1945, Chapter 201, amended Private Acts of 1943, Chapter 447, so as to
allow the Superintendent of Roads to make purchases up to $300 without having to solicit bids
for them, the former limitation in this regard being $100.
Private Acts of 1945, Chapter 558, amended Private Acts of 1943, Chapter 447, by
increasing the maximum amount of the salary which could be paid to the Secretary to the
Superintendent of Roads from $100 to $120 monthly.
Private Acts of 1947, Chapter 655, amended Private Acts of 1943, Chapter 447, to raise
the annual salary of the Superintendent of Roads in Wilson County from $1,800 to $3,000
payable in monthly installments. Section 13 was changed to prohibit the Superintendent from
lending the machinery or trucks of the county for the use and benefit of any private individual or
institution.
Private Acts of 1949, Chapter 239, created a County Road Commission for Wilson
County which would be in charge of all county roads. The county would be divided into five
Road Districts made up of whole Civil Districts. Charles R. Oldham. S. P. (Preston) Bass, Alton
Armstrong, Wade Bland, and Sam Hankins were named as the first Road Commissioners to hold
office until September 1, 1950, and they could not succeed themselves. At the August, 1950,
general election, the successors to the Road Commissioners would be elected, one from each
Road District, to serve a two year term. They would elect one of their members as Chairman,
and could fill vacancies until the next general election. Their compensation would be $25 per
month except that the Chairman would be paid $50 per month. The Commission was granted all
the powers of the Workhouse Commission, would have general supervision over all public roads
in the county and the road funds, and would meet on the first and third Thursday of each
month. The Commission would purchase supplies and equipment with all over $500 being by
competitive bids. They could employ a secretary at no more than $150 per month and an
attorney, when needed. Each Commissioner would supervise the road work and programs in his
District. A County Supervisor of Roads could be employed and placed in immediate charge, at a
salary of no more than $225 per month. The County Road Commission could also employ an
experienced Civil Engineer, and he could be paid up to $500 per month. The fiscal year and
budget would be divided into quarters and the quarterly amount of funds would not be
exceeded. Books of the Commission would be audited by the County Judge and the County
Finance Committee. This Act was repealed by Private Acts of 1961, Chapter 194.
Private Acts of 1951, Chapter 176, amended Private Acts of 1949, Chapter 239, to make
the County Judge a member of the County Road Commission of Wilson County in addition to
the five members previously provided, who would meet with the others and participate in the
business of the Department, but could vote only in case of a tie. After September 1, 1952, the
County Judge would be the Chairman of the Commission and preside at all meetings. Section 3
was changed to make the County Judge the Purchasing Agent of the County Road Commission
since he was an ex-officio member and the County Purchasing Agent by virtue of Private Acts of
1947, Chapter 637. The Judge was directed to follow the purchasing procedures specified for all
purchases over $500. The County Judge would be paid $25 per month for these services in
addition to all other compensation as provided by Private Acts of 1949, Chapter 926.
Private Acts of 1951, Chapter 360, amended Private Acts of 1949, Chapter 239, to add a
provision that no more than 35% of the county road funds allocated, expended, and distributed in
each of the First, Second, Third and Fourth Road Districts for any 12 month period, could be
expended upon the roads of any one civil district. Any citizen could maintain an action to
enforce the provisions of this act.
Private Acts of 1953, Chapter 415, amended Private Acts of 1949, Chapter 239, Section 1,
to provide that the County Judge as a member and Chairman of the County Road Commission
would with the Commission inspect the roads in Wilson County in September of each year,
reduce the inspection to a detailed report of the conditions of the road and formulate a program
for the coming year which must be approved by a majority of the Road Commission before any
road work could be done or any funds spent in that year, for which duty and extra work the
County Judge would be paid $350 per annum. Section 4 was changed to increase the monthly
salary of the Secretary to the Commission from $150 to $200, and Section 11 was altered to give
the Supervisor of Roads control of all the machinery, equipment, and supplies, for the benefit of
the Wilson County road system as a whole.
Private Acts of 1957, Chapter 102, amended Private Acts of 1949, Chapter 239, in
Section One so that the 13th Civil District would be removed from the Second Road District and
would become a part of the Third Road District. The Section was further amended to allow the
Road Commissioners to succeed themselves in office for two terms and then could run again
after sitting out one term. This Act was not approved by the Quarterly Court of Wilson County
and never became an effective law.
Private Acts of 1959, Chapter 95, was an attempt to rewrite the Wilson County Road Law
but was not approved by the Quarterly Court and thus failed to become effective. The Act
established a road system for the county over which a three member County Road Commission,
appointed to three year terms by the Quarterly Court, would have general supervision and
control. The members would be sworn and bonded, elect their Chairman, be compensated at $50
a month for the Chairman and $25 for the members, would meet on the first and third Thursday
of each month, and be in charge of the Workhouse. Roads were to be classified by traffic count
and a long range program implemented. The Commission would fix personnel policies, act as
the purchasing agency for the Road Department, award bids and let contracts. The Board would
employ a County Supervisor of Roads to be in immediate charge.
Private Acts of 1961, Chapter 172, amended Private Acts of 1949, Chapter 239, by
increasing the maximum monthly salary of the Secretary to $300.