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ARTICLE 89B

ARTICLE 89B.

STATE ROADS.

	1. Head of Department of Public Works.	15-19. Expenditure of funds on county
	2. Appointments; removal; records; re-	roads, etc.
	port; by-laws; duties.	20. Reports to County Commissioners.
	3. Sale of lands or bridges no longer	21. Permit for laying pipes, placing poles,
	needed.	etc.
	4. Powers and duties of Commission;	22. Damaging new road bed; injury to
	condemnation; easements of United	materials or structures; removing
	Railways and Electric Company.	lights, etc.
	5. Condemnation where owner unknown.	23. Removing gravel, etc.
	6. Turnpikes; county roads.	24. Construction or acquisition of bridges
	7. Procedure for construction or repair;	to connect highways.
	bids.	25. Stone crushing plant.
	8. Highways to be kept in condition;
	names; distances and directions. 9. Commission to maintain certain	Grade Crossings.
	county roads; use of lateral road	26-30. Grade crossing elimination; dam-
	gasoline tax for debt service, mainte-	ages; grade crossing in Cumberland.
	nance or construction of roads;	31. Removing water or sewer pipes.
	Baltimore City's share.	32. Removal of telegraph, telephone, gas
	10-14. Payments to certain towns.	lines, etc.

The state highway between Annapolis and Baltimore City was named the Ritchie
Highway by ch. 336, Acts of 1937, in order to perpetuate his name as the Governor of
Maryland for fifteen years.

Ch. 380, 1937, directed the State Roads Commission to cancel the debit balances
against Calvert, Kent and Montgomery Counties.

Ch. 346, 1939, authorized the State Roads Commission to expend $40,000 from its
Maintenance and Reconstruction Fund for completing State Highway Planning Survey
and to accept any Federal funds available for this work.

Ch. 422, 1939, directed the State Roads Commission to allocate certain gasoline tax
funds in excess of amount estimated in State Budget to the several counties of the State.

Ch. 496, 1939, authorized the State Roads Commission to take over and maintain
certain bridges in Anne Arundel County.

For prohibition against driving live stock on improved highways, see art. 58, sec. 51,
et seq.

Certain acts relative to "State Road No. 1," referred to in deciding that an obstruction
of a highway is a common nuisance, and the remedy is by indictment and not by in-
junction unless plaintiff has suffered some special damage different in kind from that
experienced in common with others. When court will interfere by injunction. B. & O.
R. R. Co. v. Gilmor, 125 Md. 616.

While the courts have power to prevent commission from diverting funds appropriated
by legislature for one road to construction of another, to justify such action it would
have to be very clearly shown that the funds were being improperly used. Action of
commission upheld. Magruder v. State Roads Commission, 125 Md. 526.

The state roads commission is a quasi corporation: its powers and duties. For all
matters within scope of its duties and obligations commission may sue and is liable to
be sued. When state roads commission purchased Conowingo bridge under this section
it had power to sue for rental due by a telegraph company under a contract with bridge
company for stringing its wires, etc., along said bridge. State Roads Commission v.
Postal Tel. Co., 123 Md. 76.

A telegraph company which had been paying rental for use of Conowingo bridge
was not entitled to free use of such bridge because it was purchased by state roads
commission; commission may recover for use of bridge if state could. See notes to
art. 23, sec. 295. Postal Tel. Co. v. State Roads Commission, 127 Md. 245.

Power given by act 1910, ch. 217, to make contracts for construction of state roads,
carries with it implied power to complete construction in case of default of contractor,
without readvertising and without new bond, surety having assented. Provisions of
contract. Howard County v. Matthews, 146 Md. 555.