The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1851-04-12
The Road LAW

Foi The benefit of those who have, or think they
have tho management Of the public highways, We
propose 10 give littls Of the law on the
subject, So that they will be able to understand
their business fully and act accordingly. We
copy the following from the Township Law, rs
amended which passed the last day Of The last Sss-
sion Of the Legislature, Feb. l7sh, aud went !aio
erect the Is, day Of April, 1851.
Article iii, sec ,, provides that there shall DO
chosen at the annual town meeting in each town,
three Commissioners Of Highways and as ma
ny Oyerseer. OF Highways as there are road dis
rilts in the town And Art xNii sec. l, says.
The Commissioners Of Highways IN The several
towns IN this state shsll kaye the cane AMI super
in.snIsnce OF highways aud bridges therein,
Aud the same srticle prescribes in detail al the
powers and duties Of the commissioners Of high
ways ami orer-eer-, giving them full and cu,.rs
soutrol of everything pertaining 10 pulls Toaas
in their respective towns.
Were ,hero u, oller Laws IN this subject lAerc
certainly wyu.l be NO trouble iyg those wLn are
thus entrusted oil, the management Of lie ruaas,
70 understand thgi, duty But in looking over
the laws passed at tie recent session, ai they ap-
pear pub..h in ,he Sail Register, We hud az
act, entitled. An &C, to amend chapter uenety.
three Of Revised Statutes, and TO locale certain
roads which also passed the last day Of the SEES.
session The :ssiseciioa Of his act read, as iy.-
lows:
b. il enacted &c That county surveyors may
iva
wthou, further Quahea;lou aud may ldn.ui'ter
the proper oath Of office to Other road ylswerS
who ma, be associated with then, OF Otherwise.
Road viewers may asses damages incident to the
LAYING out Of roads and report their SsseS,ment 10
the couaty courts Of the cUuaUes in which such
roads may he heated"
And section O. ofihl came act SAYS;
That the county courts % the several coun;ip,
Of a., state shall have the supervision and con
,.ol O.! all roads aud public highways wthin their
respective counties, whether such county be or.
gained under, or hy virtue OF tho Township Or
ganizuton Law or otherwise. aud slall b. 90
yegned by the several Laws Of llis stat, rcla;u.
to roads aud highways, prev uus and at the time
Of such organization, and all laws and part, u
laws, coming within the provisions Of his act, oy
Inconsistent thusewI,h Nc and lie same are here
Icy Iepra.et.'
Th, law takes cfTec. tie 18th day Of April
1851, and is Numerically opposed to road r,zu-
la,ion' IN the torn-hip law, taking them fron. the
towns and placing them into the co1.ty court
The question now i. which Of these law, should
be obtyed We believe it d, a principle OF law.
that where two a:,' conflict The one la,t approved
annuls the other Bu; in tbs case bo,h laws
were approved on the same day. Both were
passed during the rush Of business the Lac; night
Of The sc..on, and We Lave no doubt the Town
ship Law passed hr.i and, therefore MI tia, part
relating to roads AMI road districts T., is repeal
Cd by his net
lAsrei. however one defect in this las: Lar
The consi.,u::ln Of ,his state. AT; IT,! sec %
says And no private OF loca! law, which may be
passed by the genera! assembly shall embrace
more than one subject, anu Ia, shall be eEpres:-
cd in the tile" This law does no; fully come Up
20 this requirement. Its tile pg-poy!s to be TO
amend Chapter 0S, Tey. Stat, while Tie great
er part Of the &C; is strictly ola private and local
character, it also embraces number Of subjects
Which are no: expressed in the title; Wilde The
iirs, aud nineteenth sections are the only one.
which ARE Of public nature and which relate
10 tie chapter proposed to be amended liihess
two sections make this publ. act, then /, must
s,ard-if not, the law IS unconstitutional and fall,
TO The grouai.
Wsh0pe this question Will De Investigated b.
those who are better qualified than ourselves. i
/ i, Is matter o.; great Importance and should be
determined without delay. II the County Court
IS to superseda the Towns 30 the supervision and
control q all roads and Pub,ichshways the iac'
should be known so as to prevent Illegal proceed
ings on the par, Of the newly elected Comm.
.ionsrs Of Highway. and TO enable them TO rs'.l,
form the p-b..c service with becoming dignity