Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1891-04-09
The County Court and the Roads.

Ed. Register-In your issue of March the
10Th, 1891, notice, after lapse of 20 years,
your correspondent at Des Arc has taken an
old-fashioned horseback ride over the dirt,
stumpy, and mud hole road from your city
to Des Are. He does not say which road he
travelled, and, as he goes, he keeps his head
erect and his eyes wide open, and, after he
gets home, he comes out in the following
words of lamentations: II was surprised
to see a much worse road than 90 years ago."
Then, Mr.. Editor, he goes on to tell you the
cause of it, in the following language: Sand
that is, the County Court allowing every
farmer on the road to change it every time
they want to make a calf PEN" Now, 1 am
we'll acquainted with your worthy CORES
pondent at Des Arc; know him to be good
citizen; do not believe he would impute a
wrong or inflict a wound undeservedly on
anything. Then / must conclude that the
above thrust made at the County Court was
made through ignorance-nOt willfully, but
from want of a knowledge of the provisions
of the road law. He will find, by reading
the road law, that the same proceedings
must be taken to change an old road, that
are taken to establish new road. He will
further find how the matter of road gets
before the County Court, and when legally
before the Court, that the Court must pro-
coed with it by regular steps, as the law d.
reefs, not only to the md of three regular
steps, but to the end of forty depending
steps, if necessary, to the establishment or
rejection of the proposed road. II estab-
lished, the road then, by one legal step,
passes out of the hands of the County Court
into the hands of the Overseer of the dis
trict in which it Is located, who has the alb
Then the relation that the Court bears to all
highways of the county is the same as that
of any other good citizen. No more, no less.
If the County Court, or any member thereof,
be travelling on any of the highways Ill the
county and catch man trespassing thereon,
it is his or its duty to prosecute the offender.
or to inform the Oyerseer, who is bound by
law to see to it: and that is the duty of any
good citizen about Des Are and the county
at large. And, as l have said before, all the
roads in any district belong to the Overseer
thereof, and are absolutely under his care
and keeping, and to justify this assertion, 1
will call attention to the following sections
of the road law: Under Section 1916 the
Overseer has the sole right to make the dis
tribution of labor among the several roads
in his district. Under Section 1920, in work.
lug and rel airing his road, the power is CIV
en- to him to enter upon any adjoining lands,
take timber, open bitches, take stone or
gravel, and, if he and the owner cannot agree
upon the price thereof, tho Overseer has the
right to appoint three men to assess the
damage, Under Section 1921 he is bound to
protect all ornamental shade trees along his
roads. Under Section 1922 it is his duty to
keep all the roads in his district clear of all
obstruction. Under Section 1928 the penal
ties are set forth for failures of an Over
seer. Under Section 1924 you will find what
a misdemeanor by any person,
unless the Oyerseer has ordered the same to
be done.
Now, Mr.. Editor, 1 wish to ask "Isaac,"
your correspondent, how the Judges Of the
County Court can know when "Isaac" or
any other citizen OF Des Arc, is building
calf-pens across the highways of that dis
trict? And, should it come TO the knowledge
Of the Court, what, under the law, would be
the duty of the County Court in the premises?
Now, l am disposed to think that "Isaac,"
when he shall have made himself acquainted
with the road law, will agree that the care
AID keeping of all the roads in any district
belong to the citizens and Overseer thereof,
and not to the County Court.
Respectfully, Yours, A. W. II.