Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1882-07-19
The Highways.

At the last session of the Legislature
bill was introduced by Mr.. Judevine OF Hard
wick providing for new system of high
way supervision and releasing the towns
from responsibility for injuries received on
the public roads except on bridges having
span of eight feet or more. This bill passed
the house by majority exceeding one hun
bred, and both the senate and the governor,
apparently unmindful Of an important part
each was designed to play in the business OF
law making, seem to have approved the
measure more out of respect for the large
majority cast in its favor in the house than
from any conviction of the justice Of the
essential provisions Of the bill or OF approval
of the new system of road management
which it set up. Indeed, the injustice OF
that provision which practically relieves the
towns from all responsibility for damages
and the clumsy character of the new system
as compared with the old were either openly
or tacitly conceded by many who voted for
ously opposed the bill at the time, and ex-
perience has proved that the objections
it urged against the measure were well
grounded. From all directions the complaint
comes that the highways of the state were
never in so bad a condition as at the present
time that the towns have become negligent
or careless; and that not only have none OF
the benefits which it was claimed the bill
would confer been realized, but that the
danger and discomfort of travelling are
greatly increased and the necessity for
expensive repairs in the future is constantly
growing. Within the past few days two
severe accidents have happened in this
county from two common causes OF disaster
to highway travel, loose stones and the alb
sence of guard rails. The accident from
the former cause was only providentially
without serious consequences, while that
from the latter resulted fatally to one of the
injured parties. Similar causes of disaster
are plentifully scattered over the highways,
and miles on miles Of road closely traverse the
dangerous edge of entertainments where any
slight circumstance like the shying of a
horse may result in sad fatality like that
narrated in the last WAToHMAN. Ordinary
precaution on the part of the town officials,
it is fair to presume, would have averted
these disasters, and if these lessons are
needed may avert others.
The following communication in the Es-
sex County Herald, fully endorsed by the
editor of that paper, shows how the new
law works in another section of the state
"Mr. Editor:-This being the year for our leg
islature to meet, is 1t not about time to begin to
discuss the action this legislature should take In
regard to some of the acts of its predecessors
For instance, the law relating to highways which
the assembled wisdom Of 1880 concocted with 80
much pains and labor. Let the voters Of the
state candidly look the matter over and see
whether this law is proving beneficial to the COM
munity 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 a specimen OF
the workings of this law, we would refer any one
anxious for information to the highway leading
from Island Pond, through Morgan, east Of Sey
mour Lake to Holland A hard, bad road and
poorly repaired always, its condition now is dis
grace to any civilized community VAToR."
Undoubtedly many towns are conscien-
tiously caring for their roads, but the gen.
eral tendency of the new law undeniably is
to foster negligence and carelessness and
because this is its practical working and
that under it life and limb are more un
safe, the demand for its repeal seems to be
general and emphatic.
Direct pecuniary responsibility for the
reasonable safety of travellers seems to be
the only wholesome and effective suasion
which will avail to keep the public roads in
measurably safe condition and this re-
quirement, protected by every possible check
upon abuse and imposition, should be re-
stored with the restoration of the old law
and its sensible methods of taking care of
the highways of the state. The new law is
especially unjust to strangers travelling the
roads, particularly at night. They cannot
be expected to know of every unguarded
embankment, of every rotten water way,
or of the many other insufiiciencies " of
which local or daily passers may be familiar.
Railways are held to strict accountability
for all damages to life, limb or property re-
ceived upon their lines, notwithstanding the
extraordinary precautions taken to prevent
accident; and yet the state has said by leg
islative enactment that the towns, exercis-
ing little or no care over their roads, shall
be responsible only for damages which may
result from imperfections in bridges of not
less than eight feet span. Sauce for the
goose should certainly be sauce for the gan
der even when the gander happens to be a
sovereign state, and tbs possible that test of
the validity of the law releasing towns from
responsibility may be brought before a
court of competent jurisdiction. At all
events, the legislation had at the session of
1880 in regard to highways and bridges is
wrong in principle, bungling and inefficient
in business methods, and one of the earliest
acts of the next legislature should be to
correct this serious miscarriage of its pred
ecessor.
The Central Railway Decision.