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AHERICAN SOCIETY 
 
 OF 
 
 CIVIL ENGINEERS. 
 
 1 A BRIEF HISTORY OF ROAD CONDITIONS 
 AND LEGISLATION IN CALIFORNIA. 
 
 BY 
 
 Marsden Manson, M. Am. Soc. C. E. 
 
 WITH DISCUSSION BY 
 
 Messrs. JAMES OWEN, GEORGE W. TILLSON and MARSDEN 
 
 MANSON. 
 
 Reprinted from Transactions , Vol. xlviii, page 327. (1902.) 
 
 >Ht UBKAKt OF F! 
 • IUL 2 5 1924 
 
 UiHVEKSlTY OF ILUNOk 
 

the library of ihe 
 
 jut 2 5 F924 
 
 UNIVERSITY OF ILLINOIS 
 
 AMERICAN SOCIETY OF CIVIL ENGINEERS. 
 
 INSTITUTED 185 2. 
 
 TRANSACTIONS. 
 
 Paper No. 926. 
 
 A BRIEF HISTORY OF ROAD CONDITIONS AND 
 LEGISLATION IN CALIFORNIA.* 
 
 A 
 
 By Mabsden Manson, M. Am. Soc. C. E. 
 
 With Discussion by Messes. James Owen, Geokge W. Teluson and 
 Mabsden Manson. 
 
 “The good roads agitation,” which forced itself upon the people 
 of the United States a decade or more ago, took definite shape in 
 California in 1895. For several years previous, highways were the 
 subject of earnest consideration by organized official and semi-official 
 bodies and by individuals throughout this state. The most import¬ 
 ant and influential of these bodies was a road convention, held in 
 Sacramento in 1894, which was inaugurated by the Sacramento 
 Society for the Prevention of Cruelty to Animals, and was attended 
 by delegates from various public and quasi-public organizations, and 
 by individuals. 
 
 The result of the discussions throughout the state, and notably of 
 the convention above mentioned, was a law,f approved March 27th, 
 1895, creating a Bureau of Highways for two years. 
 
 This law required the appointment of three commissioners, who 
 were to make a broad and exhaustive study: First, of the laws apper- 
 
 * Presented at the meeting of April 2d, 1902. 
 t Statutes, California, 1895. 
 
328 
 
 HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 taming to highways in this and other states; second, of the physical 
 features of the state and their relation to a system of roads; third, of 
 the economic and legal status of the highway conditions in each 
 county in the state; and finally, to make a presentation, of the facts 
 and conclusions reached, in the form of a report, commending such 
 measures as the Bureau deemed advisable. The law also required 
 that one or more members of the Bureau, during each of the two^ 
 years of its existence, should visit each county in the state, and hold 
 public meetings for the consideration and discussion of matters per¬ 
 taining to highway improvement. To carry out the provisions of this, 
 law, an appropriation of $31 000 was made. 
 
 The area over which these duties were to extend embraces some 
 153 600 sq. miles. It confronts the Pacific Ocean along a coast line 
 more than 1 000 miles in length, between the 42d and 32d parallels 
 of north latitude, and lies between the 114th and 124th meridians of 
 west longitude, extending through 9|° of latitude and 10° of longi¬ 
 tude. This area, if laid out upon the Atlantic Seaboard, would cover 
 the territory from New York City to Savannah, or nearly the area of 
 one-fourth of the original thirteen states. If laid out upon the 
 European and African Coast, in corresponding latitudes, it would 
 reach from Valladolid, in Spain, across the Mediterranean Sea to 
 Morocco, the capital of the country of the same name, in Africa. 
 
 These comparative areas are shown on the accompanying maps. 
 Figs. 1 and 2, which convey an idea of the extent of the country over 
 which the work was to extend. 
 
 Configuration. 
 
 The area under consideration is principally mountain and rolling 
 land of great diversity of features. Two ranges of mountains traverse 
 it from northwest to southeast—the Sierra Nevada in the eastern, and 
 the Coast Bange in the western part of the state. The mean elevation 
 of the crest of the former is about 8 000 ft., and that of the latter 
 about 3 000 ft. Besides the numerous valleys contained between 
 their spurs and lateral ranges, their foot-hills enclose the great central 
 valley of California. The area of this valley is about the same as that 
 of the valley of the Po; the average dimensions of that portion which 
 is below the 400-ft. contour above sea level being 400 miles long and 
 40 miles wide. Tehachapi Pass, at the extreme southern end, and 
 
Fig. 1. Fig. 2 . 
 
 329 
 
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 HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
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330 HISTORY OF ROAD CONDITION'S IN CALIFORNIA. 
 
 Acme Summit, at the base of Mt. Shasta, are important entrances 
 into the great valley. The Sacramento and San Joaquin Rivers, and 
 their tributaries, water and drain the valley; their combined water¬ 
 sheds embrace an area of 58 100 sq. miles, situated principally upon 
 the western slope of the Sierra Nevada and the eastern slope of £he 
 Coast Range. The edges of this water-shed are the crests of the two 
 ranges of mountains, except an area extending into Oregon in the 
 drainage basin of Goose Lake, which lake when full drains into Pitt 
 River, one of the main tributaries of the Sacramento. The eastern 
 crest rises from 6 800 to 15 000 ft., and the western crest rises from a 
 single tide-level gap at Carquinez Straits to elevations of 900 to 
 9 000 ft. The gaps in these mountain ranges, and the ridge and 
 valley lines subdividing and lying between them, constitute con¬ 
 trolling features in the development of a road system. 
 
 Climate. 
 
 In variety of climate, the area under consideration presents a wider 
 range than do both the comparative areas just described. Besides the 
 climatic variations, due to difference of latitude or distance from the 
 sea, California presents a wide range of temperature, due to differences 
 in elevation. These differences extend from the arctic temperatures 
 of 15 000 ft. above, to the semi-torrid climate of areas 400 ft. below, sea 
 level. Between these extremes every grade of temperature and 
 exposure exists. In the hotter portions, fruits and vegetables grow 
 without intermission during the entire year; while upon the colder 
 heights frosts form in midsummer, and only the hardiest boreal plant 
 life exists. Severe frosts and freezing are limited to the most elevated 
 parts of the state. In the greater portion of the higher mountains 
 snow falls before severe freezing weather occurs, and remains until the 
 warm weather of spring, thus protecting from frost action the road¬ 
 beds in these regions; and hence no great precautions are necessary to 
 resist its injurious action upon roads. 
 
 Rainfall. 
 
 California occupies a position between the north temperate and 
 the equatorial rain belts. The northern part of the state is just within 
 reach of the summer rains of the north temperature rain belt; and the 
 mountains of the extreme southern part of the state are frequently 
 
HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 331 
 
 reached by the “ Sonora rains,” which extend in summer over North¬ 
 ern Mexico and into Arizona, and which originate in the equatorial 
 rain belt. The winter rains of the entire state are principally depend¬ 
 ent upon the southern extension of the north temperate rain belt as 
 that hemisphere is turned away from solar energy. Therefore the state 
 has winter rains, and enjoys a comparatively rainless summer. 
 
 The mean annual precipitation in the northwestern part of the state 
 and upon the exposed flanks of the Sierras and Coast Range is 70 to 
 80 ins.; while in the southeastern portion of the state there are com¬ 
 paratively rainless areas, receiving from 2 to 4 ins. annually. Between 
 these two extremes, again, there lies every degree of annual moisture. 
 This precipitation, however, is rarely so heavy that a properly located, 
 well-surfaced, and well-drained roadbed will be badly washed. 
 
 Vegetation. 
 
 The distribution and variety of vegetation over an area of such 
 extreme range of climatic and moisture conditions are also of wide 
 range, both in species and density. The forest growth is sometimes so 
 dense that more than 1 000 000 ft. of lumber can be cut from a single 
 acre, but in the drier portions of the state it is difficult or impossible to 
 get shade trees to grow, and other areas are absolutely devoid of vegeta¬ 
 tion. In the densely timbered areas, clearing and grubbing are expen¬ 
 sive, and the shading of the roadway causes it to remain wet longer 
 than is desirable. 
 
 Natural Resources. 
 
 Besides these physical features which have to be considered, there 
 are four belts of natural resources which have controlled the time, 
 locus, and mode of development of certain industries. These directly 
 influence a road system, and determine controlling points of popula¬ 
 tion and trade. 
 
 In progression eastwardly, and in order of development, these are: 
 
 First —The mineral belt, commencing in Del Norte County, and 
 reaching southeastwardly through the entire limits of the state; 
 
 Second .—The agricultural belt of 16 000 sq. miles of fertile land, in 
 the Valley of California; 
 
 Third .—The timber belt, commencing in the northwesterly corner 
 of the state, and extending southeastwardly to the Golden Gate; 
 
332 
 
 HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 Fourth .—The fruit belt, commencing at the base of Mt. St. Helena, 
 and extending southerly to the national boundary. 
 
 Each of these belts is interspersed with sources of wealth other 
 than those which characterize it; as, for instance, the Sierra timber 
 belt which lies east of and along the mineral deposits on the flanks of 
 the Sierras, and the foot-hill fruit belt at their base. The foregoing 
 classification, however, marks the predominant natural wealth of each 
 of the various sections. 
 
 At advantageous points along each of these belts, centers of popu¬ 
 lation are growing up. The problem of laying out the lines of com¬ 
 munication which must for all time control the travel and traffic of the 
 state, therefore, must be subservient to two great controlling factors: 
 First, these roads must lie along those lines, determined by Nature, 
 which offer the best grades and alignments, second, they must subserve 
 the economic purposes demanded in the development of the state. 
 
 Occurrence of Road-Building Materials. 
 
 The Department of Highways extended the work of investigating 
 the various materials suitable for road surfacing, and these investiga¬ 
 tions showed that there is an abundance of materials over the entire 
 state which can be utilized with great benefit to economic road main¬ 
 tenance. In almost every county adequate materials exist, which, if 
 utilized with skill and judgment, will make good metal. The failures 
 to utilize these materials have been due in part to a lack of knowledge 
 as to their character, and of technical skill as to the mode of using them. 
 
 All hard, silicious rocks, such as chert, jasper, quartz, quartzite, 
 etc., the volcanic rocks (trap and basalt), and a wide series of meta- 
 morphic rocks occur abundantly. In addition, bowlders, cobbles and 
 gravel of miscellaneous composition, but exceedingly hard and dura¬ 
 ble, are scattered over great areas. Hard limestone and some of the 
 silicious shales occur in many counties. Occurring with these rocks 
 are others which are inferior or useless for road surfacing. Many 
 instances of failure in the use of rock have been due to the selection 
 of the wrong material. Again, the proper selection has been made, 
 but the materials have not been properly utilized. The best rock 
 roughly cracked up and dumped over a road will no more make a road 
 surface than shingles dumped on a shed and scattered with a lake will 
 make a roof. 
 
HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 333 
 
 The best rock must be selected, properly crushed aud screened, 
 and then spread, sprinkled, and rolled in layers over a well-graded 
 and drained surface. In one county, an excellent binding material, 
 a soft limestone, was found. It was being hauled a considerable 
 distance, and used almost alongside of the hardest and most durable 
 chert, with which a small proportion of the limestone should have 
 been used as a binding or cementing material. This would have 
 given a better and more durable road surface and saved the long haul 
 from the limestone quarry of nine-tenths of the stone used. 
 
 Legal Considerations. 
 
 In addition to the physical conditions, there are others imposed 
 by the administration of the law in the various political divisions of 
 the state. The state is divided into fifty-seven counties, which range 
 in area from the 20 000 sq. miles of San Bernardino County to the 
 43 sq. miles of San Francisco County; and in taxable wealth from the 
 $400 000 000 of this latter county to the $260 000 of Alpine County. 
 Furthermore, these counties are divided by law into fifty-three 
 “classes,” in each of which material variations are presented in the 
 number, compensation, and duties of county officers. 
 
 The entire matter of road-building and maintenance has been in 
 the hands of the Boards of Supervisors of these counties, or in the 
 charge of Boad Overseers, elected in the road districts into which 
 the counties were subdivided. The abuses incident to the latter 
 control were so great that the roads were placed under the control 
 of the Boards of Supervisors, each member being made Road Commis¬ 
 sioner of his district. The control of road funds under Road Over¬ 
 seers became so vital a matter in local politics that at elections the 
 votes for Presidential Elector were sometimes “swapped ” for those 
 for Road Overseer. 
 
 The laws under which the county officers administer road affairs 
 have been so modified, amended and added to, in the past forty or 
 more years, that they are contradictory and inapplicable. Amend¬ 
 ments made to correct difficulties, abuses or even physical conditions, 
 in one portion of the state have made ‘ ; confusion worse confounded ” 
 in other portions. Hence, the exact provisions of the code were not 
 only unascertainable, but in many instances inapplicable, and, 
 furthermore, subject to different interpretations by different officials. 
 
334 
 
 HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 The obstacles to be dealt with are therefore of two classes: (1) 
 physical; (2) political. 
 
 Of these, the first can be met by the engineer in almost any form, 
 provided the necessities for overcoming them warrant the raising of 
 the required funds. 
 
 The second class, or political obstacles, are so entrenched by cus¬ 
 tom and control that only long devotion to civic duty by a majority 
 of the voters of a county or state can correct them, and the attack 
 cannot be made successfully until justified by the state of public 
 opinion. 
 
 The system of placing county road matters in the hands of a Board 
 of Supervisors, not one of whom is trained for the work, is radically 
 wrong. It happens frequently that members of these boards are faith¬ 
 ful, energetic men, who are devoted to the duties of the office, and 
 discharge their obligations to the public with honest efficiency. 
 Many instances of this kind were met by the writer in various parts 
 of the state. 
 
 The works of these officials might be considered models, when the 
 obstacles and difficulties under which they were executed were con¬ 
 sidered. But, unfortunately, this was not the rule. In the majority 
 of instances road moneys were regarded as the funds from which to 
 pay political debts and obligations, or were to be called upon just 
 before elections for the purpose of putting an army of “workers ” on 
 the roads where they “ would do the most good,” not to the roads, but 
 to some candidate. 
 
 This absurd and obscure condition of the law and its administra¬ 
 tion can be understood only when the actual conditions of road man¬ 
 agement in the entire country, previous to and during that period of 
 its history in which California has developed, are considered; and, 
 without the consideration of these conditions, road mismanagement 
 by an intelligent people is inexplicable. Hence it becomes necessary 
 to review very briefly the modes of road development in the United 
 States since the advent of the railroad. 
 
 Historical Notes. 
 
 In the early part of the century, the prosperity and develop¬ 
 ment succeeding the War of the Bevolution required ample and 
 extended means of communication. The common roads of the 
 
HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 335 
 
 country were supplemented by toll roads, which were built by com¬ 
 panies, on franchises granted for variable periods. These toll roads 
 were frequently built of plank, but were generally of earth and 
 gravel. 
 
 The exaction of toll upon these roads became burdensome and re¬ 
 strictive of development; consequently, the acquisition of many of 
 them became a public necessity. From that date to the present ve 
 have had it impressed upon us that whenever those utilities which 
 the people should provide and control for themselves have been 
 farmed out to corporations, oppression has resulted—no matter 
 whether the farmed-out franchises were a toll road from Pitts¬ 
 burg to Philadelphia, or a transcontinental railroad to the Pacific 
 Ocean. 
 
 The necessities for cheap transportation became so great that the 
 United States Congress, cabinet officers, the President—in fact, 
 almost all the functions of the National, State and County Govern¬ 
 ments were engaged in the study and practical application of the 
 science of road building. Reports of cabinet officers, messages of 
 the Presidents, and the views of the leading statesmen of our country, 
 bearing on this subject, are very common in Government documents 
 during the early decades of the nineteenth century. Notable among 
 these are: 
 
 1. —The Act admitting Ohio, in 1802, and setting apart 5% of the 
 sales of public lands as a road construction fund. These sales netted 
 something over $750 000 in a few years. 
 
 2. —The bill introduced by Mr. Tracy, of Connecticut, and approved 
 in 1806 by President Jefferson. The debates on this Act show how 
 deeply the road question interested the country. 
 
 3. —The speech of Mr. Calhoun in favor of placing the bonus on 
 all bonds sold, and dividends of the national banks, in a fund for 
 the construction of roads and canals; this fund would have 
 amounted to nearly $750 000 annually. This bill, however, was vetoed 
 by President Monroe, in 1817, on the ground that it was unconstitu¬ 
 tional; even if the States gave their consent to the provisions of the 
 law. 
 
 An extensive system of roads was projected and partly constructed 
 by Congress. The most noted were the “National Turnpikes” in 
 Maryland, Virginia, Pennsylvania and Ohio, which aggregated several 
 
336 
 
 HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 hundred miles in length, and received Congressional appropriations 
 amounting to $7 000 000 in annual appropriations of from $30 000 to 
 $500 000. 
 
 Finally, in 1834-35, an appropriation of $300 000 was made for 
 repairing the National roads in Pennsylvania, Maryland and Vir¬ 
 ginia, and when repaired they were transferred to these states. 
 
 Just as road building, fostered by our government and placed in 
 the hands of skilful engineers, became a science, the invention of the 
 locomotive and the consequent development of railroad building came 
 about. At once, all the energies of our people were centered upon 
 this new mode of transportation. So great was the impetus thus 
 given, that the United States soon ran far ahead of other countries in 
 mileage of railroad. For generations the building of roads was for¬ 
 gotten, and the building of railroads stimulated and fostered. The 
 highest skill of the trained engineers of the country has been and is 
 engaged in the general and special work of building, equipping and 
 operating railroads. 
 
 During this period of railroad growth and development, roads 
 have been neglected to such an extent that generations have grown up 
 who have never seen a road. They have learned to speak of streaks of 
 dust or mud, as the case may be, as roads—have actually learned to 
 regard them as such, and solemnly dedicate the same to public use, 
 with all due legal form, as if they really were well-located, graded, 
 drained and thoroughly metaled highways. The engineers of the 
 country have so seldom, until lately, been engaged on roadwork that 
 they, too, have looked upon road building as a lost art which at one 
 time was practiced by the ancients. 
 
 Under these conditions California was settled, and her laws for 
 road location, construction and management, were framed and 
 developed during a period when road building was at its lowest ebb. 
 
 The road system of California, therefore, grew up during a period 
 of general road decadence throughout the entire United States. It 
 has also had a makeshift system grafted upon it from the start. The 
 energies which led the pioneers to traverse a continent in the search 
 for gold was coupled with a love of home which limited their contem¬ 
 plated stay in California to the shortest possible period consistent 
 with the acquirement of wealth. They were, therefore, content with 
 trails, roads and bridges which were essentially temporary or make- 
 
HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 337 
 
 shift in character. Consequently, Californians have learned to regard 
 road building and maintenance as the result of temporary expedients 
 resorted to only when forced by necessity. In some instances, where 
 wise forethought has prompted permanent work and materials, the 
 step has been regarded as an expensive “ experiment,” and the officials 
 inaugurating these improvements have been accused of extravagance. 
 
 It is, therefore, not so much a matter of surprise that the condi¬ 
 tion of affairs mentioned in the earlier part of this paper grew up 
 along such systemless and extravagant lines. 
 
 But the expense of operating bad roads forced a consideration of 
 the methods necessary for correct road location, construction and 
 maintenance. The state had in 1895 reached the limit of development 
 possible under bad roads, and further development was and is yet 
 dependent upon the systematic construction of highways of the most 
 approved type. 
 
 Under these necessities, the law of 1895, previously mentioned, 
 was passed. 
 
 Legislation. 
 
 After two years spent in investigating the subject and in examin¬ 
 ing the conditions thoughout the state, the Commissioners of the 
 Bureau of Highways recommended minor changes in the then existing 
 laws—principally to harmonize them—and four general laws. These 
 were: 
 
 (1) —An Act to classify the roads of the State into (a) State High¬ 
 ways; (b) County Thoroughfares; (c) District Roads. 
 
 (2) —An Act empowering the State to gradually take charge of, 
 construct and maintain highways of the first class, and making pro¬ 
 vision therefor, by the levy of a tax of 2£ cents on the $100 of assessed 
 valuation. 
 
 (3) —An Act regulating the width of tires. 
 
 (4) —An Act creating a Department of Highways. 
 
 (5) —An Amendment reducing the maximum rate of road taxation 
 from 40 to 35 cents per $100 of assessed valuation. 
 
 The objects and principles of these laws had been announced and 
 discussed, during the year preceding their introduction, in every 
 county seat and important town, and had met with the general ap¬ 
 proval of the citizens and the press. Each of the political parties 
 
338 
 
 HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 had put a “ plank” in its “ platform,” looking to the betterment of 
 road conditions, which was supposed to pledge the members of the 
 Legislature to remedial measures. 
 
 Of these proposed acts, only one—that regulating the width of tires 
 —became a law. This was drawn to go into effect in 1900. It met with 
 the disapproval of the dealers in and manufacturers of wagons, and at 
 the extra session in 1899-1900 was rendered inoperative. 
 
 The law classifying roads was radically changed by the introduc¬ 
 tion of clauses which would permit of making unimportant roads 
 State Highways, when they could never form the essential parts or 
 links of a great highway system, and would, furthermore, place no 
 limit on the mileage of such additions to the State’s obligation. 
 Recognizing the evils of these changes, the Executive withheld his 
 signature. 
 
 The bill providing for State construction and maintenance of high¬ 
 ways of the first class was amended to entirely alter its purport, and 
 was vetoed by the Governor. 
 
 The recommendation to levy 2| cents on the $100, for the construc¬ 
 tion of State Highways, was also radically changed by extracting 
 essential features and incorporating them in another bill, practically 
 placing 85% of that levy to the credit of the counties, to be expended 
 under and by county authorities; also, providing that state officials 
 should indorse bonds issued by the counties, and, in default of the 
 counties paying the interest thereon, that the State should collect and 
 pay such interest. These provisions were contrary to the plain pro¬ 
 visions of Article IV, Section 31, of the Constitution, which prohibits 
 the granting of the money or credit of the State to political or other 
 corporations or to persons. These measures failed to become laws, as 
 did the bill previously mentioned. 
 
 The bill creating the Department of Highways was amended, for 
 partisan purposes, so as to give patronage in State elections. 
 
 The recommendation to reduce the maximum rate of taxation for 
 road purposes from 40 to 35 cents per $100 was not considered by the 
 Legislature, and, instead of a reduction, the maximum was raised to 62^ 
 cents per $100 of assessed valuation, by the addition of certain district 
 levies. 
 
 An act, constituting Chapter CCLIXIV of the Statutes and Amend¬ 
 ments to the Code, 1897, was introduced as an “urgent necessity,”and 
 
HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 339 
 
 passed during tlie last eighteen hours of the session. It was known as 
 the “Clark Koad Law.” It was never printed or submitted to con¬ 
 sideration, and its existence was kept secret from the members of the 
 Bureau of Highways. This law subsequently came before the Supreme 
 Court,* and was declared illegal. 
 
 An act intended to provide a connecting link between the roads on 
 either side of the Sierras and between the Yosemite Valley and the 
 basin of Mono Lake was also passed, but, the title being defective, it 
 failed to receive the signature of the Governor. 
 
 The Legislature of 1897 also made a conditional appropriation of 
 dimension stone for substructures and of crushed rock for macadam¬ 
 izing the road from Sacramento to Folsom, a distance of about 20 miles. 
 Near this latter point one of the state penitentiaries is situated, and 
 convict labor was to quarry, dress, or crush the rock. The condition 
 of this appropriation of materials was that the county should provide 
 the funds necessary to grade the roadbed, distribute and roll the 
 crushed rock, etc. 
 
 This road was to be a model for the state and county officers, who 
 meet biennially at the Capitol. 
 
 The work was placed in the hands of a non-technical commission. 
 The members of the Department of Highways undertook to present 
 the matter to the county officials and the people of the county for a 
 bond election. This election resulted very favorably, but the legal 
 provisions and steps were not fully in accordance with the law, and the 
 courts declared the bond issue invalid. 
 
 This, in brief, is the history of the first two years’ attempt to insti¬ 
 tute system and economy in road work in California. 
 
 The work, however, was continued through a Department of 
 Highways, which took the place of the previous Bureau, and for two 
 years consisted of three members, and thereafter of one member, who 
 was to be appointed for four years. 
 
 The Department of Highways thus created continued the work 
 provided for by law, but, by lack of funds, was not permitted to 
 execute any important road work. The members acted in an advisory 
 capacity to County Boards of Supervisors and to County Surveyors. 
 In a few instances opportunities were found to practically advance 
 road building. 
 
 * In Davis vs . Whidden, 117 Cal., 618. 
 
340 
 
 HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 In laying out a system of highways it must be recognized that there 
 are two main principles to be followed. First: The main highways of 
 the state and its counties are lines along which the travel and traffic of 
 an indefinite future must move, and it is therefore necessary to locate 
 these lines on the most advantageous ground, irrespective of tempo¬ 
 rary private interests, which at most can last for only one or two gen¬ 
 erations. After roads have been located upon these lines no false 
 economy or makeshift methods should be allowed; the drains, cul¬ 
 verts and bridges should be of masonry, the roadbed graded to true 
 lines, and a sprinkling plant provided. Finally, the surface should 
 be metaled with the best available rock. To attempt this upon all 
 roads, with the entire road fund of each county, is not practicable. 
 Existing roads, however bad, must be maintained so as to permit of 
 reasonable use, even if this use temporarily entails heavy loss. 
 
 The second principle is that true economy shall characterize the 
 expenditure of available funds. The existing roads must be kept in 
 that state of repair which will enable them to meet the requirements 
 of travel and transportation, and, in addition, a gradual change to 
 proper locations, and the substitution of permanent structures for 
 makeshift and perishable ones, must be made. 
 
 It was recommended, therefore, that one-half of the road funds of 
 each county be set aside as a “ Good Roads Fund,” to be used as the 
 necessities of the county might dictate. With the remaining half of 
 the road funds, it is entirely possible to maintain existing roads in as 
 good condition as they have been for some years past. Particularly 
 is this possible, if wasteful methods and political favoritism be set 
 aside, and system and economy instituted. Should this measure re¬ 
 duce the funds below the requirements of special local interests, the 
 Board of Supervisors has it in its power to levy for this purpose the 
 special tax provided in Section 38, Chapter CCLXXVII of the Statutes 
 and Amendments of 1897. The setting aside of a portion of these 
 funds for permanent work was intended as a means of bringing about 
 system and economy. This, however, cannot be accomplished by law 
 alone. It is imperatively necessary that there should be integrity, 
 technical intelligence, and energy on the part of the officials charged 
 with the disbursement of road funds. 
 
 The construction and maintenance of bridges was found to be par¬ 
 ticularly costly in all except two counties. In one the cost had been 
 
HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 341 
 
 reduced by placing the entire matter of bridge building in the hands 
 of the County Surveyor, an engineer of high skill and integrity. In 
 the other it was realized that masonry was far cheaper than steel, iron 
 and wood. The results of these two examples were freely used by the 
 Highway Commissioners, and the lessons were not wholly lost. 
 
 Latitude of Cape Cod 
 
 The prime reasons why bridge building and maintenance are so 
 costly are: First, in many instances the bridges are expensive because 
 the county officials do not know the actual cost of materials and labor; 
 and, secondly, a lack of technical knowledge in the matter permits 
 the use of the wrong materials. 
 
342 HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 Bridges, which should be masonry, are built of very perishable 
 timber, the constant renewals of which exhaust the road funds. 
 
 The raising of about $2 000 000 per year for highway purposes is 
 equivalent to a tax levy of 20 cents per $100 on $1 000 000 000. This 
 amounts to $80 000 000 in forty years, which sum, intelligently and 
 honestly expended, would give California a magnificent system of 
 highways; but it requires the introduction of system, skill, and in¬ 
 tegrity in every detail, and, if the present system be continued, the 
 full benefit of the expenditure of this vast sum will fall short of being 
 realized. 
 
 At the next session of the Legislature, in January, 1899, the Depart¬ 
 ment of Highways renewed the recommendations previously made, 
 and added an important amendment, looking to the creation of a good 
 roads fund in every county, but leaving its control under county 
 authorities. This control, as previously outlined, is considered a very 
 essential part of the political patronage of members of the several 
 Boards of Supervisors, and they generally regard any attempt to put 
 road matters on better lines as an interference with their prerogatives 
 and rights. This amendment apportions 50% of all road moneys for 
 the construction of permanent work in a specified order. Consider¬ 
 ing that the gross annual expenditures by counties aggregate about 
 $2 000 000, this “good roads fund,” in a few decades of systematic 
 work, would accomplish much good. 
 
 These laws and amendments are appended herein in full. They 
 are not intended to be radical or to subvert the method of road admin¬ 
 istration, but are designed to introduce system and economy, and to 
 correct gradually the abuses and lack of business methods which had 
 grown to be a part of road administration. 
 
 An Act to Classify the Roads in the State of California, and to 
 Define each Class. 
 
 The People of the State of California, represented by Senate and 
 Assembly, do enact as follows: 
 
 Section 1 .—The roads within the limits of the State of California 
 shall hereafter be classified as follows: 
 
 The first class to include all highways designated as State Highways; 
 the second to include all highways designated as County Thorough¬ 
 fares; and the third class to include all highways designated as District 
 Roads. 
 
HISTORY OF ROAD CONDITION'S IN CALIFORNIA. 
 
 343 
 
 Section 2 .—The following roads, when definitely located by the 
 Department of Highways, are hereby declared to belong to the first 
 class. 
 
 1. A highway commencing on the State line between the State of 
 California and the State of Oregon, at or near the point where the said 
 State line is intersected by the road from Yreka, California, to Ash¬ 
 land, Oregon, and extending thence southerly, along the best grades 
 and alignments, through the Counties of Siskiyou, Shasta, Tehama, 
 Butte, Yuba, Sutter, Sacramento, San Joaquin, Stanislaus, Merced, 
 Madera, Fresno, Tulare, Los Angeles, Orange and San Diego to Tia 
 Juana, in the last-named county. 
 
 2. A highway commencing at Crescent City, in Del Norte County, 
 and extending south and southeasterly, on the best grades and align¬ 
 ments, through the Counties of Del Norte, Humboldt, Mendocino, 
 Sonomo, and Marin, to the City of Sausalito. 
 
 3: A highway commencing in the City and County of San Francisco 
 and extending thence southeasterly, on the best grades and align¬ 
 ments, through the Counties of San Mateo, Santa Clara, San Benito, 
 Monterey, San Luis Obispo, Santa Barbara, Ventura and Los Angeles 
 to the City of Los Angeles. 
 
 4. A highway commencing at a point upon the State Highway 
 through Tehama County, at or near the station of Tehama, and extend¬ 
 ing thence southerly, on the best grades and alignments, through the 
 Counties of Tehama, Glenn, Colusa, Yolo and Solano, to the City of 
 Vallejo. 
 
 5. A highway commencing at the City of Martinez, and extending 
 thence southerly, on the best grades and alignments, through the 
 Counties of Contra Costa, Alameda, San Joaquin, Stanislaus, Merced, 
 Fresno, Kings and Kern to a point on the State Highway at or near 
 the City of Bakersfield. 
 
 6. A highway commencing at a point upon the State Highway 
 through Siskiyou County, near the westerly base of Mount Shasta, 
 and extending thence southerly, on the best grades and alignments, 
 through the Counties of Siskiyou, Shasta, Lassen, Plumas, Sierra, 
 Nevada, Placer, Eldorado, Alpine, Mono, Inyo, and Kern to Indian 
 Wells, in the last-named county. 
 
 7. A highway commencing at the City of Areata, in Humboldt 
 County, and extending thence southeasterly, on the best grades and 
 alignments, through the Counties of Humboldt, Trinity and Tehama, 
 to a point on the State Highway through Tehama County, at or near 
 the City of Bed Bluff. 
 
 8. A highway commencing at a point on the State Highway through 
 Shasta County, north of the City of Redding, and extending thence 
 northeasterly, on the best grades and alignments, through the Coun¬ 
 ties of Shasta, Lassen and Modoc, to Fort Bidwell, in the last-named 
 county. 
 
344 HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 9. A highway commencing at the City of Marysville, and extend¬ 
 ing thence northerly and northeasterly, on the best grades and align¬ 
 ments, through the Counties of Yuba, Butte, Plumas and Lassen, to 
 Susanville, in the last-named county. 
 
 10. A highway commencing at the City of Ukiah, and extending 
 thence southerly, on the best grades and alignments, through the 
 Counties of Mendocino, Lake and Yolo, to the City of Sacramento, 
 thence easterly, through the Counties of Sacramento and Eldorado, 
 to a point on the State line between the State of California and the 
 State of Nevada, at or near its intersection by the Lake Tahoe Wagon 
 Koad. 
 
 11. A highway commencing at or near the City of Santa Rosa, and 
 extending thence southeasterly, on the best grades and alignments, 
 through the Counties of Sonomo, Napa and Solano, to Suisun City, in 
 the last-named county. 
 
 12. A. highway commencing at a point on the State Highway running 
 north from Sacramento, and extending thence northeasterly, on the 
 best grades and alignments, through the Counties of Sacramento, 
 Placer, Nevada and Sierra, to a point on the State Highway through 
 Sierra County, near Sierraville, in the last-named county. 
 
 13. A highway commencing at the City of Oakland, and extending 
 thence easterly, on the best grades and alignments, through the Coun¬ 
 ties of Alameda and San Joaquin, to a point on the State Highway 
 through San Joaquin County, south of the City of Stockton. 
 
 14. A highway commencing at the City of Oakland, and running 
 thence northerly and easterly, on the best grades and alignments, 
 through the Counties of Alameda and Contra Costa, to the City of 
 Martinez. 
 
 15. A highway commencing at lone, Amador County, and extend¬ 
 ing thence easterly, on the best grades and alignments, through Ama¬ 
 dor, Calaveras, Tuolumne and Mariposa Counties, to the county seat 
 of the last-named county. 
 
 16. A highway commencing at a point on the State Highway 
 through Santa Clara County, at or near the City of Gilroy, and extend¬ 
 ing thence northeasterly, on the best grades and alignments, through 
 the Counties of Santa Clara, San Benito, Merced, Mariposa, Tuo¬ 
 lumne and Mono, to a point on the State Highway through the last- 
 named county, near Mono Lake. 
 
 17. A highway commencing at a point on the State Highway 
 through Santa Clara County, at or near the City of Gilroy, and extend¬ 
 ing thence northeasterly and easterly, on the best grades and align¬ 
 ments, through the Counties of Santa Clara, San Benito and Fresno, 
 to the City of Fresno. 
 
 18. A. highway commening at the City of Modesto and extending 
 thence northeasterly, on the best grades and alignments, through the 
 Counties of Stanislaus and Tuolumne, to the City of Sonora. 
 
HISTORY OF ROAD CONDITION'S IN CALIFORNIA. 
 
 345 
 
 19. A. highway commencing at or near the City of Hollister, and 
 extending thence southeasterly, on the best grades and alignments, 
 through the Counties of San Benito and Fresno to a point on the west¬ 
 erly State Highway through the last-named county, near Huron. 
 
 20. A highway commencing at a point on the State Highway 
 through San Luis Obispo County, at or near San Miguel, and extend¬ 
 ing thence easterly, on the best grades and alignments, through the 
 Counties of San Luis Obispo and Kern, to a point on the westerly State 
 Highway in the last-named county. 
 
 21. A highway commencing at Port Hartford, in San Luis Obispo 
 County, and extending thence southeasterly and northeasterly, on 
 the best grades and alignments, through the Counties of San Luis 
 Obispo, Santa Barbara and Kern to Indian Wells, in the last-named 
 county. 
 
 22. A highway commencing at the City of Los Angeles and extend¬ 
 ing thence easterly, on the best grades and alignments, through the 
 Counties of Los Angeles and San Bernardino, to the City of Bernar¬ 
 dino; thence southwesterly, on the best grades and alignments, through 
 the Counties of San Bernardino, Riverside and Orange, to the City of 
 Santa Ana, in Orange County. 
 
 23. A highway commencing at a point on the State Highway through 
 Shasta County, north of the City of Redding, and extending thence 
 northwesterly, on the best grades and alignments, through the 
 Counties of Shasta and Trinity, to Weaverville, in the last-named 
 county. 
 
 24. A highway commencing at Colusa, and extending thence west¬ 
 erly, on the best grades and alignments, through the County of Colusa, 
 to a point on the State Highway through said county. 
 
 25. A highway commencing at Markleeville, and extending thence 
 easterly, on the best grades and alignments, to a point on the State 
 Highway through Alpine County. 
 
 26. A highway commencing at Mariposa, and extending thence 
 northwesterly, on the best grades and alignments, to a point on the 
 State Highway through Mariposa County. 
 
 27. A highway commencing at the City of Visalia and extending 
 thence westerly, on the best grades and alignments, through the 
 Counties of Tulare and Kings, to the City of Hanford, in Kings 
 County. 
 
 28. A highway commencing at a point on the State Highway 
 through Alameda County, at or near Niles, and extending thence south¬ 
 erly, on the best grades and alignments, through Alameda and Santa 
 Cruz Counties to the City of San Jose; thence southwesterly, on the 
 best grades and alignments, through the Counties of Santa Cruz and 
 Santa Clara, to a point on the highway through Santa Cruz, near 
 Watsonville. 
 
346 HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 29. A highway commencing at the City of Sonoro, and extending 
 thence easterly, on the best grades and alignments, through the 
 Counties of Tuolumne and Mono, to a point on the State Highway in 
 the last-named county. 
 
 Section 3 .—The roads of the second class, or County Thorough¬ 
 fares, shall be the most important roads in each county, as set apart 
 and so declared by the Boards of Supervisors of the several counties, 
 in discharging which duty they may call upon the Department of 
 Highways, in writing, for such advice and counsel as said Board of 
 Supervisors may desire. 
 
 Section 4. —The roads of the third class, or District Roads, shall 
 embrace all existing county roads now recognized and set apart by law, 
 and not enumerated in Sections 2 and 3 of this Act as State Highways 
 or County Thoroughfares, together with such additional roads as may 
 be laid out, in accordance with the laws of the State of California, by 
 the Boards of Supervisors of the several counties. 
 
 Section 5 .—All Acts or parts of Acts in conflict with the provisions 
 of this Act are hereby repealed. 
 
 Section 6 .—This Act shall take effect from and after its passage. 
 
 The total mileage of roads in the State is about 45 000. This 
 classification would put about 10%, or 4 500 miles, in the first class, 
 and this mileage would ultimately come under the control of the State, 
 and includes all the roads in which the State may be considered to have 
 a direct interest. The remaining mileage would continue under 
 county supervision and control. 
 
 Article III, Section 2643, Par. 7, Political Code, to be amended as 
 
 follows : 
 
 Cause the road tax collected each year to be apportioned and kept 
 in separate funds by the County Treasurer, as follows: 
 
 Fifty per cent, of all moneys so collected shall be apportioned as 
 now provided by law. 
 
 The remaining 50% of taxes so collected shall be apportioned to a 
 fund to be known and designated as the “Good Roads Fund.” All 
 money so apportioned to the “GoodRoads Fund” must be expended 
 by the Boards of Supervisors of the various counties, in the following 
 manner, and for the purposes hereinafter named, and in no other way, 
 and for no other purpose, to wit: 
 
 For laying out, grading, sprinkling, graveling or macadamizing the 
 principal highways of the county, and the purchase of all road 
 machinery necessary for the construction of said highways and main- 
 
HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 347 
 
 tenance of same, and the purchase of water rights, and all necessary 
 property to insure a perfect sprinkling system; for the construction 
 of all substructures necessary to a perfect drainage of a highway or 
 road, all of which substructures shall consist of masonry, concrete, 
 salt-glazed sewer pipe, iron or steel; no lumber or perishable material 
 shall be used, except for bridge flooring, when deemed absolutely 
 necessary. 
 
 For better guidance of road construction and the expenditure of 
 moneys in the “ Good Roads Fund,” the following shall be the order 
 of constructing said highways, and the Boards of Supervisors shall 
 observe this order, so far as possible to do: 
 
 First .—The laying out of a highway on the best grades and align¬ 
 ments possible. 
 
 Second .—The grading and draining of said highways. 
 
 Third .—The construction of permanent substructures. 
 
 Fourth .—The establishment of a sprinkling plant for said 
 highways. 
 
 Fifth .—The graveling or macadamizing of all such highways. 
 
 To perform any work or construct any substructures under this 
 section, the Board of Supervisors to make definite surveys of the 
 proposed work, and to prepare plans, profiles and cross-sections 
 thereof, and to submit the same, with estimate of the amount, or 
 amounts, of work to be done, and the probable cost thereof, and with 
 specifications therefor, duly approved by the Department of Highways 
 of the State of California. The said report shall be prepared in trip¬ 
 licate, one copy to be filed in the Surveyor’s office, one in the Depart¬ 
 ment of Highways of said State, and the other to be filed with the 
 Clerk of the Board of Supervisors. The Board, upon receipt of such 
 report, must advertise for bids for the performance of the work speci¬ 
 fied, as provided in this section. All bidders must be offered oppor¬ 
 tunity to examine such plans and specifications, and said Board shall 
 award the contract to the lowest responsible bidder, and a copy of the 
 plans and specifications so adopted shall be attached to and become a 
 part of the contract; and the person or corporation to whom the 
 contract is awarded shall be required to execute a bond, to be approved 
 by said Board, for the faithful performance of such contract; provided, 
 that after the submission of the bids as herein provided, the Board of 
 Supervisors being advised by the County Surveyor that the work can 
 be done for a sum less than the lowest responsible bid, it shall then 
 be the privilege to reject all bids, and to order the work done, or 
 structure built, by day’s work under the supervision and control of 
 said Surveyor; provided, further, that the Surveyor in such case shall 
 be held personally responsible, under his official bond, to construct 
 the work and furnish material, at a cost not to exceed the amount of 
 the lowest responsible bid received. 
 
348 
 
 HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 The furnishing of all material or machinery for the purpose of this 
 Aqt shall he done by contract and advertisement for bids in the same 
 manner as far as possible as designated herein for road work. 
 
 The Boards of Supervisors shall decide all questions pertaining to 
 this Act by a majority vote of all members of the Board. 
 
 The County Surveyor and Department of Highways of the State 
 shall have power to inspect any work or advise as to the efficiency or 
 quality of all materials so purchased by the Board of Supervisors for 
 the purposes of this Act, and, upon the written request by the 
 Surveyor and Department of Highways, any failures to comply with 
 the contract or contracts, or any defects in the character of material 
 furnished, shall be remedied by the contractor, and, in default 
 thereof, the Board shall have power to deduct the value of such 
 failure or defect from the contract price agreed to be paid the con¬ 
 tractor. 
 
 The Board of Supervisors must employ the County Surveyor to 
 superintend the work contemplated by this Act, and, provided said 
 Surveyor is not a salaried officer, must allow him fair compensation 
 for such service. 
 
 The Board of Supervisors shall have power to make partial pay¬ 
 ments upon all contracts let by virtue of this Act, not to exceed 75% 
 of the work done, when the same shall be certified by the County 
 Surveyor as properly performed. 
 
 No contract shall be let in conformity to this Act exceeding the 
 amount of money in the “Good Roads Fund” of any county, or the 
 estimated amount to be paid into said fund during the fiscal year in 
 which said contract is entered into. 
 
 Section 2651, Political Code, Amended to read as follows: 
 
 The Board of Supervisors must annually set apart, from the prop¬ 
 erty road tax collected from all sources, 50%, to be set aside as 
 provided in Article III, Section 2643, Par. 7, Political Code; 35% of 
 the remainder of said road tax may be set aside for general county 
 road purposes; from which sum so set apart they may direct such 
 amounts to be paid as may be found necessary for such general county 
 road purposes in which the inhabitants of all the districts within the 
 county are more or less interested, or to assist weak or impoverished 
 districts in keeping their roads in repair, to be applied as the said 
 Board may order or direct; provided, that the Boards of Supervisors 
 in the several counties shall have no power to create a debt on any 
 road district in excess of the estimated amount of receipts from said 
 district for the current fiscal year. 
 
HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 349 
 
 An Act to Provide for the Acceptance of Highways of the First 
 Class by the State, and the Maintenance of the Same, and to 
 Make an Appropriation therefor. 
 
 The People of the State of California, Kepresented in the Senate 
 and Assembly, do enact as follows: 
 
 Section 1 .—Whenever five or more consecutive miles of highways 
 of the first class, as defined in an Act entitled “An Act to classify 
 the roads in the State of California, and to define each class,” shall 
 have been located and constructed within the limits of any county, in 
 conformity with plans and specifications approved by the Depart¬ 
 ment of Highways, the Board of Supervisors of such county may 
 petition the Department of Highways to accept said portion of road 
 and to maintain the same. 
 
 Sectio7i 2 .—Said Department shall thereupon examine said road 
 and certify to the Governor of the State whether or not such location 
 and construction have been in conformity with the plans and speci¬ 
 fications therefor, and if in its opinion said roads should be accepted. 
 Should such opinion be favorable, and meet with the approval of the 
 Governor, such road must then be accepted by the Department in the 
 name of the State, and shall thereafter be maintained by the Depart¬ 
 ment of Highways as provided by the law. 
 
 Section 3 .—An appropriation of $100 000, or so much thereof as 
 may be necessary, is hereby made for the purposes of carrying out 
 the provisions of this Act during the fiscal years of 1899-1900 and 
 1900-1901; said fund to be designated as the “ State Highway Main¬ 
 tenance Fund.” 
 
 Section 4 .—On or about September 1st, 1900, and biennially there¬ 
 after, the Department of Highways must certify to the State Con¬ 
 troller the amount necessary to maintain said highways of the first 
 class for the following two fiscal years. The Controller shall include 
 this amount in his estimate of expenditures, and which, when paid 
 into the State Treasury, must be credited to said fund. 
 
 Section 5 .—The Department of Highways is hereby authorized to 
 advertise for bids, in two newspapers in the county in which the road 
 is situated, for contracts to sprinkle, roll and maintain such State 
 Highways as may be accepted under the provisions of this Act, and 
 for the necessary appliances and machinery for said work. Said 
 Department shall have the power to reject any and all bids, and order 
 the work done by day’s labor for an amount less than the lowest 
 responsible bidder, and the Commissioner is responsible on his bond 
 that the work shall be done according to the plans and specifications. 
 Said bids to be filed with the County Clerk of the county in which 
 said highway is situated, and to be opened by the Commissioner of 
 the Department of Highways at the office of said clerk on a day 
 specified in said advertisement for bids. 
 
350 
 
 HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 Section 6 .—The money paid into the State Highway Maintenance 
 Fund is hereby appropriated, without reference to fiscal years, for 
 the exclusive purpose of maintaining State Highways. All claims 
 against the State Highway Maintenance Fund must be made by 
 warrants drawn against said fund by the State Controller, in the 
 name of the person or persons rendering the services or furnishing 
 material provided for by this Act, and must be audited and approved 
 by the Commissioner of the Department of Highways and by the 
 State Board of Examiners. The State Controller is hereby directed 
 and authorized to draw said warrants, when so audited and approved, 
 and the State Treasurer is authorized to pay said warrants, to the 
 extent of moneys available therefor. 
 
 Section 7.—This Act shall take effect upon and after its passage. 
 
 An Act to Provide for the Location, Construction, and Mainte¬ 
 nance of Highways, Owned or to be Acquired by the State of 
 Cadifornia, by the Levy of a Tax, and the Creation of a Fund 
 
 THEREFOR. 
 
 The People of the State of California, Represented in Senate and 
 Assembly, do enact as follows: 
 
 Section 1 .—There is hereby levied annually, for each fiscal year, an 
 ad valorem tax of 2^ cents upon each $100 of value of the taxable prop¬ 
 erty of the State, which tax should be collected by the several officers 
 charged with the collection of State Taxes, in the same manner and at 
 the same time as other State taxes are collected, upon all classes or 
 any class of property, which tax is for the location, construction, and 
 maintenance of highways owned or to be acquired by the State of 
 California. 
 
 Section 2 .—The State Board of Equalization, at the time when it 
 annually determines the rate of State taxes to be collected, must, at 
 the same time, declare the levy of said rate of 2| cents upon each $100 
 of value of taxable property, and notify the Auditor and Board of 
 Supervisors of each county thereof. 
 
 Section 3 .—The moneys collected from said rate, after deducting 
 the proportionate share of expense of collecting from the same, to 
 which other State taxes are subject, must be paid into the State Treas¬ 
 ury, and be by the Treasurer converted into a separate fund, hereby 
 created, to be called “The State Highway Fund.” 
 
 Section 4 .—The money paid into said “State Highway Fund” is 
 hereby appropriated, without reference to fiscal years, for the exclu¬ 
 sive purposes of locating, constructing, and maintaining the State 
 Highways, and in no case shall any portion thereof be used for the 
 acquisition of title to or rights of way over land or lands" through or 
 
HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 351 
 
 upon which said State Highways may be located. All claims against 
 said “State Highway Fund” must be audited by the Department of 
 Highways, and approved by the State Board of Examiners, and pay¬ 
 ments shall be made out of said fund only upon warrants drawn 
 against the said “State Highway Fund” by the State Controller, in 
 the name of the person or persons rendering the services or furnish¬ 
 ing material provided for in this Act; and the State Treasurer is hereby 
 directed and authorized to pay said warrants. 
 
 Section 5 .—No more than 8 % of the money derived from said 
 “ State Highway Fund” shall be expended in any one county of the 
 State in any one fiscal year. 
 
 Section 6 .—All Acts or parts of Acts in conflict with the provisions 
 of this Act are hereby repealed. 
 
 Section 7.—This Act shall take effect and be in force from and after 
 its passage. 
 
 Chapter CXYII, Statutes and Amendments, 1897, to be Amended as 
 
 Follows : 
 
 Section 1 .—The width of tires for wheels upon wagons or other 
 vehicles to be used upon highways in the State of California shall be, 
 for the following styles of wagons, as follows: 
 
 1£ and §-in. steel or iron axle; 2f and 3-in. steel or | Not less than 
 iron thimble skein axle; 2| and 2f-in. tubular axle, j 2£-in. tires. 
 
 If and lf-in. steel and iron axle; 3f-in. steel or iron ) Not less than 
 thimble skein axle; 2§-in. tubular axle. j 3-in. tires. 
 
 All other vehicles with an axle greater in size or capacity than 
 those above enumerated shall have tires of not less than 4 ins. in 
 width. 
 
 Section 3 to be repealed. 
 
 Section 4 to be numbered 3. 
 
 Section 5 to be numbered 4. 
 
 Sections 8 and 9 of Chapter CCLXXII to be Amended to Bead as 
 
 Follows : 
 
 Section 8. — The Department of Highways shall take possession, in 
 the name of the State, and as rapidly as the funds provided therefor 
 will permit, of all roads which have been or may be declared State 
 Highways, and, in cases where the Legislature may define the general 
 direction and route of a State Highway, the Department shall defi¬ 
 nitely locate the same* upon the best grades and alignments, and as 
 closely following the general lines defined by the Legislature, as the 
 topography of the country will permit, and in consonance with the 
 
352 
 
 HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 best interests of the State; and whenever the location of an existing 
 county road, or any portion thereof, is such that it may be properly 
 defined as a State Highway, or a portion thereof, then the location of 
 such county road shall be utilized for said State Highway; provided, 
 that all highways included within the boundaries of the lands of the 
 State institutions, parks or reservations, now governed by bodies spe¬ 
 cified by law, are hereby expressly excepted from the jurisdiction of 
 said Department. 
 
 Section 9 .—The Department of Highways shall have power to locate, 
 construct, and maintain State Highways to the extent of the funds 
 available; and to this end advertise for and let all contracts; purchase, 
 equip, and operate the necessary quarries; and acquire such other 
 property necessary for the construction and maintenance of the roads 
 provided for. Whenever it shall become necessary to construct any 
 part of the System of State Highways, as herein provided for, the cost 
 of which exceeds $500, the Department of Highways must have plans, 
 specifications, and estimates therefor in triplicate, and must advertise 
 for bids for a period of two weeks, in two papers of general circula¬ 
 tion, and which shall give the lowest rate for publication, published, 
 one at the point nearest to where the work is to be performed, and one 
 at the State Capitol. Said advertisement shall be in the following 
 form: 
 
 Department of Highways, Sacramento, Cal., ...., 18... 
 
 Sealed bids will be received by the Department of Highways of the 
 State of California, at its office in the State Capitol, Sacramento, 
 until.o’clock,.M., 18.., for-in.county, California. 
 
 Plans and specifications for said work are on file in the office of said 
 
 Department and in the office of the County Clerk of.County, at 
 
 ., Cal., to which bidders are hereby referred. 
 
 [seal. ] 
 
 Highway Commissioner. 
 
 These recommendations were not fully considered by the Legisla¬ 
 ture of 1899. This was a year in which a senator was to be elected, 
 which duty so engrossed the time of the Legislature that but little 
 else was thought of. 
 
 Time was found, however, to re-enact the law providing for the 
 construction of an important link of road between the easterly end of 
 the roads leading easterly from the Yosemite Yalley and those of Mono 
 County on the other side of the Sierra Nevada. 
 
HISTORY OF ROAD CONDITIONS IN CALIFORNIA. 
 
 353 
 
 The influence of so-called political considerations gave an instruct¬ 
 ive instance in the drafting of this Act. The roads to be connected 
 are the Tioga Road and those of Mono County, in the basin of Lake 
 Mono. The Tioga Road has been constructed across the Sierras at an 
 elevation of about 9 500 ft., and into the basin of Mono Lake, at the 
 Tioga Mine. From thence three possible routes exist: 
 
 First .—Down the canon of Leevining Creek; 
 
 Second .—Northeasterly again over the crest of the Sierras at an 
 elevation of over 10 200 ft., and down the canon of Mill Creek past a 
 mining settlement at which there are at present concentrated some 
 forty votes; 
 
 Third .—To the southeasterly, also over the crest of the Sierras, 
 through Mono Pass, at an elevation of over 10 200 ft., and down Bloody 
 Canon. 
 
 All considerations, economy, shortness of route, lighter grades, 
 freedom from snow, stability of roadbed, suitability of materials, and 
 the best interests of the state, are in favor of the first—the Leevining 
 Creek route. 
 
 These facts were fully brought out; yet the legislator who drafted 
 and introduced the bill could not be induced to draw it so as to apply 
 to the best route, but yielded to the importunities of the voters on the 
 Mill Creek route, and drew the bill so that the diversion of the fund 
 to that route could be possible. At this date, it is yet possible that 
 the best of the routes may, through these influences, be abandoned for 
 the worst.* 
 
 The attempt to introduce method in road building, however, has 
 not been without result; a much better understanding is had through¬ 
 out the state, and many practices have been corrected. It must be 
 admitted, however, that political road building so far has had the best 
 of the struggle. 
 
 * Since the above was written, the U. S. Commission on Roads in the Yosemite 
 National Park has confirmed the selection of the Leevining Creek route. Pp. 11-14 of 
 Report. 
 
354 
 
 DISCUSSION ON ROAD CONDITIONS IN CALIFORNIA. 
 
 DISCUSSION. 
 
 . Owen. James Owen, M. Am. Soc. C. E.—This paper is hardly in the line 
 of a professional topic. It recites the history and conditions of road 
 promotion and road legislation in the State of California, and is very 
 interesting, as it gives the experience through which the State of 
 Calif ornia has gone, which is, to a large extent, similar to that of other 
 States in the Union, except that in California work is not as far 
 advanced as in the Eastern States. 
 
 One of the burdens of Mr. Manson’s subject is the cry that many 
 engineers make, viz., the interjection of the political element into 
 road work. 
 
 Attention should be called particularly to the clause on page 347, 
 because the speaker has never before seen it in the shape of a legal 
 enactment. If it were in active practice in this section of the United 
 States it would devolve upon the engineer to determine whether a bid 
 was too high, and if it should turn out that the work cost more than 
 he estimated, he would have to pay the difference out of his own 
 pocket. It is a question whether the engineering profession at large 
 would like to have such a practice incorporated in their ethics. 
 
 There is one point about the California work that does not seem 
 to be stated by Mr. Manson, and that is, that the State Penitentiary, 
 in the early incipiency of the road work of that state, put up a large 
 stone-cracking plant, and at that time a very advantageous rate was 
 made with the Southern Pacific Railroad to haul the road material to 
 different sections of the state. The state engineer at that time told 
 the speaker that they were hauling road material at a very moderate 
 cost for a distance of over 600 miles. The speaker does not know 
 whether or not that practice is kept up now, but it was a very 
 important procedure. The railroads there felt that highway con¬ 
 struction was an adjunct to their business, and offered these induce¬ 
 ments to facilitate the further development of road work. The 
 railroads in the East, so far, have not taken that view of the road 
 work, but have always demanded full rates for their mileage, in 
 common with other fields of enterprise. 
 
 There is another interesting phase of Californian legislation which 
 differs materially from the practice in the East, and it has a great 
 deal of merit : The law provides that a sum of one-half the road tax 
 shall be reserved for what is called a “good-roads fund,” out of 
 which the cost of the road construction is paid. After the road ia 
 built it is turned over to the state for maintenance, and the state, 
 under the statute, must provide and appropriate $100 000, or so 
 much thereof as may be necessary, for the purpose of carrying out 
 the provisions of that act. The practice in the East is entirely 
 different. Where the states have interjected their authority and funda 
 
DISCUSSION ON ROAD CONDITIONS IN CALIFORNIA. 
 
 355 
 
 for the construction of a road, the provision afterward is that the Mr. Owen, 
 local authorities shall pay for the maintenance—that is, as far as tho 
 speaker knows—he does not remember exactly the practice now in 
 Massachusetts—whether or not the State Road Commission there pro¬ 
 vides a fund for the maintenance—but in New York, New Jersey, and 
 the States with which he is cognizant, the local authorities have 
 complete charge of the expenditure for maintenance. 
 
 The speaker is inclined to think that that Californian provision is an 
 improvement. The more concentrated the authority of maintenance 
 the better will be the result. The difficulty always found inroad con¬ 
 struction or road maintenance is, that while people are very anxious 
 to have good roads, and appreciate them, the local authorities are not 
 anxious to appropriate the necessary moneys to keep them in good 
 repair. 
 
 George W. Tellson, M. Am. Soc. C. E.—In Toronto, Canada, the Mr. Tiiison. 
 practice in receiving bids is somewhat similar to that mentioned in the 
 last clause of the California law. When bids are asked for in Toronto, 
 or rather when they are received, the practice is for the city engi¬ 
 neer himself to put in a bid on the work. If that bid is lower than 
 any of the others received, the work is awarded to him and he completes 
 it by day’s labor. The object, of course, is not to give the city 
 engineer the opportunity to pay for anything out of his own pocket, 
 but is to prevent the bidders from making a combination and getting 
 more than a reasonable price for the work, because it ought not to be 
 difficult for the contractors to do work at a fair profit, but for less 
 than city officials, in this country, at least, could do it by day’s labor. 
 
 In looking over the report of the city engineer, where he has 
 reported upon work for which he putin his proposal and was awarded 
 the work, it is found that, as a general rule, he has often done the 
 work for less than the amount of his bid, but in some few cases the 
 cost of the work has exceeded his bid. 
 
 In regard to the Massachusetts law, the President of the Commis¬ 
 sion told the speaker, a short time ago, that at the present time they 
 have charge of the maintenance of the roads, although at first they 
 did not; and that the cost last year averaged $95 per mile for main¬ 
 tenance, over all the roads, although some of the roads, on which the 
 work was done by contract, were kept in good repair for $70 per mile. 
 
 Marsden Manson, M. Am. Soc. C. E. (by letter).—In the applica- Mr. Manson. 
 tion of the principles of engineering to the varied problems before 
 that profession, the physical, economic, legal and political phases 
 have to be broadly construed and balanced. When the work or problem 
 has long been treated without any professional consideration what¬ 
 ever, the history of this treatment and its results must enter into the 
 engineering study. The writer does not agree, therefore, with Mr. 
 
 Owen, that a brief consideration of road history and legislation are 
 
356 DISCUSSION ON ROAD CONDITIONS IN CALIFORNIA. 
 
 . Manson. not professional topics; they are all elements in the great problem of 
 rectification which, sooner or later, has to be undertaken. 
 
 The principles of engineering must not only be applied to re-loca¬ 
 tion, drainage, grading and installing a true highway, but, for consid¬ 
 erable periods, must be also applied to the maintenance of the next to 
 impassable surfaces called roads. 
 
 The writer overlooked the excellent work done by the rock-crush¬ 
 ing plant at the State Penitentiary at Folsom. Mr. Owen, however, 
 was misinformed as to the distances over which its product was dis¬ 
 tributed. Small quantities were sold to adjacent counties at cost, and 
 transported at very cheap rates to perhaps one-fourth the distance 
 mentioned by Mr. Owen, or about 150 miles as a maximum. The 
 greater part was taken by the cities of Stockton and Sacramento. The 
 plant was destroyed by fire, supposed to have been incendiary, but 
 has been re-established on a diminished scale. 
 
 The provision requiring one-half the road funds to be set aside as 
 a Good Roads Fund was one of the recommendations of the Highway 
 Commission; it did not become a law, as Mr. Owen seems to infer. A 
 careful reading of the paper will correct this misapprehension; nor 
 was the recommendation carried out that $100 000 be appropriated as 
 a Maintenance Fund. 
 
 The provision in the Canadian law, mentioned by Mr. Tillson, 
 permitting the engineer to bid in the work and perform the same by 
 day’s labor, is an excellent one, as it provides an adequate check on 
 collusion among bidders. 
 
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 JUL 2 5 1924 
 
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