Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-09-23


sponsiyc chord in the hearts of the busi-
ness men of Fort Worth. Words of en-.
enlargement and prayers to keep up the
fight have been pouring in daily in way
that Illustrates the deep interest the peo-
pie feel in this matter.
WHAT TINY SAY.
"Nour estimate was way below the
mark said one prominent business man
Fort Worth is now losing 50, 000, 900
worth of trade year ON account of bad
roads,
owe feel II pcrceptlbly in our bust.
ness" said the member of n frm which
does an extensive retail trade throughout
all the adjacent territory.
"Good roads would be worth as much
as two new railroads, remarked another.
"Unless something is done. and that
speedily, our trade win be literally par
alyzed," said fourth.
And thus we might 20 ON repeating
opinions that would Ill column, all
pointing TO the same end that the inn
provement of the public roads is matter
OF such vital interest to the city that IL
cannot he longer overlooked without the
greatest hazard.
TlIE AGITATION
Is not confined to Fort Worth alone, but
from every quarter of our dependencies,
curses are coming up both loud and deep
Several examples have already been
given in THE GAZETTE. Another worthy
of notice Is the Decatur road, which for
five miles beyond the city is reported in
such wretched condition as To be
almost impossible. 1t Is said that
travellers, disguised with the boggy lanes,
are cutting the fences of farmers In the
neighborhood for highways In manner
suggestive of the fall OF 1883. To multi
ply instances Is unnecessary. IL Is sufil-
cient TO say that all the public roads are
most worthy subjects for repairs, aud that
neither excels another except In mega
tive way.
II is understood that the county COM
missioncrs are thoroughly impressed with
the necessity of immediate action, but
that there Is
4 LEGAL STUMBLING BLOCK
which has cstopped work so far This
involves the validity of the road law
passed ut the special session Of the legis-
lnturc, aud presents an interesting queS-
ton for the consideration OF lawyers.
The old road law in existence prior 10
that date provided for straightcn-
ing public roads on the petition
of eight freeholders, living along the
route OF the proposed change The in
tention of the new law was TO authorize
county commissioners to change crooked
roads on their own motion. 4 big fight
was made over this Issue In the lcgisla-
, ture, the opposition contending that It
placed tyrannical powers in the hands
of commissioners courts. The bill was
finally passed, however, and has been re-
cognlZed as good law, until its validity
was questioned here. The difficulty lies
in
TiIE CONSTRUCTION or STATUTES
and will be appreciated by Il quotation
from the new law, after stating tho
nature of the charges TO be made, Sec
ton 3 reads: "Ii damages are claimed
by any owner of land so appropriated
for public highways or by any person
where lncloscd premises are crossed, d
Jury to assess such damages shall be APP
pointed, as now provided In section 437l
of the Revised Statutes"
Section 437l OF the Revised Statutes at
the time this bill was introduced read
as follows
fused, It shall be the duty OF the com
mlssloncrs' court 10 appoint FIVE dlsnter
csted freeholders, residents of the county,
as commissioners, majority Of whom
may act, TO view the same, assess the
damages incidental to the opening OF the
road, of the first, second or third class
through any part OF said farm
lot or Enclosure AS proposed, taking int
4. IL.
yantages accruing to such owner from IN,
opening of such road and report thcii
action in writing and under oath to IN,
next regular term of the commissioners
COURT
At the same session of the Legislature
AZ AMENDMENT
was adopted to article 437l, making !
read thus
"The owner OF such land may, at th,
/ time stated in such notice, or PREVIOUSLY
( thereto, present 10 the Jury Statement
/ in writing of the damages claimed b.
I him, II any, incidental to the opening o
such road, and thercupon the jury shal
proceed TO assess the damages, return
ing their assessment and the CLAIMANT
I statement with their report to the com
missiuners' court
] inns thauIt went lhlb 'h'NA WIN wv
I new road law AS will be observed j
/ ,itiates the method Of appointment OF I
/ Jury of view provided IN the latter lcay
I Ing bare law
I WITHOUT ANY AGENCY
to execute II. This Is the position o
4 County Judge Furman Others thinl
that the reference IN the new law 10 artlcl
! 1871 simply quotation OF IN
statute as II stood at the time the oil
was passed, aud that subsequent change
even though IL should take effect stimuli
taneously with the dependent bill. woul'
not affect II at all The commissioners
court acting under the advice Of Judg
Furman declined TO 60 any further W.T.
the eight surveys which were mad
at cost OF $1,000, fearing that II the al
tempt was made 20 open roads land
owners would enjoin il, aud night tb
validity of the law, involving endles
litigation.
Judge Furman stated TO 6Ahkrr
reporter that the only way he could -
,,,,, NJ tho dtfiiculty was to 90 ahead