The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1889-11-06

to the Township
In the case Of the Commonwealth Va tb.
Supervisors Of Ashton Township. recently
tried in the Delaware co1nty court Jndgs
Clayton. IN his charge TO the jury, said Tbs
supervisors are the Representatives Of the
tornsliip. and Ia order 10 compel the town
ship 70 perform its daiy ii is necessary ahal
the township shall be brought into ccart Ia
the name of the supervisors. The Law re-
! qaires the public roads Of the state 10 bs
kept in good, convenient repair BY the town
ships through which these roads pass II Is
a mistaken notion 70 suppose that the roads
belong to the township. The public roads
belong to the State, and hey are TO be KEEP.
open and Ia good travelling order for The
several citizens Of the Safe by The different
townships The supervisors have authority
TO levy raxes sufficient 20 enable them TO
perform this duty. and IL they fail 20 per-
form the duty they are liable 10 indictment.
The object Is, IS ] have stated before. not 70
punish but 10 compel townships 10 perform
their duty By the election Of supervisors who
viii exercise the requirement Of the law and
keep the roads in good passable condition.
The act Of assembly regulating the duties Of
supervisors Is in the following words PG5-
lie roads or highways laid ont, approved
and entered on record as Aforesaid, shall, as
soon as may be practicable, be etfeieuAlly
opened and constantly kept 10 repair and
ali public roads OF highways made or 70 be
made shall al all seasons be kept clear OF
ing and travelling, at the expense Of the re-
spective townships, as the law shall direct.
Now I cannot better define to you The du-
ties Of the supervisors than il is defined by
the statute ! have just read Much has
been said upon the trial as to the dangerous
condition Of this road This is not the
question. II is not necessary in order 10
maintain this Indictment that these rosds
shall be constantly kept in good condition 10
accommodaie pubic travel al all times By
day as well as by night, and for all kinds Of
vehicles and for all kinds OF travel, shall be
wide enough for vehicles TO pass al all times
and al all places. They shall be in such
safe and good order IS % be easily and safely
Travelled over by all kinds os vehicles The
question. therefore, for you, gentlemen. wiz
not be, were these roads dangerous, for if
they were dangerous j; was the duty Of the
supervisors to shut them I'D until they could
be repaired and placed in safe condition.
The township would be liable to pay DANA
ges for injuries arising BY reason Of The
roads not being in safe travelling condition.
When road becomes dangerous il must be
shut up and at once repaired The duty Of
the township through the supervisors is to
keep the road al all times opened for good,
easy and convenient travel The question
therefore for you viii be whether the super
risors Of the township of Aston. previous 10
the commencement Of this prosecution, neg
lecfed 70 keep these reads IN safe. easy trav-
cling condition. You have nothing 10 do
with what has been done since BY the super
visors. The question for You vii Dc. were
the roads At the time the prosecution was
commenced 10 bad. or in such condition that
the citizens Of the commonwealth could not
safely, easily. and conveniently pass over or
travel upon them. Il they were not then
your verdict ought 70 be for conviction II
they were, then your verdict should be an
acouifial It sppears sufficiently from the
evidence that the roads have since been re-
pairei and put in reasonably good condition.
The question therefore is chiefly one Of
costs. az the supervisors have not perform
ed their duty. You have nothing TO do
with the manner in which these supervisors
have divided their duty. That is matter
between themselves. and both are response
bic for the neglect of their duties in any
part or the township. Now, do not in
tend to repeat the testimony. You have
heard it sll, and If from the evidence in the (
case you come to the conclusion that the
supervisors have not kept these roads which
the grand jury have returned ia good, con-
venient, and proper condition for easy trzv-
el BY the citizens Of the commonwealth. by /
day as well as by night. then they are ae-
and the prosecution has made ont |
It's case against them II. upon the other
hand, you find that they have performed !
their duty, then they should be acquitted |
fyou should scquit them aad should come
10 the conclusion that they have TO reason
able extent performed their duties, then you /
san consider the disposal OF the costs. II /
yon acqui:. you have full control over the /
,osts, either 70 put them upon the supervi- /
sors or the county or prosecutor or divide /
hem between the prosecutor and superEis- /
1rs. And the simple question Is whether
he supervisors have performed the duties
imposed upon them byt be act Of assembly
which have just read, and which requires
hat supervisors shall promptly repair the 1
roads when they need it. 1t Is not necessA-
y that they sho1ld wait until somebody [
hall give them notice. II Is their duty TO 1
Know whether the roads are in good repair
1r not. They must have reasonable time,
out il must be promptly done The ine and
,osts imposed for neglect Of duty IS To be
aid BY the supervisors and not by the town.
dip, as punishment for such neglect