ART. 91. ] SURVEYOR AND STATE SURVEY. 253

forfeit the said contract. The said check shall be taken and

-considered as liquidated damages, and not a penalty, for fail-
ure of said bidder to execute said contract and bond. Upon
the execution of said contract and bond by a successful bidder
his check shall be returned to him. The amount of said check

-shall be five hundred dollars. The checks of the unsuccessful
bidders shall be returned to them after opening the bids. and
. awarding the contract to the successful bidder; provided, how-
ever, that said commission, with the consent of a majority of
all its members, may itself do any part or parts of any such
work under such conditions in every respect as it may prescribe,
by day labor, whenever the chief engineer, in writing, shall
recommend that course.

32E. That said commission shall keep all State highways
reasonably clear of brush and maintain same in good condi-
tion; shall cause suitable shade trees to be planted thereon,
if practicable, and may establish and maintain watering
troughs upon said highways. No opening shall be made in any
such highway, nor shall any structure be placed thereon, nor
shall any structure which has been placed thereon be changed
or renewed, except in accordance with a permit from the com-
mission, which shall exercise complete control over such high-
ways, except as herein otherwise provided. No State highway
shall be dug up for laying or placing pipes, sewers, poles,
wires or railways, or for other purposes, and no trees shall be
planted or removed or obstruction placed thereon without the
written permit of the State Roads Commission, or its duly
authorized agent, and then only in accordance with the regu-
lations of said commission; and the work shall be done under
the supervision and to the satisfaction of said commission; and
the entire expense of replacing the highway in as good condi-
tion as before shall be paid by the persons to whom the permit
was given or by whom the work was done; provided, however,
that no electric railway company in operation upon any public
or private road or existing or abandoned turnpike when ac-
quired hereunder shall be disturbed in its operation or in the
maintenance of its roadbed and overhead construction and all
necessary repairs, together with the maintenance of the space
between its tracks and two feet on each side thereof shall be
performed by such railroad company under the supervision
and to the satisfaction of said commission. Said commission
may give suitable names to the State highways and may change
the name of any highway which becomes a part of a State high-
way. They shall erect suitable guide posts at convenient points
: along State highways.