County Roads – Private Legislative Acts
Published for the Quarterly County Court by the County Technical Assistance Service, University of Tennessee Institute for Public Service, Nashville, TN, 1976. Transcribed by Billie McNamara in 1996. A current, digital version of this information is available on-line.
Contents of Private Acts:
Historic Roads
Other legislative acts addressed major roads in East Tennessee, especially those laid out prior to statehood. Several of those roads — most notably the Knoxville-Abingdon Road — crossed through Hawkins County as it existed through time. The acts abstracted here are some of the important measures that affected local roads in present-day Hawkins County.
Acts of 1807, Chapter 32: Authorized William Cocke to open a road from the plantation on which Wright Bond now lives, passing by Cocke’s iron works on Poor Valley Creek and up to the house where William Henderson formerly lived, near Clinch River in Hawkins County. The road must be 20 feet wide, with fourteen feet from center being clear at all times. The Quarterly Court of Hawkins County shall appoint a Commission to assess damages done, if any, to view the road at periodic intervals, and, if satisfied of its condition, grant Cocke a license to operate it as a turnpike.
Acts of 1821, Chapter 6: Required the Quarterly Courts of the respective counties to classify county roads and to index them. There were three classes of roads, determined primarily by their width and open condition, ranging from stage roads down to one wide enough to pass two horsemen on the way to mill or market. Penalties were provided, probably for the first time, for obstructing roads and for failing to abide by the terms of this law.
Acts of 1826, Chapter 149: Stated that all persons crossing the bridge built by Frederick A. Ross across the North Fork of the Holston River shall enter and pass to the right, not carry fire upon the bridge, or drive or ride faster than a walk. Anyone doing these things illegally shall forfeit $5.00 to Ross, which fine he may recover before any Justice of the Peace. The owner was given the duty to keep a printed copy of this posted in some conspicuous place at each end of the bridge.
Acts of 1829, Chapter 303: Declared the old road, known as the Ford Road, near Frederick A. Ross’ bridge in Hawkins County, a public road of the second class. The Quarterly Courts of Hawkins and Sullivan Counties shall appoint overseers and assign them enough road hands to keep the road in good repair. If the road stays out of repair for over 15 days at one time, the overseers shall be subject to indictment and fine, which may be recovered in the same manner as are other penalties.
Acts of 1831, Chapter 138: Stated that it shall be the duty of the Solicitor General of the First and Second Solicitorial Districts to give in charge to the Grand Jury at each and every County and Circuit Court term of Hawkins and Sullivan Counties to inquire if observers have been, and are, regularly appointed for the Ford Road near Frederick A. Ross’ bridge in the said County. This road is again declared to be a road of the second class.
Acts of 1837-38, Chapter 45: Appointed Gabriel McGraw, of Hawkins County; Nelson A. Senter, of Grainger County; and William Graham, of Claiborne County; as Commissioners of the Bean’s Station Turnpike. All would report to the Quarterly Court of Grainger County. All wagons and drivers, who were hauling salt, were relieved from payment of any toll on the said road.
Acts of 1851-52, Chapter 191, Section 20: Declared that all sections of this Act, which applied to Lawrence, Maury, Williamson, and Davidson Counties, shall also hereafter apply to Jefferson, Greene, Hawkins, Washington, Carter, Sullivan, Grainger and Warren Counties. This Act was the authority for the Counties named to subscribe to the stock of any Railroad chartered to run through their counties in any amount they considered expedient. The Courts could issue bonds of the County in payment of the stock subscribed in whatever manner and amount the Court should decide.
Acts of 1866-67, Chapter 27, Section 4: Amended an Act concerning the Sneedsville Turnpike Company so as to authorize the counties of Hancock and Hawkins to take stock in the said Turnpike Company, and when the Commissioners herein appointed perceive that a sufficient amount of stock has been subscribed in the said Company, the construction of the turnpike may begin.
Acts of 1867-68, Chapter 101, Section 8: Appointed John D. Brooks and John Curry as additional Commissioners for the Sneedsville and Rogersville Turnpike Company. Section 15 of this same Act appropriated to the Sneedsville and Rogersville Turnpike Company $10,000.00 in the stock of the State of Tennessee, bought in the East Tennessee and Georgia Railroad Company, subject to the same liens and conditions as other similar.
Acts of 1869-70, Chapter 18, Section 11: Numbered A. L. Rogers and William Green, both of Hawkins County, among the original incorporators of the Mulberry Gap and Rogersville Turnpike Company, which was to run from Mulberry Gap in Hancock County to Rogersville in Hawkins County by way of the Big War Gap.
Acts of 1901, Chapter 136: Was a general state road law applied to all counties under 70,000 in population as counted in the 1900 Federal Census. The County Court of each county would elect one Road Commissioner from each of the Civil Districts of the County to serve for two years, all of whom would be sworn and bonded and subject to penalties for willful neglect or misconduct. The County Courts would set the number of days from 5 to 8 for each male resident outside of a city to work on the roads, or pay a commutation fee. A special road tax of two cents per $100.00 for each day of compulsory labor the Court set each year was allowed to be levied, two-thirds of which could also be worked out. The Commissioners would name the overseers in their respective districts who would be in immediate charge of the roads to be worked. Prisoners could be worked under certain conditions and arrangements. Roads must be classified and indexed, and built to meet the general specifications contained in the Act. Petitions to open, close, or change roads were to be disposed of by the Commission to whom the power of eminent domain was given to be exercised. Commissioners would be paid at the same rate as Justices of the Peace. This Act was part of the litigation in Carroll v. Griffith (1906), 117 Tenn. 500, 97 SW 66.