The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1895-09-20
A CURIOUS MIX-UP.
The Condition of Affairs About Highway
Surveys Revealed by the South Canal
Street Racket-SOme of the Legal
Points Involved.

hutAeV-Sobht unt besu
Points Involved.
ter seems to be surcharged with
complications, and they threaten
ed to take volcanic form Tues
day about the time of the inter
view between Gov. Fuller and Presiden
Crosby of the electric road and tht
workmen who were engaged in the
grading there, to say nothing of the
further augmentation with DIR. Web
ster of the board of selectmen. The
Governor expressed it as his more OF
less deliberate conviction that the,
were all pack Of thieves with sug
gestions about shooting irons, and he
ordered the men off his land, or what
he claimed to be his, warning them
that they would trespass at their peril.
In fact the Governor was wrought uI
as few have ever seen him and strange
y SO for a man that has had SO many
bigger matters on his hands But
finally an arrangement was reached by
which the work went on, but the Coy
ernor may 60 to court with it.
Gov. Fuller has always been in favor
of grading that HILL which is one OF
the most important public improve
ments of late years, and DR.. Webster
has a letter from him urging it, but as
stated last week, he wants it to be
accompanied with a widening and
Strengthening of the highway accord
ing to the order of the court commits
sion in 1867. AS ii is now he claims
that the town has cut in upon his land
some what while according TO the sur
vey which ran the highway straight
from the corner Of Birge street to the
top of the hill, the Mrs Haskins and
the Powers properties, in the highway
from six to lG feet, are left untouched.
The cut down at the top Of the hill.
leaves the driveway to his place. Pine
Heights. five feet in the air, and ne
cessitates his constructing new one at
considerable expense, as also 1t does the
Powers place driveway near the top OF
the hill to the farm house now oceu
pied by l.. f. Shields.
The Governor wrath arises from
this state Of things and also from his
claim that the selectmen have proceed
ed without right because OF a statute
Of 81 which forbids the cutting down
of IA highway more than 36 inches in
front of any house standing on the line
Of highway without notice or hearing.
Still the action of the selectmen. in
as it is and seemingly par
tial, is just, and the best they could
10 under the circumstances. The
fault is further back that the work
has to be left in SO incomplete and
shape They claim that
Fuller is still left four feet in the
highway. The grading is certainly a
desirable thing, and would have TO be
lone some time. The electric railway
vas willing to bear half the cost if
lone this year, and if they had con
'tructed their line without it as they
night have done, they couldn't under
heir franchise be compelled TO pay
my part of ii. So the selectmen (!
hought it to be good policy to improve |
his opportunity for the grading. but |
when it came to the rest of the work. /
he Strengthening and widening urged |
~ Coy. Fuller. it was at least a grave |
question whether they had any power
o proceed further, except by begin |
ling anew and going through the pro- |
ess for laying out new highway, I
or which there was no time if they !
we're 10 have the help of the street |
ailway company. There is a curious /
tate Of affairs about this highway re /
ealed by the records. There are said /
o have been four different surveys for (
{ in 1914. 1928, 1874 and 1867 Blu I
he first and last are the only ones tina .
he records show to have bearing on
he ease. That of 1898 was through +
lain street and then skips to half a
nile beyond the disputed point That
{ 1874. LAYING road } rods wide and ,
n the hill. is one which Geo. H. Clark
avs no one can follow. though there
re points in it that compare closely
18th the present lines Of occupancy.
t begins at a point a rod and a half
rom the "Kimball house. but II
oesn't say in what direction this rod
nd half goes to reach the starting
oint, and besides, it is not certain
hat the kimball house. SO desig
ated was. 1t is supposed to have been
ne house next east of Young's store
ut Mr.. Clark thinks it was house
rther up. The result is that the
lrvey simply runs into the air for
gal purposes. The 1867 survey, laying
road 81, and 4 rods wide, was
ade in pursuance of the order of the
,urt commission, which ordered a re
uction of six feet in the grade. But ,
does not appear that the town ever
leyed the order, or paid any damages !;
II land from the Powers or Fuller
'operty. though it did from the Mrs.
askins property and it is claimed that
e reason was compromise. Certainly
ere is no power to take land now which 1
ISN'T been paid for. and it is at
asst doubtful if the order itself isn't /
ltlawed. The time has passed in v
hich the town could be indicted for {
sobeying it. Why isn't it like any t
urt judgment. which can outlaw? $
so and considering the dubiousness o
the 1914 survey. all the easement \
e town has in this highway is what T
has acquired by occupancy or use. +
d the widening and Strengthening, b
lich Gov. Fuller is unquestionably 4
sht in insisting ought to be done h
N only be done by condemning and L
king the land anew. S
As to the point about the statute of Fl
"A, the selectmen took counsel of V
dge Wheeler. who said it must be h
orally interpreted and as none of f,
e houses stood on the line of the {,
ghway. it has nothing TO do with h
e case. Certainly, reasoning from t,
neral principles there can be no o.
estion of the right of the town to N
Ike SO important an improvement as d
is on the highway. Whether the Il
utters are entitled to damages. be "
use of the expense to which they Il
Il be subjected and reach it by NJ
veways. is question that can best L
answered when the lawyers get back fl,
m Newfane.
)ne thing however in connection -
th the improyemept is all wrong.