Chap. 73.—An ACT to establish a State highway commission, to define its
powers and duties; the term of office, salary and qualifications of the com-
missioner; to authorize the commissioner to call into consultation the pro-
fessors of engineering in certain State institutions, and appropriating
money to carry the provisions of this act into effect.

Approved March 6, 1906.

1. Be it enacted by the general assembly of Virginia, as follows:
That as used in this act the term “roads,” “public roads,” “county
roads.” and “highways” shall mean any main travelled public road of a
county opened by the county or repaired by the county and used for
public travel; that the term “commissioner” means the State highway
commissioner, when in the performance of his duty.

2. The governor shall, at least fifteen days before the first day of
July, nineteen hundred and six, appoint for a term of two years from
July first, nineteen hundred and six, and at least fifteen days before the
first day of February, nineteen hundred and eight, and at least fifteen
days before the first day of February every sixth year thereafter, ap-
point. subject to the confirmation of the general assembly, in joint ses-
sion, a citizen of this State possessing the qualifications prescribed by
this act to be the State highway commissioner, whose term of office
shall he six years, which shall begin on the first day of July next suc-
ceeding his appointment and confirmation, except that an appointment
to fill a vacancy may be made by the governor which shall begin from
his qualification and end on the thirtieth day of June succeeding the
next session of the legislature, which legislature shall confirm such
appointee’s successor for the remainder of the unexpired term. The
commissioner, together with the professors of civil engineering of the
University of Virginia, Virginia military institute, and Virginia agri-
cultural and mechanical college and polytechnic institute, one such
professor to be designated by each of the boards of visitors of said
institutions, shall constitute the State highway commission.

3. No person shall be eligible to the office of State highway com-
missioner unless he is a citizen of this State, and unless he is a civil en-
gineer and a person well versed in road building.

4. The State highway commissioner shall, in the same manner, take
and return the oath prescribed by law for all State officers.

5..The superintendent of public buildings shall provide suitable
offices for the State highway commission in Richmond.

6. The State highway commissioner shall have an assistant, who
shall be a civil engineer, and a clerk, to be appointed by the commis-
sioner and to hold office at his pleasure, and who shall perform such
duties as the commissioner may prescribe.

7. The commissioner may employ such other assistants and clerks
as he may deem the needs of the State require, provided such assistants
and clerks be paid no more than is allowed under this act for the as-
sistant and clerk herein provided for: and, provided further, that the
governor and the professor of civil engineering of the University of
Virginia, the Virginia military institute, and the Virginia agricul-
tural and mechanical college and polytechnic institute shall approve
of the employment by the commissioner of additional assistants and
clerks. Such additional clerks and assistants shall be paid out of the
contingent fund appropriated by this act.

8. It shall be the duty of the State highway commission to gather
and tabulate information and statistics on road building, maintenance
and improvement, and to disseminate the same throughout the State
through farmers’ institutes and the bulletins of the board of agricul-
ture, or otherwise; and the commissioner shall make an annual report
to the governor of the conduct and work of his office.

9. Whenever the local road authorities of any county propose to im-
prove permanently any main travelled road or part thereof in their
county, they may apply to the State highway commission for a com-
petent civil engineer to view the proposed road. Upon receipt of such
application the State highway commissioner shall send to such local
road authorities a blank form, furnished by him for the purpose, clicit-
ing from said local road authorities such information touching the pro-
posed road improvement as he may desire, which blank form said local
road authorities shall fill out to the best of their ability and return to
the commissioner. If the commissioner be satisfied that the proposed
improvement will be permanent and upon a main travelled road, and
that the plans proposed by the local road authorities for such improve-
ment are in his judgment adequate and practicable, he, or one of his
assistants, shall view said road or part thereof proposed to be improved_
and shall carefully prepare plans, specifications and estimates of cost
for its construction with the materials agreed upon between the local-
road authorities and the commissioner, a copy of said plans, specifica-
tions and estimates of cost shall be submitted to the local road authori-
ties and a copy filed in the office of the commissioner. If the local road
authorities shall then decide to improve or construct said road or part
thereof in accordance with the plans and specifications recommended
and submitted by the commissioner, they may then apply to the State
highway commissioner for such State aid for the improvement or con-
struction of said road as may be obtained under the provisions of this
act.

10. Whenever any county, through its local road authorities, shall
make such last mentioned application to the State highway commis-
sioner, and shall agree to supply all necessary materials, tools, and
teams, required by the plans and specifications of the State highway
commissioner, as aforesaid, and shall agree also to have the work per-
formed, according to the plans and specifications of the State highway
commissioner and under the supervision of a civil engineer to he sup-
plied by the State highway commissioner, whose salary is not to exceed
the rate of twelve hundred dollars a year, to be paid by the county hav-
ing the benefit of his service, which consent and agreement shall be in
writing and forwarded to and filed by the commissioner in his office,
then the commissioner shall make requisition upon the superintendent
of the penitentiary for such number of the State convict road force as
he may deem necessary under the plans and specifications agreed upon
as aforesaid, for the proper and economic work on said road. And
Uiereupon the superintendent of the penitentiary shall send to such
county for such purpose the number of the State convict road force so
required, and all of the provisions of an act, entitled “an act to create
the State convict road force,” ete., approved on the —————
day of ——__—_——_—, nineteen hundred and six, shall apply to the
working of said State convict road forec upon said road.

11. The State highway commissioner, as far as practicable, shall
give equal service to each county of the State desiring to accept the
lenefits of this act.

12. The State highway commissioner shall have a general super-
vision of the construction and repair of the main travelled roads of the
State; the commissioner may recommend to the local road authorities
of any county, and to the governor, needed improvements in the public
roads; he shall supply technical information on road building to any
citizen or officer in the State, and from time to time publish for public
use such information as will be generally useful for road improvement.

13. The State highway commissioner may call into consultation, for
any engineering problem confronting him, the professor of civil en-
gineering of the University of Virginia, the Virginia military institute
and the Virginia agricultural and mechanical college and polytechnic
institute, or any one or two of them. And it shall be the duty of said
professors to aid and assist the said commissioner and to furnish him
with any information or knowledge in their power; and when not
actually engaged in academic work they may view any road work, bed,
or quarry, or visit any other place deemed necessary by the commis-
sioner or the professor for the assistance of the commissioner.

14. The State highway commissioner shall receive three thousand
dollars per annum and his actual necessary travelling expenses when
travelling on necessary business of his office; the assistant of the State
highway commission shall receive eighteen hundred dollars per annum
and his actual necessary travelling expenses when travelling on neces-
sary business of his office; the clerk provided for by this act shall re-
ceive twelve hundred dollars per annum; the professors of civil en-
gineering of the University of Virginia, the Virginia military institute,
and the Virginia agricultural and mechanical college and polytechnic
institute, shall, when employed in any manner required of them under
this act, receive their actual expenses. The sum of sixteen thousand
dollars, out of any money not otherwise appropriated, is hereby appro-
priated out of the treasury to carry the provisions of this act into effect,
to be used for the salaries of the commissioner, the assistant commis-
sioner and the clerk from July first, nineteen hundred and six, to Feb-
ruary twenty-eighth, nineteen hundred and eight, and the residue
thereof to be used for office fixtures and contingent expenses of the
State highway commission.