Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1869-01-09
Y, NORTHUMBERLAND COUNTY, PENN'A.
OLD SERIES, VOL. 90, NO. 10.

DUTY OF RoAD SuPERvIsoRs- What Con.
stttWtcs Il Good Road The following recent
decision in u judicial district of this State,
where a supervisor was indicted for neglect.
ing to keep the public roads in good order.
Will commend itself to the common sense of
the community everywhere. The judges
charge of what is to be considered legal
road, and what are the duties of supervisors
has not been so well delivered before. or un-
dcrstood. An understanding of what the
law Is has long been wanting; and if
the roads are not hereafter kept sin good
repair and free from obstructions," the fault
will I've with the citizens The Judge speaks
of the duties of supervisors, as follows
1t is the business OF the supervisors of the
public highways to keep the roads in their
respective townships in good order for use
to have all new roads properly construct.
ed and old ones carefully repaired They
are not vested With authority TO Judge how
much space the travel in particular place
requires, nor how poor o. indifferent road
will answer its purpose. To the full extent
that .he ground has been appropriated to
the public use, 10y the law, it must he open.
ed, the entire space constructed into good
and convenient highway, and be thereafter
continually kept in such condition. TO re-
move the fences and throw the ground open
or, in addition, to plow a ditch on either
side, is not to construct q road within the
meaning of the law. The ground must be
made reasonable smooth, freed from OBJ
structions, and put in such shape that the
water will drain off to the side, leaving the
roadway dry and solid
Where the width is fixed at thirty-fve feet
(ss is usuaD, or at any other limit, it is be-
cause the court, aided by the report of a
jury, has determined :hat this space is ne
cessary. And whether this determination
he wise or not the supervisors cannot con.
slider. Their duty is simply to obey the or
der of the Court and the Act OF Assent bly,
to open the road to the entire extent, and
keep it thereafter free from distractions and
in good repair. If it is not needed to nc
commodate 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 ms it remains upon the records as a
public highway it must be kept in good
order for use. If any part of it be obstruct.
ed ny fences, rocks Chat can be removed),
holes, or the like, such obstruction consti
tutes nuisance and renders the supervi-
sors liable to indictment. And in case of
injury to any one, in person or property, from
this cause: the supervisors are liable in dam
ages to the full extent of the loss thus sus.
tanned. And it may be well that the people
of the townships should understand that
they, too, are responsible in their corporate
capacity. for such loss. The supervisors are
their agents, and their safety in this respect
requires that they should elect suitable men
to the office, and see that they perform their
duty. The subject is one of deep interest
to the public. No intelligent person can
fail to appreciate the advantage of good
roads, nor to see that What is saved by with
holding the means necessary to have them,
is poor compensation indeed for the wear
aud tear of teams and vehicles, to say no.
thing of the inconvenience. delay, vexation
and danger of travelling on bad ones.