Private Acts of 1921 Chapter 750

SECTION 1. That it shall be the duty of each and every County in Tennessee having a population of not less than Thirteen Thousand Four Hundred and not more than Thirteen Thousand Four Hundred and Twenty according to the Federal Census of 1920, or any subsequent Federal Census, to locate or lay out, construct, repair, work and maintain a system of pike, macadam, dirt, earth and other public roads.

SECTION 2. That the opening, closing, changing, working and maintaining the public roads in said Counties shall be in charge and control of and under the supervision of a County Road Commission, composed of a Superintendent of Roads for the County at large, and one Road Commissioner for each Civil District of the County. The Superintendent of Roads shall be elected for a term of four years by the qualified voters of each County at the regular election on the first Thursday in August, 1930, and every four years thereafter for a term of four years beginning on the first day of September, 1930, provided, that George W. Rector, the present Superintendent of Roads of Scott County, by virtue of the election of the qualified voters, and said County being one of the Counties to which this Act applies, is hereby appointed Superintendent of Roads of said Scott County to discharge the duties of said office as required by said Act and the general Road Laws of the State, until said regular election in August, 1930, and until his successor is elected and qualified for the succeeding term from September first, and upon his qualifying as required by said Act, is hereby appointed Superintendent of Roads for said County to discharge the duties thereof until the first regular election and his successor, is elected and qualified, upon his giving bond and taking oath as required by this Act. The Superintendent of Roads is authorized to supervise and control the expenditure of all county road funds which may be derived from the gasoline tax and allocated to the county by the State, including the employment of a qualified Road Supervisor at a salary not to exceed $5,000.00 per annum, and all necessary assistants and labor for said purposes, it being intended by this provision to confer upon the Superintendent of Roads authority to extend such County Aid without limiting such expenditure to the control and direction of the County Road Commission. Provided, further, that in the purchase of equipment the County Judge shall be required to approve said expenditure, it being the intention of this provision to limit the purchasing powers of the Road Superintendent. The Superintendent of Roads shall be the agent of the county in dealing with the State Highway Department in connection with road matters pertaining to the county.

The Superintendent of Roads shall be at least twenty-five years of age, a freeholder and householder and citizen of the County and skilled in road construction and maintenance and have a practical knowledge of road engineering and qualifications to make the records and reports required by this Act, and no person not so qualified shall be eligible. The Superintendent before entering upon his duties shall enter into a good and solvent bond payable to the State in the sum of Five Thousand Dollars conditioned to faithfully and honestly perform the duties of the office, and to properly expend and use and account for all road funds and labor and machinery, tools and materials and to make reports and records of roads, road funds, road labor and road conditions, which bond shall be acknowledged before the County Court Clerk and approved by the County Judge and filed in said Court, and take and subscribe to an oath before the County Court Clerk that he will honestly, faithfully and impartially perform the duties of his office, and that he will not directly or indirectly become pecuniarily interested in any contract for road labor, funds, materials, machinery, tools, or other road transactions and contracts. When so qualified the minutes of the County Court shall show he was inducted into office and entered upon his duties. The Superintendent shall be paid for his services Seven Thousand Five Hundred Dollars per annum out of the road funds in quarterly payments on the first Mondays in July, October, January and April. The Road Commissioner for each district shall be elected by the qualified voters of their District, at the regular August election, 1924, and every two years thereafter; provided, that the present District Commissioners hold their office until the regular August election, 1924, or until their successors are elected and qualified.

The Road Commissioner for each district shall be a freeholder or householder and citizen of the district from which elected and more than twenty-one years of age and skilled in road work and capable and qualified to make the records and reports required by this Act, and persons not so qualified are not eligible. Before entering upon their duties Road Commissioners shall enter into a good and solvent bond in the sum of One Thousand Dollars to be conditioned, and payable, and acknowledged, approved and filed as required of the Superintendent, and shall also take and subscribe to an oath of office as required of the Superintendent and thereupon be inducted into office by the County Court. The compensation of the District Road Commissioners shall be One Hundred Twenty Dollars per annum and payable out of the road funds quarterly on the first Mondays in July, October, January and April. The Quarterly County Court may remove any Superintendent of Roads or Commis-sioners for neglect of duty and shall remove any of said officials for wilful neglect of duty or corrupt acts, amounting to nonfeasance or malfeasance in office, when written charges thereof are made and satisfactorily proven, provided that such official shall have at least five days written notice of the charges before the hearing. In case of vacancy in the office of Superintendent or Commissioner the County Judge shall fill the same by appointment of some eligible person until the next Quarterly County Court, when the Quarterly Court shall elect such official to serve the remainder of the unexpired term and until the next regular election for such office. No Justice of the Peace or member of the County Court shall be eligible to the office of Superintendent of Roads or Road Commissioner, and shall not be Road Overseer or contractor or become interested in any contracts for labor, funds or money, materials, tools or machinery.

Notwithstanding the provisions of any act of the General Assembly enacted prior to January 1, 1973, the salary of the county superintendent of roads shall be seven thousand five hundred dollars ($7,500) a year, payable in equal monthly installments out of the road funds of the county, and the salary of the road supervisor shall be five thousand dollars ($5,000) a year, payable in equal monthly installments out of the road funds of the county.

SECTION 3. That the duties of the Superintendent of the Roads shall be as follows:

1. To take charge of all public roads and bridges in the County and superintend and assist in public road construction, repair and maintain and to carefully and properly use and employ road labor and machinery, tools and materials, and expend road funds so as to avoid waste and graft, and so as to best accommodate the the (sic) travel and traffic and promote and secure the public welfare in the County.
2. To take charge of all road machinery, equipment, tools, and materials owned by the County, and make a complete inventory of same, and to buy and furnish for road work in the different road districts, all other road machinery, equipment, tools and materials, from time to time as the road funds permit or warrant and the public good demands, when the value of the property or amount of the contract is less than Two Hundred Dollars, and take a receipt from each of the sellers for each purchase showing the date and amount paid and what it was paid for.
3. To designate and furnish road machinery, tools and materials to the different districts and Commissioners thereof, a proportionate or equitable part of the time or a proper and equitable share of the machinery and tools for all the time so as to best supply the needs for improving the roads in all the districts, and upon delivery take the Commissioners receipt therefor.
4. To assist the District Road Commissioners in public road work and require that all reports of both Superintendent and Commissioners shall be submitted to the County Judge for his examination and approval before issuing his warrant for the salary of the Superintendent and Commissioners. Upon the failure of the Superintendent or any Commissioner to make the reports required by this Act at the time specified, then the Quarterly County Court shall declare such office vacant and shall proceed to elect or appoint his successor as this Act directs.
5. To draw his order on the County Judge or Chairman to obtain his road warrant on the County Trustee for the purchase of road machinery tools, materials and for labor or road work and all other necessary and legal expenditures of road funds, provided that in each case or item of expenditure he must have on file in his office the written receipt of any seller of machinery or tools or materials or supplies given to him by the seller and the affidavit of the Road Overseer for the payment of road labor or the affidavit of the person who performed the labor on the public road under contract, and his order to the Judge shall specify for what it is drawn. In no case shall the Superintendent draw his order in excess of the funds due or become due and available for the year.
6. To provide suitable record books and make and keep a complete record of all roads, road work and road expenditures. Among other things his record shall show the number, name and describe the beginning, the route or course and the termination of each road or road section in each district on which public labor is performed or money expended, the name of the overseer of each road the names of the farms or lands and homes from which labor is assigned to each road, names of all men subject to road labor on each road, the number of days each man was warned by the overseer to work and the number of days each man worked in accordance with the warning, the names of the men who failed to work when warned but paid commutation to the County Trustee instead of working and the amount so paid by each, names of the men who failed or refused to work the road when warned and who did not pay commutation to the Trustee, and names of hands who were prosecuted for violation of the law and the amount of the fine assessed in each case and whether collected or paid over to the Trustee for the benefit of the road section to which the offender belonged, and also the names of those subject to road labor and assigned to the road who were not warned to work and the reasons therefor.  

It shall also show the dates, items and amounts of public funds used or expended on each road section, the purpose for which paid out and the name of the person to whom paid, the machinery, tools and materials bought with the dates, items or article bought, the names of the sellers and the price paid for all machinery, tools and materials and all other items of expenditures as paid out and disbursed from time to time and the total disbursements for all purposes, for each calendar year said record, books and papers shall be public records and subject to inspection at all reasonable times.

7. To consider and act upon petitions or applications to open, close or change roads, and take necessary steps to acquire necessary rights of way at the least possible cost and trouble by making contracts with land owners and otherwise but contracts for road ways or rights of way shall be subject to the approval of the County Judge.
8. To make a full and complete report to the Quarterly County Court at its January, April, July, and October terms of said court each year the number, names and description of each road section designated and reported as a public road together with the name of the overseer of each road and the names of hands assigned thereto for labor, and the number of days worked by each man and the number of days each man failed to work but paid commutation, and the names of the men who failed to work or pay when warned, and the names of hands not warned and the reasons therefor and the results of all prosecutions for all violations of this Act. He shall report all items and expenditures for public road work on each road section, and for road materials, machinery, tools and for all other expenditures, giving the dates, name of the person to whom paid, the purpose for which paid and amount of each item and the total amount of expenditures on all accounts. He may also report other conditions of the roads and road work and other facts that may be beneficial or interesting to the public and make such recommendations as he may see fit.
9. To call meetings of the County Road Commission when necessary or required and preside over the meetings and keep accurate and proper records of the transactions and actions of the Commission.

SECTION 4. That the duties of the District Commissioners shall be as follows:

1. To take charge under the supervision of the Superintendent of all public roads in his district and to improve, work and keep same in repair and to receive and receipt for all road machinery, tools and materials assigned to and delivered to him by the Superintendent for his  
2. To properly sectionize and designate the roads of his district upon which labor is to be performed or money expended by numbering and naming each road or road section and fixing or describing its beginning, its route or course and determination, in April, 1921, and on the first Monday of January each and every year thereafter, and at the same time appoint in writing for the year a competent and reliable overseer, skilled in road work, for each road or road section so designated, and assign road hands or labor on farms or lands and in homes contiguous or adjacent to each road. Each overseer must belong to the road where appointed. A record of such designation, appointments and assignments shall be made and kept by him and report thereof made to the Superintendent of Roads.  

The Commissioners are empowered to remove overseers at will for neglect of duty and appoint others. When designated for public labor and funds no road shall be closed, changed or opened in the district during the year except upon application to the Superintendent and his order therefor.  

3. To require overseers of his district to warn all men subject to road labor to work on the roads to which assigned in due time, and to report to him the names of all men subject to road labor on their respective sections, the names of those warned, and the number of days for which warned, and the number of days worked by each, the names of those who failed to work, and number of days each is delinquent, and the names of those not warned and the reason therefor. Reports relative thereto shall be made on the first Mondays of July, October and April of each year.  
4. To have the road funds derived from all sources for his district worked out on the roads or road sections therein and as nearly as practical on each section in proportion to the amount collected or derived therefrom, giving preference to the road hands and tax payers assigned to or contiguous to the road if satisfactory labor is available. The number of hours customary in the locality shall constitute a days (sic) labor and the customary wages for such may be paid for labor of men and teams.  
5. To make and keep a record of the names of all persons employed to work for wages on the roads and numbers of days work performed by each and the wages paid per day and the amounts paid out on each road section to each man and make report of same to the Superintendent on first Mondays in July, October, January and April of each year and oftener if required.  
6. To prosecute in name of State all persons subject to road labor who fail to work or pay when warned and to summon the Overseer and Trustee and other witnesses to convict the guilty and see that all fines assessed are collected and paid over to the Trustee to the credit of the district and road to which it is due or belongs.  
7. To require reports from overseers of his district and make final settlement with them for each year not later than the 20th day of December and in turn to make report to and settlement with the Superintendent of Roads not later than December 31st each year. No order or warrant shall be drawn to pay Commissioners until the reports due from them are made as required.  
8. To meet with the Superintendent and the other Road Commissioners of the County when called or notified or as required and as a member of the Commission to take such action relating to roads and road funds as is necessary or best.

COMPILER'S NOTE: Private Acts of 1935 (Ex. Sess.), Chapter 14, abolished district commissioners.

SECTION 5. That Road Overseers shall take charge of their respective roads and improve and repair and maintain same, and properly preserve, use and account for all road machinery, tools and materials. Overseers shall give all hands subject to road labor at least three days notice or warning in person or by written letters or notice left at his residence or usual stopping place of the time and place of working. Any hand subject to road duty may furnish an able-bodied substitute not under eighteen years of age. Any hand or substitute may be dismissed by the overseer for failure to put in good time or to obey orders. Removal from one district to another will not excuse any road hand subject to road duty from labor in either district. Each overseer shall serve four days without compensation, and for each additional day he shall receive $2.00 per day, but in no case to receive more than Ten Dollars in any one year; provided that if any road district has funds sufficient to hire hands to work on roads or in case of emergency where it is necessary to remove obstructions or make repairs the District Commissioner may allow pay to any overseer for such extra work, provided he first obtain authority to do the same. All hands assigned to each road and overseers shall be worked at the same time or warned to do so in so far as it is practical to best maintain the roads. Not later than December 20th and when required by the Commissioner of his district each overseer shall make a written report under oath to the Commissioner of his services and work, showing the number of days with the dates devoted by him to the discharge of his duties, and the names and number of days worked by each hand, the names of hands who failed to work but paid the Trustee, and the names of hands who failed to work or pay when warned and the number of days each is delinquent, and names of hands not warned and the reasons therefor.

SECTION 6. That all male residents of said Counties, except those residing in incorporated towns, between the age of twenty-one and forty-five years on January 10th of each year, except such as have been released by the County Court from payment of poll tax and from working the public roads, shall be subject to work four days on the public roads of the County and district where they reside on said date and four days of road work for each year are hereby assessed and levied against said male residents, and eight hours constitute a day's road work; provided that any man subject to road labor may commute same by paying in lieu of work Four Dollars to the County Trustee at any time before warned to work on or before the day or days warned to work or by paying to the Trustee at the rate of One Dollar per day for each day warned to work when less than four days and when warned to work them, provided further that commutation or pay in lieu of road work shall be payable to the Trustee at any time after January 10th of each year and separate and apart from other taxes assessed against any road hand. It shall be the duty of every such male citizen subject to road labor to work on the roads when warned or to pay one dollar per day in lieu thereof to the County Trustee and failure to so work or pay shall be a misdemeanor and punishable by a fine for each offense of not less than Ten Dollars.

SECTION 7. That in laying out, locating and working public roads, it shall be the duty of the Superintendent of roads and Commissioners to avoid heavy grades by cutting down sharp points or changing the location or direction of the roads, so as to make it as nearly level as practical, and in all cases the grades of ascent or descent on road shall be the least obtainable taking into consideration the topography and natural condition of the locality where it is necessary to locate and construct or maintain roads.

All roads shall be graded with earth, dirt, stone or other durable material so as to drain fully to the sides or with a fall of one inch to the foot from the center of the road to the ditches, and where practical shall be dragged or rolled and compacted. The leading roads or thoroughfares of the County shall be worked in the manner of pikes. For such pike work the roads most material and necessary and the greatest benefit, utility and convenience to the County and traveling public shall be designated by the Superintendent. In constructing pike roads the road beds shall be located and graded as hereinbefore provided and then a wearing surface raised with stone, graved (sic) or other durable material equally as good or better, of sufficient width and not less than nine feet wide, and not less than ten inches thick in the center and not less than six inches thick at the outer edges of such bed of stone, gravel or material, which shall be compacted together in such manner as to secure a firm, even, smooth and substantial pike or improved road. All roads shall be provided with all necessary side mains or ditches of sufficient depth to drain the road bed, and with under drainage and culverts to prevent overflowing or washing of the road by water, and where practical and the road funds are sufficient roads shall be provided with essential and substantial bridges and culverts at crossings of water courses. Suitable foot logs over streams shall be provided and placed for travelers on foot where bridges cannot be built.

All dangerous trees in reach of roads and limbs and bushes in the way of travel shall be cut down or removed.

First class roads shall not be less than twenty-four feet wide, second class not less than eighteen feet and third class not less than fourteen feet wide. All public roads shall be at least fourteen feet wide. For any Road Commissioner to fail to detach and under-drain the roads and to work and maintain the roads as herein provided when there is sufficient funds and labor to the credit of the road, when he has had sufficient time to do so shall be sufficient cause for removal.

SECTION 8. That all applications to open, change or close public roads, shall be by written petition filed with the Superintendent of roads, which shall designate the road to be opened, closed or changed and give the names of the owners of land over which it is to pass or be located from the beginning to the end. Upon receipt of such petition the Superintendent of Roads shall within five days fix or designate the time at which he will be present a (sic) the beginning point mentioned in the petition to hear the parties concerned and view the road and act on the petition and give to the petitioners and land owners affected at least five days notice thereof. If any land owner is not a resident or absent then five days written notice to his agent or attorney residing in the County or his tenant on the land affected shall be given legal notice.

At the time and place designated he will attend and view the road and premises and hear the petitioners and parties concerned and when land owners affected have been heard, shall act upon the application, and refuse it or allow it and if allowed assess the damages to any land owner against the County, and report his action to the Judge or Chairman of the County Court, and with his report file the original petition, notices to land owners and others and names of material witnesses. The County Judge shall examine the record and whole matter and if regular and proper shall approve the order of the Superintendent in opening or closing the road and draw warrant on the Superintendent's order on road funds to Trustee to pay all damages assessed to land owners.

Any land owner or petitioner dissatisfied with the action of the Superintendent, may appeal within ten days to the County Court where the whole matter will be heard by the County Judge thereof. On such appeal the Court will hear evidence and either approve or disapprove the action of the Superintendent, and may make such orders as he deems best for the interest of the public and when lands are appropriated shall pay such damages as the merits of the cause require upon proper order and warrant.

SECTION 9. That for the purpose of establishing and maintaining public roads and pikes as hereinbefore provided, the Quarterly County Court shall levy each year at the January term, or when other taxes are levied a road tax for road purposes of not less than fifteen nor more than twenty-five cents on each One Hundred Dollars valuation of taxable property in their respective Counties, outside of incorporated cities or towns and on all privileges assessed or taxed as such by the State for such year a rate or sum not in excess of three-fourths of that levied by the State for State purposes and a pike or highway tax not to exceed ten cents on each One Hundred Dollars valuation of taxable property and may levy a tax on privileges not exceeding one-fourth of that levied by the State for the purpose of maintaining pike roads, provided that any County which has issued and sold bonds for the purpose of building pikes may use the taxes levied and collected for pike purposes to pay the accrued or current interest on the outstanding pike or road bonds, or for a sinking fund therefor.

The County Court shall when other taxes are levied also levy against the owner of each and every one horse drawn wagon or vehicle a tax of Two Dollars and Fifty Cents, two horse drawn wagon or vehicle Five Dollars, and a four horse drawn wagon or vehicle Ten Dollars, used in traffic or hauling merchandise or products whether for hire or otherwise, excepting owners of wagons and vehicles used exclusively to haul farm products raised or produced by the owner, which tax shall attach and become due and payable immediately upon the use of said wagon or vehicle upon the public road, and if not paid in thirty days thereafter shall be delinquent and subject the owner to distress proceedings to enforce payments. The said wagon or vehicle tax and all other privilege taxes herein provided for shall be collected by the County Court Clerk as now required by law. The Justices of the Peace shall report to the Clerk the names of all persons subject to privilege taxes or exercising any business so taxed. Persons subject to the wagon or vehicle tax may commute same by working out the amount of same under the direction of Superintendent of Roads on the public roads or road of the district or districts where used and the Superintendent's receipt shall be sufficient evidence thereof when filed with the Clerk. When the Clerk's fee for collection is worked out on road by any wagon tax payer same shall be paid by proper road order and warrant on road funds to the Clerk.

Said taxes shall be collected by the County Trustee excepting privilege taxes are to be collected and paid over to him by the County Court Clerk, and the common road funds and the pike road funds derived from the levies and all sources shall be kept separate and apart from each other and all other funds and paid out on the warrants of the County Judge upon order of the Superintendent of roads. The common road funds derived and collected from all sources shall be expended in the district from which derived or collected, or as nearly so as practical, excepting the funds derived from taxes on property of railroad companies and telegraph companies which shall be proportioned and expended in the several districts according to or on the basis of the valuation of property in each district as assessed and taxed for that year, not including railroads and telephones provided that the Superintendent of roads may buy road manchinery (sic), tools, and material and pay for road rights of way and record books, papers and blanks by order of the County Judge out of the general road fund or funds available for the entire County, and the same shall be deducted from the entire County fund or equally from the funds of each district and the remainder apportioned among the districts or such remainder be expended in the district from which collected or paid. For such purposes the County Trustee shall keep an account with the County road fund and with each district. All road funds shall be disbursed by the Trustee on the warrant of the Judge or Chairman of the County Court, and the County Judge shall not draw any warrant in excess of any road funds due or to become due and available for that year.

SECTION 10. That the following acts are hereby made misdemeanors and punishable by fine of not less than Ten Dollars and not more than Fifty Dollars before any Justice of the Peace or other Court having the jurisdiction.

1. For any person to put upon the road or in the ditches of any public road any brush, briars or other obstructions;  
2. For any hand subject to road duty to fail or refuse after notice as herein provided to work upon the road the number of days required by this Act or to make the payment in lieu thereof to the Trustee;  
3. For any Road Commissioner or Overseer to wilfully fail to work, ditch and underdrain the public road or roads in his charge as herein required.  
4. For any Road Superintendent, Commissioner or Overseer to receive or accept money from any road hand subject to road labor as a payment in lieu of labor or for a release from labor on the road or to assist in the avoidance of such labor due;  
5. For any Road Commissioner or Overseer or any other person to use for private use any road machinery, tools, or material belonging to the County, or to give to any other person permission to use the same for private purposes;  
6. For any Road Superintendent or Road Commissioner to be a contractor for labor or materials or to become directly or indirectly interested in any contract for working any road or furnish any supplies for roads or road work.  
7. For any official or other person to wilfully and knowingly violate any provision or provisions of this Act. All fines for violation of this Act shall inure to the benefit of the district and road where the offense was committed and same shall be paid to the County Trustee and when collected by him shall be credited to the district as other funds. It shall be the duty of road officials to take out warrants before some Justice of the Peace against offenders against this Act and prosecute them in the name of the State or indict them in the Circuit Court, and see that all material and necessary witnesses are summoned and records furnished to convict the guilty, and to see that all fines for violations are collected and properly credited to the road funds, provided that any citizen may prosecute offenders against any of the provisions of this Act as now provided by the general laws, provided further that nothing in this Act shall be construed to amend or modify the laws governing prosecution and punishments for bribery, perjury, fraudulent breach of trust, and like offenses against the general laws.

SECTION 11. That Superintendents of Roads and Road Commissioners shall be liable for any breach or breaches of official bonds, and their respective liabilities therefor shall be recoverable in a suit in the name of the State by the District Attorney General in the Chancery or Circuit Courts, or in a suit or suits in the name or names of any one or more taxpayers and citizens of the County in the Chancery or Circuit Courts.

SECTION 12. That it shall be the duty of said Road Commissioner to meet at the County seat of their Counties in July and January of each year on notice or call of the Superintendent, and oftener when necessary on call or notice and as a Board to buy all machinery, tools and materials, when the value or prices of the items or any item exceeds Two Hunderd (sic) Dollars, and to do any and all other acts and business necessary or best for road construction and maintenance and to co-operate together as to leading roads passing through one or more districts, and as to the use of machinery, tools and materials, provided that nothing in this section shall modify or interfere with the specific powers and duties hereinbefore conferred on the members of the Commission.

SECTION 13. That it shall be the duty of the Superintendent of Roads and of the Road Commissioners under his direction to work the County prisoners or workhouse convicts on the public roads when the number is sufficient to justify the employment of a guard.

SECTION 14. That nothing in this Act shall be construed so as to prevent or interfere with any County Court under its general powers from building bridges and pike roads and the maintenance of the same, nor to interfere with the expenditure of any special pike, road, or bridge funds derived from the sale of bonds therefor or otherwise according to the purpose voted or levied and collected.

SECTION 15. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed, and that this Act take effect from and after its passage, the public welfare requiring it.

Passed: April 4, 1921.