Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1882-10-11
House BILL Number Two.


generally condemned the crude and sweep |
ing legislation of 1880 which repealed the
best features of the highway law Of the
state and enacted in its stead q measure |
which is marvel of bungling ineficiency. |
The means Of redress for damages were so
mythical that the state practically pro-
claimed to the citizen and to the stranger |
within its gates that, no.matter what the in
sufTciency of the highways might be, no
matter of what gross neglect or careessness
towns might be guilty, travellers should |
henceforth use the roads at their own risk
The enactment of this law, which, from its |
leading advocate in the last legislature, is
generally known as the Judevine highway |
bill, is now conceded to have been a mis-
take. The good results which were prom
ised under it have not only not been real
lied, but the highways, none too good un-
der the old law, have been going down
from bad to worse. The testimony Of men
who, like physicians, have occasion to use
the roads constantly at all times Of day and
night, and who traverse the country far and
wide, is decidedly unfavorable as TO the condi-
ton of the roads under the new as compared
with the old law. Correspondents of the pub
lie press in every county in the state have
added much conclusive testimony to the
great mass Of evidence that the Judevine
law is law to protect inefficiency in the care
of public roads, and that it offers the towns
a premium on poor roads. A correspondent
Of the Bradford Opinion says
"Under the old law we had as good road, as
a rule as could be wished; but what Is the effect
OF the law that the public must travel at
their own risk? On nearly all the bridges (ess
than eight feet SPAN plank are weak or broken,
hills quilted, stones are left where the frost
heaves them out in the spring or are washed
loose by rains, trees are blown across the roads
and ratings are missing. Highway surveyors
know nothing of the condition OF the roads, and
care less There can be but one reason for such
neglect, towns are not liable and are careless
whether the surveyors do their duty or not. The
only reason given for the repeal Of the old law
was that some towns had been made to suffer by
false claims brought by dishonest parties. 1t
would be just as good reasoning to close our
church doors, set fire to our institutions OF
learning because some few are still wicked and
uneducated Taxation implies protection, but
we are taxed to keep the road in repair and are
not protected. The principle OF the law is wrong
To which the Rutland Herald adds:
"On inquiry among our practical men in this
community we are assured that the experience of
this Orange county will stand for our Rutland
county roads. Weare told that the roads through
one of the most beautiful sections OF the county,
from Hubbardton to Brandon, are In an abomina-
BILE condition"
A Ripton correspondent of the Freeman
says
at is fact beyond question that the roads in
Ia In tlar Nhat,
have been for years. There appears TO be per-
feet lethargy or non-interest in regard to the
dition of our roads. Our highway surveyors say,
when reminded that the roads in their district are
unsafe to travel over, and the tax Is unworked,
The town is in no danger. The law protects them
from any bill OF damages. We have taken care
to plank the bridges that span eight feet The
selectmen get in under the protecting wing of the
law when their attention is called to some neg
lected roads, and they are quiet, only watching
the pulse Of the people to see If they are getting
the commissioner fever. II so, they rally just
little, enough to quiet the symptom-and then
we jog at the risk of our lives. Now, Mr..
Editor, hope yea, pray, that our coming leg
islators will strike from existence such mis-
ehieyous law to our highways and give us
law that will make our towns feel that they have
some responsibility in regard to the condition Of
our roads"
"Viator," in the Essex County Herald, says
I" Let the voters of the state candidy look the
matter over and see whether this law Is proving
beneficial to the community at large in providing
better roads at less expense, or is by the neglect
of towns in repairing their highways laying the
foundation for many accidents much discomfort
in travelling, and large expense in the future As
specimen Of the workings OF this law, we would
refer any one anxious for information to the high
way leading from Island Pond, through Morgan,
east of Seymour lake to Holland. A hard, bad
road and poorly repaired always, its condition
now is a disgrace to any civilized community"
These are samples from divers places in
the state of many complaints against the
law. That they are not mere captious criti
cisms, unreasonable fault-fndings, is shown
by the fact that the condition of the roads
has arrested the attention of one of the
most intelligent and impartial of the judges
of the supreme court. In his recent charge
to the Rutland grand jury Judge Veazey
said You may be called upon to indict
towns for not keeping their highways in re-
pair. If you are, trust that your acts will
show that there is still remedy for the
gross negligence which the condition of
many highways makes painfully plain to
the traveller"
Mr.. French of Underhil has promptly
responded to the popular demand for the
repeal or the radical modification of the law
of $50 by the introduction of house bill
No. 2, can act relating to the liability of
towns for the insuficiency of highways and
bridges" Mr.. French's bill substantially
restores the law relating to the liability of
towns as it stood in its latest amended form
before the passage of the Judevine bill, and
~ ha 4
in which is contained the clumsy machinery
of the new measure, which, from its very
uncouthness and from its unfitness for the
purpose intended, is practically imperative.
Mr.. French's bill may not be the best at
tainable remedy for the grievances COM
planned of but it is a prompt move in the
right direction, and if nothing better can be
devised it should become law. 1t is in
the hands of the general committee by
which the whole matter will be carefully
investigated, and from their incubations it
is hoped that good law, one that will alike
guard the rights of towns and travellers, will
| in due time be Matched out.
The inherent injustice of the Judevine
law and its unbusinesslike methods are &C.
knowledged even by men dissatisfied with
the old road law. No one pretends to de-
fend it on any principle of justice, or by
reason Of satisfaction with methods which
are virtually bar to all reasonable COM
plant and deprivation of all means Of just
redress. The old law was abused. Unscru-
pulous men had, it was alleged and conceded.
brought suit for damages and upon fraudu.
lent grounds obtained verdicts against towns.
The remedy employed was that of brute
force-a repeal of the law and the placing
of the many honest men and the few fraud