The Southern herald., 1886-08-07
The Road Law.

Ed. Herald-As there are many
Of our citizens eondemning the ac-
ton of the Representatives of this
county In the last Legislature, for
the passage Of law entitled "Ah
Act to insure the better working Of
the public roads of Amite county,
and for other purposes, 1 feel it
my duty as one of the three who
voted for the measureto explain the
law and give my views briefly on
the question. Ipresume that much
of this dissatisfaction is caused from
a misconstruction Of the law, for it
is reasonable to suppose that all
good citizens and public spirited
men arc in favor Of good roads, es-
pacially those that lead to our
county site and railroad towns, over
which our products are hauled; and
certainly no class is so much in
terested in having good roads as
the farmer. Yet l do not believe
there is q man in our county who
has travelled much over the roads
who will not say that the most of
them get in q desperate condi-
tion during the winter season.
Then was not some legislation on
the road law needed to remedy this
evil if possible? Some may say
that the law in the code OF 1880 is
good enough. Yes, SO it is, if COM
piled with and carried out in good
faith, but how are you going to en-
force it2 1t has been the expert
ence of our circuit judge and dis
trict attorncy-who as all know do
their full duty-that it is almost
useless to prosecute road overseer
under the law of 1880; for in nine
cases out of ten the State fails to
sustain the indictment. The code
does not define definitely what
lawful road is, and it becomes nec-
essary for the State, on the trial of
the accused, to show that the con-
dition of his road was bad, or had
distractions in it for at least ten
days in succession, which all know
is very hard to prove. The code
does not state how a road shall be
worked except as TO width. Then
we know that men feel q delicacy
in reporting their friend or neigh
Dor who has charge of the hands,
although his road may be in bad
condition; but under the new law
the members of Board of Supervis-
ors are required to travel over the
roads in their respective districts
at least twice during the year, and
report their condition under oath to
the grand jury. If he finds the
roads in good condition he reports
them as such, or vice versa. The
code requires that the roads shall
not be less than ten nor more than
thirty feet in width. The present
law makes no change in this re-
spect; only says that they shall be
worked to the width required by
law, rounded in the middle and
sloped to the sides; that road bed
of same shall be kept even and
smooth as near as practicable; that
the side bitches or waterways be
kept open, of sufficient size and
proper fall to drain the said roads;
all hills shall be kept even and
smooth as to road bed of same, and
the ascent to the hills shall be made
gradual and uniform as near as may
be practicable. This is the section
Isuppose that some object to. The
object was to define what should be
q lawful road, so that if an overseer
should be reported for the condi-
ton Of any part OF his road, the
State would have to show that the
same had not been worked accord
ing to law. The law does not con-
template that every foot of the
roads shall be raised in the middle
and ditched on the sides, for there
are many level places or gradual
slopes that never get in bad con-
dition, and could always be re-
ported good. No overseer will ever
be convicted for any such roads as
these, but such hills as are liable
to wash, or places where seapage
water comes through and keeps the
road wet, it was believed that this
was the only way to put them in
good condition and save labor in
the end. AS to the road bed being
smooth and the ascent uniform or
gradual, the law expressly says as
near as may be practicable, and
hands are not required under this
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