The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1882-01-25
THE ROAD LAW.

To the Editor of the Morristown Gazette:
Ina recent number of the GAZETTE
inquiry is made as to what are the LA
bilities and obligations of the officers
provided for the execution of the pro-
visions of the act of March 80, 1881, ito
regulate the working and laying out of
public roads" The time has now come
when these officers, to whom the State,
in the exercise of high governmental
power and prerogative, has committed
the administration of the money of the
people, and the direction of their
personal services, for the promotion of
a great public interest, should be requir-
ed to both fully understand, and dill
gently perform, the duties of their i'm
port trust. sa
1t is always q matter of some difficult
ty to put into practical operation new
scheme of political economy new
mode of establishing and maintaining a
great public interest, and to do which
some experience is required. For this
reason much Indulgence has been ex-'
tended to our road commissioners and
overseers during the first year, just
closed, of the operation of the new sys-
tenn. But now, in chcerfully submit
ting to a second call for labor and the
payment of road taxes, the exercise of
reasonable skill, sound judgment and
the utmost diligence will be required.
The statute arms these officers with
strong and ample powers 10 enforce
both the yielding of personal services,
and the payment of the tax provided
for, and secures to them a fair compen-
sation. The duties of their offices, and
the manner and mode of discharging
them, are all plainly specified. Expert
ence has shown that the sentiment. of
duty, andfhe sense of honor, dosnot in
variably impelto the discharge of Of
fetal duty; and hence to enforce this
some provision is made In relation to
all our public offices, executive, judicial
and legislative. Ournew road law con-
tains two of these sanctions, which arc
embodied in its thirty-fourth- section.
1t is provided IS follows: ia
1. That any oyerseer OF highway
commissioner who shall wilfully fail or
refuse to perform any Of the duties re-
CURED of him by this act, or who shall
show any par.iality or discrimination
In the exercise of his duties, shall for
felt and pay not more than twenty dol
lars for such ofTense, 10 be. recpgered
by any person suing therefor before any
Justice of the peace, and paid by the Of
ficer to the district clerk for the benefit
of the highways. -r.si -isis~rss55
2. And for continued nsgleet in keep
ing their highways in repair, any over
seer or commissioner may be- indicted
and prosecuted, and on conviction shall
be fined in sum not more than fifty
dollars, the district attorneD1tni be the
prosecutor, and the judges togive the
act in charge to the grand-jurfes; but il
will be good defense for the defend.
ant to show that the entire assessment
for labor and tax was applied in good
faith to such highway during the time
aforesaid. a
Pablo officers are also ipdictable at
common law for any cnlpable neglect
of duty injoined upon them by either
The common law, or q statute. This
principle has been applied to. school
commissioners and other public officers
in our own State.
But there Is SIM further liability Of
public officers, not acting II Judicial
capacity, at common law. and that is. to
damages, In civil action TO any one
who mas received d special injury, Such
officers are bound to exercise reasonable
skill and due diligence. and IN they fail
10 do 80, or omit to do a set which
their duty requires thcrn TODD, they are
liable in damages to the party conse-
quently injured in his person or proper
~. oa
And It il not much aside from the
matter In hand to here also state that
ferryman is common carrier, and la
bic AZ such for any loss that may ensue
from failure, or refusal, on his part,