Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1870-06-02
From Western Rural.
P0semrsasg the Highways,

During several months past the
columns Of the Western Rural have
contained many interesting articles
on the above subject. Much m re
might. and perhaps will be added;
aud still, on this subject, as we'll as
almost all others, the world will diff
ter IN opinion. Most that has been
said has been upon the question Of
expcdiency, while the real rights OF
parties have received less attention.
| propose to offer a few touching the
rights OF parties. Let us so to the
foundation.
One OF the s'inalienable rights OF
man. under this and all other civil
lied governments, is 1.-THE right OF
property"-thc right to purchase q
piece of land or other property. pay
Ing tor the same valuable consider
alton. and thereby making it our
own. When SO purchased and held,
we have a right to exercise our
American Independence over it, to
control, usc,. sell, or swap it away
while living, or to transfer its indis-
puted title to our posterity, by "last
will and testament when We die.
Private property is sometimes ia
ken tor public necessity, and under
the most guarded restrictions. The
constitution OF our country expressly
declares that private property shall
not be taken tor public use without
adequate compensation" and we be-
Ileve this same principle has been en-
grated into the local law OF every
State and Territory i'll our country's
wide domain. The necessity Tor
public highways has caused one OF
the most frequent practices OF ia
king private property tor public use,
but It is evident that many of the
writer's of the Western Rural great
~ misapprehend the extent Of this
taking Of private property TO- pub.
lie use.'
The truth ought to be universally
understood, that when highway is
laid out along or across mans land,
the public does not thereby acquire
the right of soil, but simply the
fright Of use" The ownership Of
the land is still vested in the origini.
nal owners, aud liable 20 be sold or
conveyed by him just the same as it
no road existed, and should the road
be removed or discontinued altogeth-
er, he is entitled to inclose aud cult
vatc it, or to cultivate it without in
closing, just tn. same a. il no road
ever existed. And while the road
still exists the owner has q perfect
right to use and control all timber,
stone, gravel, or other material per.
tanning TO the freehold, and not nee.
essary to the public use Of the road,
the Same as it the road had never
been established. In Ike manner il
lie entitled 10 the grass that grows
upon his land within the limits of the
highway. Nay, more; he might, il
lie chose, 60 further; he might. if he
chose, pillow up the ground and plant
it to potatoes, beans, or other crops
or make strawberry beds along the
wayside, provided that in so doing
he did not impede the public travel
and any individual who andcr pre-.
tense Of exercising his constitutions
or legal right TO travel the highway
should williully or wantonly injur<
OF destoy those crops, would he Iia
BILE to their owners in legal actor
Tor damages. Such are the principle,
Of the ''Common Law" and such ar.
the principles OF justice. Any per
son who covets the privilege Of pas
turing his neighbours highway, de
sires that which neither the govern
mcnt Of the United States nor Of any
State in the American Union has tn,
power to grant, tor it would be .
private use, aud not public one; -ant
there exists no legal or constitution
al powers to compel one man to yielt
up his private property tor the pr
vato use Of anyOther person living