Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1882-10-25
The Highways Again.

Suggestions about the highways and ex-
pressions of disspproval Of the Judevine law
multiply. The complaints against the con-
dition of the highways are met by the sup
porters of the law with the question, " III the
roads are in the conditirr represented, why
don't we hear of more accidents 2" The
manner in which this question is put seems
to show that it is considered sockdolager,
a question that admits of no answer and is a
conclusive argument against the complain
ants. Leaving out Of the case the question
of fact involved it only amounts to this
that man by driving slowly and picking
his way carefully over road that is uneven
or full of mudholes, quilted or INSTRUCTED by
cobble-stones and rocks may get along with
out loss of life or damage to limb or prop
erty but If it takes two hours to trav-
erse distance that should be made in one by
easy but unimpeded driving, and If by reason
of poor roads a team can haul less than a
full load, loss is thereby inflicted upon the
users Of the roads which is as real as if they
had suffered the smashing of vehicle by
collision with a rock or the loss of horse by
the imperfection of bridge or a rotten
sluiceway Travellers are entitled to roads
over which they may drive with reasonable
despatch without imminent peril to life,
limb or property to bridges which they may
cross without the necessity of hauling up
and gingerly threading their way across
- s Nho, ,rxht
to dodge holes or broken or rotten planks.
As matter of fact, accidents do happen.
In neighboring town during the past sum-
mer man and wife were thrown down an
unguarded embankment by no fault of the
parties, and the man was killed. Vermont
is not so rich in people, the census shows,
that she can afford to use her highways as
man-traps, to relieve the state of an incon-
venient surplusage of population A life
represents so much capital, and the killing
or manning of man, woman or child is the
loss to the state of so much productive ca
pacity, in the lowest and meanest aspect in
which such disaster can be viewed. The
state can better afford, looking at the ques-
ton only in its base pecuniary light, to put
guards at every dangerous place in the high
ways Of any town than that the loss of one
good man in that town should be the result
of the neglect of such reasonable precau-
ton. 1t is not claimed, as is cautiously
asked, that the accident in question was
clearly due to the Judevine law. Had the
old law been in force, a rail might and it |
might not have been put up at the place in
question. If the legislature had abolished |
the penalty for horse-stealing and this mans
horse had been stolen, it might be difficult
to prove that the abolition of the penalty
was the cause of the offense, but there would
be reasonable connection between the deed
and the fact of the repeal of the penalty.
The effect of the abolition of a penalty is to
increase crime, and the tendency of the re-
peal of the liability for damages section of
the road-laws is just as undeniably to make
towns both careless and negligent and to
lead them to expose travellers to unreason-
able hazard. The inhiction of penalty is
exemplary and salutary in its effect. The
oooOhOo VI ouNh oPui icduo W
ence, and indifference leads to obtuseness.
1t does not appear that the theory of placing
towns upon their honor in this matter of
care for the highways is well grounded. 1t
is doubtful if the fatal disaster in Cabot
has had the effect to induce the town in
question or any other ION their honor
to put up rod of guard rails. Corpo-
rations have no souls }" and towns as a class
are no exception to corporations in general.
The community at large has more conf
dence in line or two of good wholesome
law than in the "honor of all the towns
put together. Whatever exceptional in
stances may be adduced to prove that trav-
elers may rely upon the pride and public
spirit of selectmen and surveyors, they who
believe in it lean on broken reed. With
out penalty, without heavy responsibility
placed somewhere, towns as whole will
not take proper care of their highways, no
more than will any law without the require
ment of bonds or the imposition of penalties
be permanently and generally respected and
obeyed