7 materials in the construction of county-district roads.

Sec. 28. Whenever it shall be necessary from any cause to ac2 quire any lands for the purpose of constructing, widening,

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[H. B. No. 523 3 straightening, grading or altering any state road which cannot be 4 acquired at a satisfactory price by purchase or grant, the said 5 Commission is hereby empowered to condemn the necessary lands 6 therefor, together with all necessary rights and easements, under 7 the right of eminent domain; and this right of condemnation 8 shall apply to gravel, sand pits, sand banks, and quarries, with 9 rights of way thereto, the same as to land. The cost of all rights 10 of way acquired for any new state or county district road, or 11 roads, or for the purpose of widening, straightening, grading, or 12 altering any such road or roads, shall be paid by the county court 13 of the county in which such road or roads shall lie.

Sec. 29. Before the Commission shall undertake the construc2 tion, reconstruction or improvement of any state road on the plan 3 of the state road system wherein a change of existing lines and 4 location is necessary and damage is likely to result to abutting 5 property, it shall, when possible, enter into an agreement with the 6 owner or owners of said property as to the amount of damage, if 7 any, to be paid to the said owner or owners by the state; but 8 in case an agreement satisfactory to the Commission and said 9 owner or owners cannot be made, the Commission may proceed 10 with the work of construction, reconstruction or improvement; H. B. No. 523]

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11 and the owner or owners of said property, damaged thereby, may 12 present their petition to the circuit court of the county wherein 13 the road improved or to be improved lies; for the appointment of 14 viewers to ascertain and assess such damages, if any. The pro

15 ceedings shall be conducted according to the law governing the 16 location, re-location, and changes of other roads, and all damages, 17 when ascertained, shall be paid by the county court of the county 18 in which such road lies.

Sec. 30. All state roads, under the provisions of this act, shall 2 be marked with suitable signs having the words "State Road" 3 thereon; and signs, or distance boards, giving distances to towns 4 or villages, shall be erected at cross or intersecting roads; the 5 same to be paid for as part of the cost of the road. No rail6 road or street railroad shall hereafter be constructed upon any

7 state road, nor shall any railroad or street railway crossing, nor 8 any gas pipe, water pipe, electric conduits, or other pipe, be laid 9 upon or on it, nor shall any telephone, telegraph or electric line 10 or power pole be erected upon or in any portion of a state road, 11 except under such restrictions, conditions and regulations as may 12 be prescribed by the State Road Commission. The Commission 13 is empowered to make reasonable rules and regulations governing [H. B. No. 523

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14 the use of all state roads, not inconsistent with the law, or other15 wise provided herein; and any person violating any of such rules 16 or regulations shall be guilty of a misdemeanor, and upon arrest 17 and conviction thereof, shall pay a fine of not less than ten dollars 18 nor more than twenty dollars for each offense.

Sec. 31. The State Road Commossion shall not construct, re2 construct, improve or repair any section of a state road or high3 way within any city or incorporated town, having a population 4 of less than twenty-five hundred persons, until such city or in5 corporated town shall lay all necessary pipes and make all neces6 sary connections for sewerage, water, gas, heating, lighting and 7 any other purpose whatsoever, where the duty to lay such pipes 8 and make such connections is imposed by law upon such city or 9 town; and shall, by ordinance duly passed by the city or town 10 council, compel all public service companies and abutting prop11 erty owners to lay all necessary pipes and to make all necessary 12 conections for sewerage, water, gas, heating, lighting or any other 13 purposes whatsoever, along and in the line of said section of state 14 road or highway, before the work of construction, reconstruc15 tion or improvement of the same is started. In the event that 16 such city or town, after it shall have been served with notice in H. B. No. 523] 17 writing by said Commission of its intention to improve such 18 street or highway, and shall have been requested to lay all neces19 sary pipe and make all necessary connections, as aforesaid, and 20 to compel all public service companies and abutting property own21 ers to lay all necessary pipe and make all necessary connections 22 for the purposes aforesaid, shall fail to comply with such request, 23 within sixty days after service of such notice, the Commission 24 may thereupon lay such pipes and make such connections, and the 25 cost and expense thereof shall be chargeable by the Commission 26 against such city or town; and upon the neglect or refusal of such

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27 city or town to pay such costs and expense within sixty days 28 after the completion of the laying of such pipes and making such 29 connections, the Commission may collect the same by proper 30 action in any court having jurisdiction thereof; provided that 31 such costs and expenses shall not be chargeable against any such 32 city or town to the extent that the same would impose an in33 debtedness against such city or town in excess of the amount al34 lowed by existing law; provided, further, that said section of state 35 roads shall not be torn up or opened for any purpose whatsoever 36 by the city or town or any public service company or abutting 37 property owner or any other person or persons unless a permit so 34 [H. B. No. 523 38 so to do shall first have been obtained from the Commission, and 39 unless the applicant shall first have deposited with the Commis40 sion a sum of money sufficient in the judgment of the Commission 41 to cover the cost of repairs thereof. Such repairs shall be made 42 at the cost of the applicant aforesaid, under the supervision of the 43 Commission or its duly authorized agent or representative, accord44 ing to the standards of the said commission.

State Prison Road Force.

Sec. 32. All convicts confined in the state penitentiary of this 2 state and delivered to the State Road Commission upon its requi3 sition, as herein provided, shall, when so delivered, constitute the 4 "State Convict Road Force."

Sec. 33. The state convict road force as now or hereafter con2 stituted shall, as far as practicable, except as herein otherwise pro3 vided, be employed in the construction and maintenance of the 4 state road system, and to this end may be used in rock quarries, 5 stone crushers, gravel pits, brick kilns and other plants in the 6 preparation and manufacture of materials for road construction 7 and maintenance.

Sec. 34. Convicts may be employed by the commission in any 2 place within the state outside of incorporated cities, towns and H. B. No. 523] 35

3 villages, under the regulations herein prescribed. The board of 4 control, with the advice and assistance of the warden of the peniten5 tiary, shall determine what prisoners therein confined may, with 6 safety and convenience, be assigned to such work, selecting pre7ferably such prisoners as are believed to be most trustworthy. 8 Whenever the commission shall desire to use such prison labor for

9 the construction, maintenance, improvement or repair of any 10 state road or highway in this state, or any part thereof, or for 11 the preparation of road materials for road construction and main12 tenance, it shall make requisition upon the state board of control 13 to send convicts to the place or places where they are desired to 14 be worked upon such road. Such requisition shall be in form pre15 scribed by the board of control, and shall state the number of con16 victs desired, which shall not be less than ten, and the length of 17 time for which the commission desires to contract. The board of 18 control shall grant all such requisitions in so far as the number of 19 prisoners in the penitentiary available shall be sufficient to meet 20 the requirements of the commission; and if at any time the num21 ber of prisoners available shall not be sufficient to meet the re22 quirements of the commission, the board of control shall file the 23 requisitions, and supply the prisoners required as soon as they may 36 [H. B. No. 523 24 be available. The board of control may, for good cause, refuse to 25 honor any or all such requisitions, in which event the cause of such 26 refusal shall be specified in writing to the commission.

Sec. 35. Whenever any such application shall be granted by the 2 board of control, a contract in writing, based thereon, shall be 3 entered into between the board of control and the commission, 4 which shall set forth the terms of the agreement, based on such 5 application.

Sec. 36. The state prison road force shall be guarded when 2 working on the roads of the state and in making road materials, 3 and when being transported to and from the penitentiary by 4 guards detailed by the warden of the penitentiary, who shall desig5 nate one guard as the superior, and the other or others as assistants, 6 and such superior may, by agreement with the commission, act as 7 and be the foreman in charge of such work. The state guard shall 8 obey the rules prescribed for the maintenance of prison camps. 9 Any guard not obeying such rules shall, on recommendation of the 10 engineer in charge of the work, be immediately recalled, and some 11 other person detailed in his stead. The guards having charge of 12 such prisoners shall not exceed one guard and an assistant for 13 thirty men, and one guard and two assistants for fifty men. The H. B. No. 523] 37

14 wages of each guard, superior and assistant shall be fixed by 15 agreement between the commission and the warden of the peni

16 tentiary. The warden, his assistants or guards, at the request 17 of the State Road Commission, may, as far as practicable, make 18 trusties of the state prison road force employed under this act. 19 All guards and prisoners shall be under the direction of the State 20 Road Commission, or its engineer in charge, and shall work not to 21 exceed ten hours per day, and each prisoner shall be paid for such 22 time in excess of nine hours per day at the contract rate paid by 23 the commission for such prisoner's labor. The state board of 24 health, state board of control and the State Road Commission shall 25 promptly formulate rules and regulations governing such camps, 26 and the state board of control shall allow such good time and other 27 allowances as may be deemed wise for the government of state 28 prisoners and prison camps, in addition to that allowed by law.

Sec. 37. The warden of the penitentiary shall provide suitable 2 movable quarters, said quarters to be built so far as can be, with 3 convict labor; and shall supply all necessary cooking utensils, beds 4 and bedding, and wagons or other vehicles for transporting the 5 convicts and camp fixtures, for the camps or stations of said prison 6 road force.

Sec. 38. All convicts forming the state prison road force shall 2 be transported to and from the penitentiary under the direction 3 of the warden thereof, and the expense of such transfer shall be 4 paid in the same way as is now provided by law for transporting 5 convicts to the penitentiary; and such prisoners may be trans6 ported anywhere in the state, as may be required by the commis7 sion.

Sec. 39. The warden of the penitentiary shall provide in the 2 same manner as he now provides for convicts in the penitentiary, 3 all clothing, food, quarters and guards for the state prison road 4 force when at work on said state roads anywhere in the state.

Sec. 40. Whenever any prisoner working on such roads shall 2 become sick, or shall be disabled by accident or otherwise, he shall 3 be attended by the physician employed by the county court to 4 take care of the poor in the county, or by the jail physician in such 5 county wherein such prisoner is being employed, and the fees of 6 such physician shall be paid by the commission in such sum as 7 may be agreed upon by the commission with such physician. In 8 any case of emergency the physician who can be most conveniently 9 reached shall attend such prisoner until the physician for the poor