Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1882-09-13
The Other Side.

CoRlNTH, W., september z, 1857.
| Mr. Editor There have been many articles in
the papers concerning the Judevine bill, So called
| and, SO far as have seen, all one side but
| this question, like most Others has two sides
worth considering II reports are true, the work.
| ing OF that law has not been for the good of the
highways in some instances, though | be-
| lieve the authorities Of this town have been as
faithful in performing their duties in that re-
| spect as ever when the damage law was in full
| force, and there is no such general condition of
| roads in this county as the Bradford Opinion man
| described in the article you copied. Probably
| all will agree that person actually sustaining
damage upon the highway without fault OF his
own, by the fault OF those having the highway in
charge, should OF right receive pay for the same,
| and there should be some incentive to prompt
surveyors and selectmen to the faithful dis
charge of their duties; but in the past experience
| OF this county believe 1t is not too much to say
that for every dollar paid in settlement of just
| claims 500 has been paid for bogus claims and
| litigation. There thieves even in Vermont.
| Some of them commit burglaries and some high
| way robbelies, while others steal fat sheep and
poultry. Then there IL a meaner way Of stealing
available to those who too timid and too lazy
| to practice the ways | have named, which il by
bringing false claims and suits Until two years
ago there was no other so easy, sure and speedy
way for this class to fill their wallets up to fat
ness as by tackling some town on a damage
suit. These men have gang around them by
whom they can prove anything they wish without
regard to facts. There many men who have
an to grind, either in court in politics, or else
where, that this class of cases are almost uni
yersally decided in favor of the plaintiff ndvd-
ual whatever the facts may be This county has
been afflicted with one resident land know not
how many more) who made it a part of his regn
lar business to travel bad and unfrequented
roads and collect money for alleged damages,
and in one case known to the writer, evidence
which came to light after he received his money
proved his claim to be wholly false. So universal
and notorious have been the decisions OF courts in
favor Of plaintiffs that in many cases selectmen
have made settlements they knew to be unjust,
simply as the easiest and cheapest way to get rid
of a bad customer
The Judevine bill has been branded as piece of
stupidity OF the last legislature, but similar bill
would have passed four years ago had 1t not been
strenuously opposed by the lawyers who occupied
so many seats ard were personally interested in
the profits of the old law. They well knew that
no other client could pay such fees for little
knowledge of law and good deal OF knowledge
of the evasion and perversion of law rs the man
who is to receive $500 for 50 damage. What
does the Opinion man think of such premiums
on perjury -?
The greatest fault is found with the present
law by the lawyers and their former clients who
see the hope OF their gains is cut off, and the
present condition OF the roads would be pro-
nounced excellent by them il they could see
possibility OF fat retaining fees In each piece of
bad road. | do not SAY the present law Is what
we need, but do say that a return to the old law
would let loose upon us a train of evils too great
and numerous to be borne.
Just let us consider what our roads must be to
ensure us against damage suits unde the old law.
To begin with, every rod of road in the state
must be wide and smooth enough for two teams
to pass each other at full speed, without danger
of collision or upsetting. II there is a point
where 1t fails Of this two Of the damage specu-
lators will plan to meet at that point and have
good smash-up. Then there must not be stone
loose or tight the size OF a mans fist above the
surface of the road In all the state; II there Is
for one hour, some foundered horse may fall upon
1t and the town have to pay for damage to the
valuable cri,ter for smashing nice buggy and no
end of damage TO Its occupants. Then every foot
of ground Joining the road that is low enough so
that a frightened horse running upon it can over
turn carriage must be separated from the road
by strong fence or railing,
In addition to all this no snowdrifts must be
allowed to obstruct travel on any road at any hour
OF the day or night through the winter. The YER
diets In scores Of cases show that all this must
be done TO make a town safe, and this IL only
part OF the work and expense either
In view Of all the facts on both sides of the
question, propose that we leave the next egisa-
ture to perfect a safe highway law instead OF in
structing them in advance to re-establish the old
law That is as bad as the children OF Israel
wishing themselves back in Egypt every time
they wished for change Of diet.
OLD HUNDRED.