The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-01-04

law lS matter OF CnOlCC HUb VI uuty. |
Where such teaching will eni, what Its |
natural tendency IS? may furnish them
food for reflection. Then, secondly, II Is
the duty of the police force to put stop |
We hear great deal said about
the enforcement of law, that they must be
enforced at all hazards. We read of ar
rests for violations of.particular laws. made
without complaint and warrant, and the
police have the legal right to make such
arrests-but why do they not display the
same zeal in these cases? Do they wish 10
force the community TO believe that the
amount of fees determines what laws they
will voluntarily, without complaint made,
enforce We trust not, but what Is the
natural conclusion?
The other class, TO which we have re-
ferred. consists Of those who have been in
jured by these sliding propensitles, in.
duged In in spite of the law and everything
else save their own sweet wills and, per-
haps, that of their parents. They must
feel personal interest in having the law
enforced, which they Gun do by commenc-
ing a prosecution themselves or making
a complaint TO one of the trustees. With
out such complaint, the trustees are not
bound TO act any more than are oil other
good citizens With such complaint they
are obliged TO prosecute. 1t may be that
an mi lrcd person may not think it worth
his while TO prosecute the boy or boys who
do the mischief. 1t may be there is a bet
ter and surcr way Of obtaining satisfac-
ton and, at the same time, due enforce
meI, of the law. II may be, we will not
say that it is SO, that an action at law could
be maintained against the boys whose
wrongful acts caused the accident or, per-
haps, against the parents, with whose
knowledge aud consent, public streets were
converted into coasting places. 1t may be
that they may conclude to take still
another course. They may conclude that
the surest way to arouse public attention
will be by touching the pockets Of the tax
payers. Men may regard minor prohibi
tory laws of little worth, but touch tina,
sensitive spot, the pocket, and they will
see to it that all laws whose violation may
conflict with their pecuniary interest are
strictly enforced. Cannot these persons,
so injured, maintain IN action at law
against the village or town and recover pc
cuniaIy damages from one or The other !!
Does it make any difference 10 the tax
payer which corporation is legally liable, If
either are The difference in the addi-
tional tax to the property owner in the VII
lagc would be slight whether tue town or
village was mulctcd in damages. The
resident of the village would be a tax payer
in either case. We ask whether the town,
| or village, is not SO liable We ask
" ithout answering, because the answer
must come from those learned in the law.
The question, however, is suggestive.
There may be question about it. or there
may not. Ono thing is sure our streets and
sidewalks arc public highways; and for
all accidents happening flom the INSULT
cheney thereof, the law provides a pccu-
mary responsibility. If insufficient means
"unsafe" or ''insecurc' for ordinary travel,
then does this 'coastirg" render the high.
way insufficient, and either the town or
village is liable. If insufficient does moi
imply and include unsafe and insecure,
what does it mean 1t is the duty OF
some one and that "some one" either the
town or yillagc-to keep the highways in
repair and sufficient for ordinary travel
If through open, known violations of the
law, the highways are rendered dangerous
unsafe and insecure for ordinary travel
both to those afoot and those with teams
are the highways kept in repair. are they
sufficient ? 1t is of no consequence now
that men fall and break their ribs, arms
legs, or, even, necks, but will it not be
when every person, receiving an injury
from the cause stated, shall hold the town
or village to a strict pecuniary response
bilty thcrefor-if, so be it, they are so re
sponsible? We opine that il would take
but few prosecutions of the boys, or few
suits at law against these boys or their pa
rents, or very few civil proceedings agains
the town or village, to make our streets
less dangerous, TO whisk the "sleds, sleigh
or other vehicles" out of sight, and t.
make us all great sticklers for the enforce
ment of this particular law. Perhaps it i
wise to await the happening of one or al
of these con.ingencies-perhaps it is of nj
consequence. Time will tell.