Louisiana capitolian., 1880-08-28
THE PUBLIC ROADS.


man has this to say upon the subject Of
public road work. 1t is timely, and
will perhaps settle the minds Of some
who are as yet undecided, if not Oh
stroperons:
"This is the season for working the
roads. The recent rains have made it
an easy task this year. Now, we say let
every man do his duty, Road Overseer
and all, ard if our public roads are not
made good. let the District Attorney
and the Court do their duty, for once
let us have good roads in ali parts of
the parish.
1--WE say make all persons subject to
road duty work.
''rhe law is plain and strong enough,
and we believe the Court will enforce it
strictly. A few days since we were in
formed that there are large number
of persons in this parish who never
have worked the roads refusing to do
so upon the ground that there is no
law to compel them to do 80. If such is
their plea, we say to them be not de-
ceivel. Listen to the Police Jury law
on that subject, and whosoever upon
such notice Chat is. the verbal notice
given by the Road Overseer) after one
days notification in writing, shall re-
fuse or neglect to perform road duty as
required, shall be subject to a fine of
not less than $40 nor more than $50, or
imprisonment in the parish Jail not less
than ten nor more than twenty days.
"Let each Road Overseer SEE that all
wise and stubborn persons receive this
notice in writing and then present the
matter to our District Attorney or Grand
Jury at our next term of Court.
ut has been decided by our Supreme
Court that the Police Jury has the right
to make laws in regard to working the
public roads. We quote one decision in
full, which is good and covers the
points:
"'The defendant was summoned to
work on the roads of St. Martin parish
and having refused, incurred a fine of
one dollar day for each day he failed
to obey the summons. The Overseer Of
the road sued him for four dollars, the
fine for as many days of delinquency.
The defendant pleaded a general denial
and the unconstitutonality of the tax
levied on him. and there was Judgment
in his favor. The Justice of the peace
has furnished written reasons for judg-
ment, which begin by properly reciting
that the action is for the recovery Of -,
for failing to work the road. or fine, fol
having refused to work the road, bu.
concludes by ruling that the Orlinan CT
of the Police Jury imposing fine leves
q tax, and is therefore unconstitntion
al.' '7'he Justice is IN error. Police Juriet
are authorized to pass all ordinances
relative to roads, and to impose sucf
fines and penalties to enforce them, a.
they may thiuk proper, and that these
fines may be enforced by ordinary pro
cess in the name Of the Police Jury.
"'The Police Jury of St. Martin passed
an ordinance requiring persons between
certain ayes to work on public road
and imposed fine of one dollar q da,
for each day Of failure to work wher
required The defendant iDcnrred th'
penalty imposed by the ordinance
after having been duly summoned ant
lie mnst pay for his dereliction of public
duty.
"One of our surest tests OF the civil]i
zation Of a country is the condition Q
| the Public roads, years ago, at the tel
mjnation of that period, when abl
bodied men we're needed elsewhere, thai
, at home, there was good reason for i'm
passible roads, but there is none now
why those who are Liable TO road duty
should be made to contribute part q
their time aud labor to relieving tn
country from the reproach Of bavln
highways, which are danger 10 Il,
traveller aud an obstruction to tLos
, who transport produce over then
, 1t is ordered, adjudged and decreed; tina
q the Judgment of the Justice of tl
Peace is avoided and reversed; and it
further decreed that there be judgmen
in favor Of the Parish Of St, Marti,
y against defendant, Palletur Delehoussy
for "a and all cost Of the lower court an
, this appeal 30th Auneal P 1902.
, AT the last jury term OF our Distrj'
E Court, Judge Herman sentenced deln
qnent road worker to the Parish Jail ft
y ten days and taxed hin the cost Of cour
and from his oral opinion delivered o
:, the occasion, we are satistA it woul
j., be an unsafe business to refuse to wor