directly to the circuit court. At least this would relieve the county judge of the embarrassment of passing upon the judgment of his fellow commissioners.

If you are familiar with our road laws, you will say that there is a form of procedure already provided whereby the county court may proceed with the permanent improvement of a county road of its own motion and without a petition. But it is to be noticed that this method is only available where the road is already opened and it is not the intention to depart from the general route of such established road. The trouble with this mode of procedure, however, is that it provides for a hearing to be had with the owners of the lands to be appropriated, and if at that hearing the county court is unable to agree with the owners as to the amount of compensation and damages, it is then compulsory upon the county court to institute condemnation proceedings to acquire its right of way. As an owner frequently has exaggerated ideas of the value of his own property, this is usually the case. If the county court commences condemnation proceedings, it must do so as any other corporation given the right of eminent domain. This law makes it incumbent upon the county to pay a reasonable attorney's fee to the defendant, unless it appear that the county has tendered him before commencing the action an amount equal to or greater than that assessed by the jury. This provision of the law is an added inducement for the attorney of the owner to encourage a disagreement between the parties, in the hope that by securing a small amount in excess of that tendered by the county court he will thereby be paid from the county funds a “reasonable" attorney's fee. If the county court, in establishing a county road, is a court, its decision should be binding, and private parties should be compelled to appeal from its decision. Instead of this the county court is forced to take an anomalous position in the litigation by being compelled to justify the justice of its decision before another tribunal.

We thus see that these defects in our system of establishing county roads need correction by skilled hands at every step of the procedure.

It is not enough to provide additional

methods of establishing county roads. Former legislatures have taken this course, with the result that we are now surfeited with a number of different methods totally inconsistent with each other. Lawyers have tried to harmonize the various sections and to supplement the good parts of one with the good parts of another, with the result that in the end no one can tell what should have been the proper course to pursue. An injunction suit usually follows, with its incident delays and expense. Although it is a difficult, arduous task requiring much labor, some constructive legislation should be enacted cutting away the dead timber of our road laws.

There is one other feature of the road laws upon which I desire to comment. I believe that the county courts should be granted authority to protect roads established by them at great expense to the public, from damage at the hands of the wilful offender or criminally careless. We have a number of statutes which make it punishable by fine or imprisonment to do certain prohibited' acts, but an examination will show that they fail to go far enough. Or if the statutes are provided, the penalties are not properly arranged so that the offender can be meted swift and certain justice. The misdemeanors are practically all made indictable misdemeanors, of which the justice court does not have jurisdiction. The result is that in an attempt at severity, so many formalities are necessary that the offender goes scot free.

Mileage and Distribution

By John H. Lewis, State Engineer

It will require approximately 4,200 miles of State roads to connect each county seat and adequately serve all parts of the State.

As feeders to this trunk line system, approximately 8,000 miles of high-class county roads will be necessary.

We thus have a total of 12,200 miles of State and county road's to be built and maintained in accordance with modern standards required by motor vehicle traffic. In addition there are approximately 33,000 miles of local or district roads which must also be maintained.

With our great area, and limited population and taxable wealth, we are thus confronted with an enormous task. Its magnitude will perhaps be appreciated better by comparison with New York State, which has practically the same length of State and county roads. Here State bonds to the extent of $100,000,000.00 have been issued and expended along with liberal allotments by counties and the system only about seven-tenths complete.

The State of Oregon is so cut up by mountains and valleys that it would be difficult to greatly reduce the mileage suggested without doing an injustice to some counties. It appears that our State road system must necessarily be more extensive than that of California or Washington.

We must have a north and south road along the coast, also one through the populous Willamette and Rogue River valleys, and one through eastern Oregon. Likewise, we must have an east and west route along the northern and southern edges of the State, with sufficient diagonal routes through the center to afford proper connections for cross-State travel.

The California state highway system includes 2,900 miles or three-fourths that suggested for Oregon. It is estimated that $50,000,000.00 will be required to complete that system. ccclxxvii

Washington has 3,293 miles designated as state routes. The State of Michigan has 4,785 miles or more than the State of Oregon.

Of the 4,200 miles of State routes, approximately 700 miles are within National Forests and Parks.

Assuming that the Federal Government will ultimately construct the roads crossing forest and park property, and that the State roads will when completed, cost on an average $20,000.00 per mile for both foundation and wearing surface, we will thus face an expenditure of $75,000,000.00 or more in the construction of the 3,500 miles of State roads, outside forest areas. If the county roads are also to be reconstructed and paved we must face an additional expenditure of $160,000,000.00. The basis for this estimate is the same as that used recently in New Jersey in voting a bond issue of $7,000,000.00 for road work.

Two hundred and thirty-five million dollars will thus have to be expended on 12,200 miles of State and county roads, to say nothing of the cost of maintenance and renewal of these roads, in addition to the cost of maintaining about 33,000 miles of local or district roads.

From these staggering figures, it is apparent that the question of paving our State highway system should be approached with caution. If the counties of eastern Oregon are to contribute toward a paving program in western Oregon, it is but natural that such counties insist on paving for eastern Oregon. Are we ready for such a program?

By thus presenting the problem from the standpoint of the State as a whole, we are better able to appreciate the problem and adjust our road policies to meet conditions as we find them. The present condition of these State routes is thus an important factor in deciding upon policies for the future.

PRESENT CONDITION OF PROPOSED STATE ROUTES

The Pacific Highway from Portland to the California line is approximately 350 miles in length. About twenty-six miles of this distance is paved. A much larger mileage is surfaced with crushed rock or gravel, some of which is well maintained. A considerable distance is without any surfacing and is pass