Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-29
PUBLIC HIGHWAYS.

home demand.
PUBLIC HIGHWAYS.
Property-holdsrs and blsiness men IN
Tennessee can arily advance their private
interests SO much in any other way as by
improving the miserable roads Of the State.
The law enacted by the last Legislature
for the purpose is, in the main, wise, but
has defects which will probably defeat Its
execution in many counties. 1t is wise to
q have overseers and commissioners of high
WAYS, but very unwise to annex to their
duties such penalties and compensation as
the following:
s.r GAny of the said commissioners or ever
seers OF highways may be prosecuted by
Indictment, for any deficiency in the high
Ways within bis limits, oceasloned or con-
G. timed by his fault or neglect; and on
conviction thereof may be fined in any
sum not exceeding fifty dollars-the ALtor-
ney General to be the prosecutor in all
such cases.
"Esch of said commissioners ofhighways,
before entering upon the duties of his of
fee, shall, within twenty days, file his otfl-
cia oath, and give bond, with one or more
securities, TO the district, in the penal sum
of fac hundred dollars, to be approved by
the County Court Clerk, conditioned for
the faithful performance of the duties OF his
Office, ard the faithful disbursement OF all
moneys that M y come into bis hands by
virtue of his othc5.
ssSSid commissioners must require all
oyerseers of highways, before entering upon
the duties of their Office, to give bond, with
securities in such amount as they may
deem sufficient.
"The County Court Clerk shall indorse
his approval on such bonds, and shall file
the same in bis office, receiving the usual
fee in such cases.
"Each commissioner and Overseer OF
highways shall be exempt from road labor,
and receive one dollar per day each, for'ac-
tual service each day."
In large majority of the counties one
may hire eight hours work on roadin the
usual way that such labor is performed fol
fifty cents; so that commissioners and over
ssers are to receive dollar and half day
while in actual service. Will an intelligent
farmer render himself liable TO an 'indict
men," and give bond, with good security
to keep two or three miles of public high
way in repair, to the neglect, for the tim'
DSlUg, Ol lie ldTLul lOI GllC pabig
ton of dollar and fifty cents dayP W.
say that if be has good sense he will giV'
no such bond, Gor will he assume any sucl
responsibility. This is a case where re'
tape and excessive caution overdO wha
they undertake, and defeat good purpose
The funds handled by road commissioner
and overseers will be very small
and no bonds are needed. The.
IMPLY want of confidence in the people o
each precinct and county, which it is oil
duty to point out and condemn. The Law
says the "County Court shall appoint thre
commissioners in each district, whose dut
it shall be to repair highways and bridges il
their respective districts, and to cause th
building of bridges therein where the pub
lie interest or necessity required" Thi
appointment of road commissioners by
court is wrong in principle and will wor
badly in practice. The members of tn
court are as competent to select and az
point magistrates for the people as com
missioners of highways. In the State @
New York the people choose their owi
road commissions; and why not permit tn
voters Of Tennessee to do as much Til
greatest evils in the State lie half conceale
in an excess of legislation and in bad GOV
ernment. The law under consideration
full three times longer than it ought to b
for any public utility. The mind that CAV
existence TO it assumes what is not true
IotF t,oy 1o IF faoa n
county how TO make good roads in thei
district. Hence the law leaves nothing
the good sense Of the people, and next
nothing to the judgment OF the commi
sioners. In nine cases out OF ten II
people can select commissioners who are Z
competent to locate public roads for the
convenience as any surveyor If they nee
one they have sense enough to employ hin
but this law gives commissioners no discr
ton. IL assumes that they really kno
nothing, and must be driven Ike poor {
team by line, and give bonds in the pen
sum of $500 to walk straight by the lin
and that any crooked man may prosecu
their bond on plea of crookedness. Coz
roads can never be the outcome Of such di
trus' of the people, misplaced Assumption
and f,lly. In the matter of locating hig
ways, building bridges, and making {
neediul improvements, commissione
should have large discretionary power
They know the local wants of the comml
nifty in which they live, and its ability
pay any local tax, whether in labor or m
ney, better than any one writing a bill
become law can know. The virtue al
vision of the people are developed ar
elevated by exercise and trust. They a
depressed by all dstrust and despo:ia legi
atiGn.