Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1868-12-09
What Constitutes a Good Road.
From tho prartic,I Earp,ar

uiCldi ulstTict, WHERE supervisor was lHulc
ted for neglect to keep the roads in good
travelling order, will commend itsclfto the
common sense OF the community everywhere.
Judge Buffers charge of what is to be le
gal road, and what are the duties of Super
visors, has not been so well delivered before.
or understood. A mutual understanding Of
what the law is has long been wanting; and
if roads are not hereafter kept in good re-
pair and free from Instructions, the fault
will be with the citizens.
The defendant supervisor in Darby
township, is indicted for neglect to perform
the duties of his office. 1t is the business
ofthe supervisors of the public highways TO
keep the roads in their respective townships
in good order for use-to have all new roads
properly constructed and old ones carefully
repaired. They are not vested with author
lty to judge how much space the ira el in
a particular place requires, nor how poor Or
Indifferent road will answer its purpose
To the full extent that the ground has been
Appropriated to the public use, by the law.
it must be opened, the entire space construc-
ted into a good and convenient highway, anu
be thereafter CONTINUALLY kept in such CON
dilipn. To remove the fences and throw
the ground opener, in addition, to plough
ditch on either side, is not To construct u
road within the meaning of the law The
ground must be ma,le reasonably smooth
freed from distractions, aud put in such
shape that the water will drain off TO the
side, leaving the roadway dry and lid
Where the width is fixed at thirty three
feet las is usual or at any other limit. it j.,
because the Court. aided by the report of IA
jury, has determined that this space is nee
essary. Aud whether this determination
be wise or not the supervisors cannot con>id-
er. Their duty is simply to obey the order
of the Court and the Act of Assembly, tn
open the road TO the entire extent, and keep
it thereafter fee from on,tructions aud in
good rel air. If it is not needed to accom-
modate the travel, care should be taken
that the Court Is properly informed and the
road not established: or if it has already
been established, that it be vacated. But
so long as 1t remains upon the records "a
pablo highway it must be kept in good or
der for use. Ifany part of it be obstrt cted
by fences, stumpS rocks THAT can he reno
vee), holes, or the like, such ob>truction~
constitutes a nuisance and renders he super
visors liable to Indictment And in case Uf
injury to one, in person or property. from
n .auca ha ara furt bar Ha-
BILE in damages to the tul extent Of the loss
thus sustained. And it may be well hat
the people of the townships should under
stand that they, too, are responsible in their
corporate capacity, for such loss. The SUI
pervisors are their agents, and their safety
in this respect requires that they shoulj
elect suitable men to the office, and see that
they perform their duty. The subject is
one Of deep interest to the public. No in
telligent person can fail to appreciate the ad
slved by Withholding the means necessary
to have them, is poor compensation indeed
for the wear and tear of teams and vehi-
cles, to say nothing OF the Inconvenience, de
bad ones. In the case before us it appears
that Dad was laid out in Darby township,
some years ago, forty feet in wid tb-that he
fences were removed, and some places ditch
es made at the sides-that the timber grow
ing upon it Ia part of the di lance being
through woodland, was cut dowu-that no
roadbed was formed the uneven face OF The
ground being left a. 1t was found, and on
which the rain water lay a. it ieil-that the
stumps of the trees cut amounted to several
hundreds, and being one 10 two and IA hall
feet high, were allowed To remain, that two
large ,ogs lay in the road, that IA consider
able part of the space between the
fences has, at some points, until very recent
feet high, and that the travel has been main
ly conf ned for considerable distance to Il
single track The defendant has been in of
flee upward of one year Yon will say
whether h has perfpfn.l his duty in re
spect to this road. II he has not. he should
he convicted Ii has been asserted on the
trial that this rpal Is in N VAS, cpn lition
than other roads, elsewhere IN the country
If this be true it furnishes no excuse for
the defendant. though i, may furni-h roas
on why other supervisors should also be
brought TO trial and punished. You will
now take the case and say whether the de
fendant is guilty or not.
The jury rendered "a verdict of gnilty, and
a 6ue was Imposed.
SECOND MARRIAGE Some one says that
nobody enters second marriage with the
sane reverence or carnestneSs, with which
he contracted the first. He is older aud
colder; familiarity with the estate has bred