SPECIAL REPORT

OF THE

BOARD OF PUBLIC WORKS,

In answer to Resolution of the Senate in relation to the National Road.

IN SENATE, Feb. 28, 1850.

OFFICE OF THE BOARD OF PUBLIC WORKS,

To the Honorable Senate of Ohio:

COLUMBUS, February 28, 1850

In answer to the following resolution of the Senate, passed Feb. 22, 1850, the Board of Public Works hereby submit the following report, to wit:

"Resolved, That the Board of Public Works communicate, at their earliest convenience, to the Senate, the following information in relation to the National Road:

"First, Is the revenue of the National Road, under the present system of charging tolls, more than sufficient to keep said road in repair? "Second, What is the amount of the debt assumed by the State of Ohio, on account of old claims against said road, and the annual in

terest thereon?

"Third, What would be the effect on the revenue of said road, to so modify the second section of "an act for the preservation and repair of the National Road, and for the collection of tolls thereon," passed March 13, 1843, as to prohibit the collection of tolls or penalties from persons traveling or using said road at intermediate points between toll gates, and the regulations relating thereto in said act?

"Fourth, To communicate to the Senate the third and fourth orders adopted by the Board of Public Works, April 22, 1844, in relation to the tolls on said road, and any other orders on that subject and what suits, if any, have been commenced under the said orders?" The Board entertain no doubt that the entire revenue of the National Road is yet necessary for repairs, and that even a much larger sum could be profitably applied to this object for the next two years. When the road shall once have a covering of stone or gravel sufficiently thick to prevent the wheels of the heaviest loaded wagons from cut

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ting through to the grade, a less sum than that collected under the present system of charges, would no doubt be sufficient to keep up the repairs for a number of years after.

During the years 1842, '43 and '44, the entire revenue of the road, including $7,493 60, collected from Neil, Moore & Co., and which was subsequently refunded, was applied to repairing the road; and in addition to this, the road fund was in debt to contractors for labor and materials a sum exceeding $67,000; and still much remained to be done to put the road in good condition for heavy travel.

Such was the condition of things, when, in 1845, the National Road was placed under the supervision of the present acting Commissioners of the Board of Public Works. Determined not to let the road become a further charge upon the State Treasury, the Board, at an early period, made a radical change in the engineer department, and gave instructions to limit the expenditures to the available resources of the road fund. The rates of tolls were also revived, and occasionally modified in accordance with the several provisions of law fixing the powers of the Board for that purpose.

The Neil, Moore & Co. debt was refunded out of the first proceeds of the tolls charged on the stage coaches of that company. In this way, the entire toll charged on stage coaches, for near two years, was abstracted from the road fund. With the exception of the Stage Company's claim, all the old debts of the road were funded by authority of law, and bonds issued therefor to the amount of $67,174 77, bearing interest at the rate of 6 per cent. Relieved from this heavy charge which had some time been held in suspense, and now receiving an available revenue from the Stage Company, (largely increased over former receipts) the Board began to entertain the belief that, by a judicious system of repairs, the means placed under their control would soon enable them to put the road, not only in good order, but in a good condition more permanent than heretofore, and one requiring a less amount for yearly repairs; nor is there yet any reason why this belief should be abandoned.

There are no means of arriving at a very close estimate of the amount of tolls which might be collected from intermediate travel by a rigid enforcement of the orders of the Board on this subject. The rule adopted, and attempted to be enforced, is applied only to those cases where the amount of this kind of travel is so heavy and extensive as to cause serious and daily injury to the road, and even in these cases, three-fourths toll, only, is demanded, for loaded wagons, while wagons not loaded are permitted to pass free of toll. The ordinary travel betweeu gates by farmers, as well as the travel in light vehicles, is exempt in practice from the rules requiring reports to gate keepers.

It is, however, manifest that all legitimate means must be resorted to in the collect on of revenue, if the road is to be kept in good order for use from tolls alone.

In addition to the difficulties and embarrassments occasioned by the resistance the Board encounters to the payment of tolls by many who use the road between toll gates, there is one circumstance

still more unpleasant and embarrassing. In the law authorizing the Fund Commissioners to issue bonds to the old creditors of the road, there seems to be no direct authority given to pay interest out of the general fund; nor is it provided that any portion of either debt or interest shall be paid out of the revenue of the road, unless there shall remain a balance after defraying the expenses of superintendence and repairs.

It is conceded that the Board of Public Works, may, if necessary, appropriate all the tolls of the road to the purpose of keeping it in repair, and the whole amount being necessary for this purpose, the acting Commissioners conceive it to be their duty, early every year, to make contracts for furnishing, breaking and putting stone on the road, to as large an extent as their anticipated tolls may justify; taking care not to contract for more work than can be provided for, together with such incidental repairs as are made by the superintendents. The State Auditor, who considers it his duty to provide for the interest on the National Road debt, yearly appropriates the amount required from the road fund without knowing or inquiring whether any balance will be left for that purpose, after closing the accounts of the year. The acting Commmissioners are frequently subjected to the mortification of notices, not only that their checks are rejected, but sometimes even protested for want of funds in the Treasury, when it is well known that there should be a sufficient balance in their favor to redeem them.— There are even at this time checks not paid, to the amount of some $6,000, all of which were issued to contractors prior to the 15th of November, last, the close of the fiscal year. This sum, which ought to have been paid out of the revenue of the year 1849, becomes a charge on the Auditor's books in that of 1850.

It is obvious that unless some other fund is provided for the payment of interest, there will, on this account, be a debt accumulating of at least $4000 a year, chargeable to the road fund so long as the superintendence and repairs shall require the entire revenue.

The sum required to pay the yearly interest on bonds, is $4,030 48, and the tolls from intermediate travel from $2,000 to $4,000, making, together, too large an amount to be withdrawn from the road fund, to leave any hope of preserving the road in such condition as the public have a right to require it should be.

One effect of the contingency contemplated by the third inquiry, and which has not yet been noticed, is that in some cases persons owning large tracts of land in the vicinity of a gate, would avail themselves of the opportunity of opening roads around gates, where they now pass through them.

An instance of this kind would doubtless occur a few miles west of Columbus, where the proprietor now pays a yearly sum of about $200, at a gate which he can easily avoid by making a short road on his own land, and yet have the use of 10 miles of the National Road for a large and most destructive travel.

The following are the third and fourth orders adopted by the Board of Public Works, April 22, 1844, and which are all that have been adopted on the subject:

"3. That each and every gate-keeper shall be, and he is hereby authorized and required, to collect from all persons traveling on, and using the National Road, at intermediate points, between his gate and the adjacent gates, or at the termination of the road, as the case may be, tolls in proportion to the distance traveled or used by such person, whether he pass through such gate or not; and every person traveling on, or using said road, at intermediate points, is required to report to the nearest gate-keeper, as often as once in thirty days, the distance he has traveled on or used said road, and for which he has not previously paid toll, and immediately pay the toll to such gate-keeper for the distance so reported.

"4. Any person so traveling or using said road, who shall neglect or refuse to make the report, and pay the tolls required of him by the preceding order, or who shall make a false report, shall forfeit and pay a penalty of five dollars for each offence, and cost of prosecution."

In pursuance of the foregoing orders, five or six suits were commenced by the Superintendent on the Western Division, before a magistrate at Hebron, for intermediate travel near that place, and judgments obtained in favor of the State. He also commenced a suit in Columbus against Kramer, for intermediate travel, which was carried to the Court of Common Pleas, and was there taken charge of on the part of the State by the Prosecuting Attorney, and was by him discontinued.

One, also, was commenced against Wm. Hunter, on a note given for intermediate tolls, which went to the Court of Common Pleas of Franklin County, and judgment obtained for the State.

Four suits are now pending against Michael Sullivant, in the Court of Common Pleas of Franklin county, by appeal, and have not yet

been decided.

A number of suits, of which the Board have no specific information, have also been commenced on the Eastern Division, some of which, it is understood, are still pending.

All of which is respectfully submitted.

By order of the Board,

E. S. HAMLIN, Pres't.