The Arkansas advocate., 1833-02-13

in t!ie law, in ;ioso words-ssthe lay.np out of all roads, bridges and highways, aud di- seci'on of tic repairs and cnoiostaf | of tal.s same when It may appear necessary, in ooi,iofiiitiy wit, iie jaws of this ierrito- ". tacts of Is29, ?. l4.l Thore is no statute giving the Conrt other or further authority on this subject matter. The Fope and Rorer ruad was by the County court declared public road. .'' give the words Of the records. Did they then lay out, or direct the repair or enclosure of tila road If they did net, they nsnrped authority and exercised a jurisdiction which by law they had not
 <. 1T It can be, by possibility, that de- claring road lalready laid ont and made) pnhiic road, E 'slaying onto that read, stlil the difficulty is not removed. The County Court must Hay out roads, asc. in Conformity with the laws of tis 'ferrito- y hey cannot lay out any road at the same term IL is prayed for,unless they can nuiify the laws. He statute which re. 't,. guiates proceedings in common cases i@ nnd Tn Geyer's digest, page :s53. lie
 2 can't understand it deserves to he pit
 d imbeeility. It requires petition b presented to tho Court, signed by ei or,aore house holders, inhabitants . the county, praying for the establish sises.s s's p,,siie roaii. - If the petition ahaii appear reasonable, what is tie Court to do? To declare 1t pubic road foyth- aoah, without the delay of day or an honr The Court seem to have so under stood the lag in making this declaration. hey diti at tise saune term and on tilc same day that the Pope and Roror road was prayed for declare that road pubic road. 1 eIhaps tine Governor, his olfic ard row- CT, and the Sao,GOD were sufficient to null iiiy the law Perhaps Tn the estimation ot the Justices, they supplied the place of commissioners oaths, viewing and mark Ing, the making of return of the laying out tho road 10 the nert Conrt' by the comiaissionefs, and the publication, by putting up a tfanscript ofthe petition and Fetu,7t at the eonrtIou door hy the clerk All ihese steps arc reauirad ;n common cases But that was tiogernor case. When tic Governor and Ashley wans road, the ordinary course of pro- ceeding E abolished, the law is n:l!liiod aud time anfihilated They begin and end Tn day what ordinary mortals are compelled by law 10 take three months in accomplishing. I'fsc wi.oie train of com snissioFers, oatis, viewing and marking, returns to tse nert CoHgf, and pnhiicatiop, IS strided over or swept down as superfu- ons matter Ill tho etatutc, and the Court Jump to q coaclnsion without regard to the modo or tho tine required. rAese
 Justices were deceived and beeuilea (rx. ccpt onc.) l e;o. not impeaell their mo- 1 tiyes or intentions. But tl,ey should be- ware how thoy arc led into-stlch another dance, by suffering themselves 10 De act ed upon.
 ,. Ny third objection to ths declaration IS that It IS an act of Legislation. If it had been done by the Lcg4saturo, 10 man would doubt that 1t as legislative. lis just such an set as tho Legislature did l when they enacted these words: All the roads Tn the seyera! counties in this Terri tory that have been laid out by the order Of any Court, G-c. are hereby declared to Do puoic roads, Geyer's digest, page 5,7.}. have seen and heard tho dcLiara- ton Of oiir national independence have seen dcciaratory Legislation. have heard Of the declarations of deiiberative bodies, and Of ndiyid,lals. But, sir. tl,e declarations of Courts and declaratory ad- : Jutications, present an unknown and un- natural idea to my mind. It tisancy fam gled and monstrous usurpstion. The County Court has no right to legislate or make declarations They have been led
 into error and should rctrace. their steps at he earliest opportunity. Ashley and
 the Governor should be censured for their deceptions.
 1 Mir. Editor, l have now accomplisbcs
 my design. I have narrated plain facis
 and stat4 plain arguments in plain lan- guags have not sought or desired the ornaments Of style or the graces of fine writing. My solo object has been to use such language as the plainest man can un- derstand Factsand fair arguments have
 been tue basis of my coinmunicaiions.--
 W hen any of my positions are inn pug ned in
 fair and candid manner, and with force that requires repsAiipg, l shall feel bound
 10 reply. J sl,aH leave the rocking coro- nal inat nay be won by hiilingsgate and
 black guardian to adorn tie brows of those ie~5ho achieve great things therein, without envy or regret. I shall never Gsis in puddle hole to catch cvaw fish. Have I always stepped oyer every nauseous little hcan that chancod in my path. having an innate aversion to stcnch. l s!lau con time 10 do so.
 1 And now, sir. that the facts and concom- :tasts cs :.s.;$ read cFaf.. na naa action are before the public, shall cheer
 fully abide the judgment of my fellow dit izons.
 Respectfully, yours, &c.
 O. " HOWELL.
 Ldiie Rock. f'ed. 9iA, 1888. sss .Ss
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