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

Our Bradford correspondents letter in
this weeks Supplement is severe and just
though somewhat interrogatory arraignment
of the Judevine highway law. Mr.. Golden's
queries suggest their own answers and con-
cede the worst that has been charged against
the law. The selectmen have not done
their duty" have not looked after roads
and bridges of less than eight feet span be-
cause towns are released by the law from
all obligation and from all responsibility for
the consequences of neglect of duty. For
the same reason Surveyors have allowed
roads to remain impossible for weeks"
"have allowed small bridges with broken
planks to 60 unrepaired for weeks to the
danger of every traveller" have allowed
ratings to rot down and remain in that con-
dition for the last year" After reciting the
numerous and gross delinquencies Of town
officials, our CORE spondent asks, Has the
new law anything to do with negligent town
officials 2" Most certainly it has not, and
therein it is fatally defective as a means of
enforcing performance of duty. A statute
which provides no means to prevent care
less, easy-going, reckless, selfish or penu-
rious town officials from taking advantage
of its provisions "and allowing the roads
to become impossible by their neglect of
of duty " is mere travesty on law making.
Laws which did not provide penalties for
larceny, burglary, arson, horse stealing,
murder, and all other crimes, would be fa-
tally deficient in the means of preventing
the commission of offenses against those
laws. They would be encouragements to
crime. A law pretending to provide for
good and safe highways is equally faulty if
it does not somewhere lodge just RESPONSE
bility for neglect of the duties it imposes
upon town officials. The utter exclusion of
all responsibility, which is the feature of the
Judevine law that gives it any foothold in
the state, is direct and open encouragement
to selectmen and surveyors to let the roads
go to the bad, and the towns as whole
have not been slow to take the hint. The
insinuation of another correspondent that
the demand for the repeal of the Judevine
law comes largely from tie lawyers is
false. 1t is the people who have used the
roads the most and best know their real
condition who are most clamorous for ie-
peal. The proposition to fine selectmen
and surveyors, on complaint of the town
grand juror, for neglect to repair after notice
of an insuficiency" is puerile remedy.
The straining of complaints through grand
jurors is an effective bar to the levy of
fine. But if the fine were levied and paid
Ito the town, as bill now before the legis-
lature provides), this would be making poor
roads the source of revenue to the towns. Sc
lectmen or surveyors might also find it more
profitable to incur the risk of fine than leave
some pressing personal matter to attend to
the roads. Under the fning system there is
not only no assurance that the roads will be
properly cared for but no provision is made
for the honest man who suffers damage to
life, limb or property on badly kept roads.
A five or ten dollar fine assessed against a
selectman or highway surveyor is poor con-
ISOLATION for a broken arm or leg, the loss of
a horse or demolished vehicle. Good and
reasonably safe roads, the rendering of even
and exact justice between towns and tray
elers, the protection of the former from
fraud, abuse and imposition, and the latter
from unnecessary delay and Inconvenience,
from wanton peril to life, limb and prop
erty,-these things the state can do no less
in honor and justice and decenoy to pro-
vide. 1t is what the people are demanding,
and the demand is entirely reasonable.