Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1898-09-22
TIE CHOSEN FREEHoLpERs


A regular meeting of the Board too
place 90 Thursday, when every membe
was present.
/ The Porch's Mill bridge was reporte
completed.
Solicitor Watkins presented the follow
ing opinion as asksd for at the July meet
ing
Woodbury. N. ]. Sept 9Th, 1928.
The Board of Chosen Freeholders, Glouceste
Gentlemen In answer to yours Of the sth a
| follows. I'm the constru ction of the Asbur
stone road, in number of cases in providin
| for cutters along said road, the lanes or drive
ways into various properties has been en-
croached upon causing difficulty OF access to thi
premises. Is it the place of the county to res
| / beg to say that the Legislature of this Stat
by act entitled IAN act TO provide for the per
manent improvement of public roads In thi
State" approved March ed, 1895, and thu
several supplements thereto, placed the powe
| for the construction. grading and making of Ger
| tain roads in the Boards Of Chosen Freeh0loer
of the various counties.
Under the provisions of this act and supply
ments the road in question is being constructed
In view of the nature of these roads and tina
control over them which of right belongs TO tht
State and of the nature OF the ownership OF lou
bounded thereon. which implies subsection, Il
not consent to the exercise and determination
of the public will respecting what grades OF
changes in the grades thereof shall, from time te
time, be found necessary, and what other i'm
proVements thereon shall be found expedient,
think adjoining property owners are not entitled
of legal right and without statutory aid to com
pensation for damages which result as an IN
cident or consequence of the exercise OF this
power by proper authority.
Accordingly the courts by numerous decisions
have settled the doctrine that acting under au
thority conferred by the Legislature to make and
repair or grade, level and improve roads, II the
authorities keep within the limits OF the road
and do not trespass upon, or invade private pro
perry, anG exercise reasonable care and skill
in the performance of the work, they are not an
swerable to the adjournable owner, whose lands
are not actually taken, trespassed upon or In
vaded, for consequential damages to his pre-
misses, unless there is a provision in the charter
of the corporation, or in some statue Gre
ating the liability. and the same principle applies
and the same freedom from implied liabi ity
exists if the road be embarked or raised SO as TO
cut off or render difficult the access to the al
jacent property
Board of Chosen Freeholders in the construction
of said roads. There is an act creating liability
when the changes are made under certain Cir
cumstances. in cities, boroughs and incorpor.
ated towns but cannot coustrue that this act
is applicable to this case
| therefore am of the opinion that the County
is not liable to replace lanes or driyeways in.
tersectiug such roads, where the Board has kept
within the limits of the road and have not tres
passed upon or invaded upon private property.
Very respectfully.
DAVID o. WATKINS. Solr.
The committee on the completion OF
wing walls to the Woodbury. bridge
thought it advisable not to proceed with
such improvement at this time of the year.
The committee was continued.
The Permanent Road Committee was
authorized to purchase a roller for use on
the county roads, If in their judgement one
was needed.
Salem county requested a committee to
meet their committee and decide what to
do with the draw bridge at Pedricktown.
Committee, Usinger, Wilson, Miller.
Freebooter Usinger explained that he
had in several places along the Paulsboro-
Swedesboro road banked the road across the
meadows with mud and had sown the en-
bank ment with grass seed Some OF the
farmers had contributed the dirt, others
cha ged for it.
The committee on public property stated
that they had had bids for furnishing a
1875 foit flag pole and a 0x20fag for the
court house, about 5000. This included
the erection of the pole, painting it and
everything complete. When asked what
kind of a pole it was Secretary Pierson
said sap pine In the judgment OF those
present that was poor pole. Committee
was authorized to use their judgement in
regard to the Job.
Mr.. Pierson reported having received a
letter from Col. Raymond, who stated that
he could not grant permission to remove
any relics from the Red Bank battlefield.
The committee to inquire into the adj
visibility of a County Lunatic Asylum
made the following report which was re-
ceiyed and ordered filed, and the recon-
mendation referred to the Solicitor:
Woo DBURY, N. J., Sept. IS, 1898.
To the Board of Chosen Freeholders, Gloucester
County. N j.
The Committee appointed to consider the ad
visibility of building County Insane Asylum
would respectfully state that they have given the
matter attention, and submit the following
In company with the Director of the Board the
Committee visited the Atlantic County Insane
Asylum at Pleasantvi1le. N. j., on Wednesday,
September 7th 1898 They were shown oyer
the building by the county authorities and the
workings of the institutions were explained TO
them as well as its plan of construction. Two
members of the committee had previously
visited the Camden County Asylum and made
general examination of its operations.
AS result of all their examination and
inquiries and after having given the sub ject
committee recommend that the county build a
County Insane Asylum They believe it can be
conducted at less cost to the county than BY the
present method OF maintaining insane patients
in the State Hospital at Trenton, and that the
patients can be cared for in as satisfactory a
manner in reference to their mental and physical
ailments as is now being done and without de
triment TO them in any WY The committee are
also informed that the accommodations for the
insane maintained in the present Asylum at
the Aims House are inadequate, and the erection
of a new building is very desirable, and more &C
Communications will be required at an early date.
In submitting this report the committee re-
quest its adoption and ask for further instruc-
tons They also recommend that the Solicitor
be instructed to furnish the Board a written
opinion as to their right to build County Lunatlc
Asylum under the statutes Of the State
CHAs. W. KNIGHT,
LEWIS S. STRANGER,
GEORGE E. PIERSoN,
A. Il. SILVERs,
WILLIAM M. ToMRLEsoN.
Freebooter Usinger presented petition
from two-thirds of the property holders
long the way for stone road from Norton
vile, through Bridgeport and Cooper'S
Station to the stone road at Capt Schoch's.
Moved that a committee of five be ap-
pointed to investigate the ACCESSIBILITY OF
building such road Amended to employ
surveyor to sketch the road and get mea-
suremepts Amendment lost Committee
Miller, Usinger, Knight, Wilson, Cooper
The proper officers were authorized to
borrow $22 900 to pay current bills and
stone road bills
A sample tombstone furnished by the
government for deceased veterans was
shown. 1t cost but 43c., which is fol
freight, and is feet by 4x10 inches, and
cost SIS. Secretary Pierson said he had
an idea if the applicant wanted the latter
stone the Board would be compelled to
furnish it. The matter was left with the
freeholders and applicant.
The matter Of caring for the poor of the
county, outside of the County Aims House
provoked Lengthy discussion. The Board
at present keeps a large number Of aged
and worthy citizens who do not care to &c
to The Aims House and requests from
several townships for county aid were re
ceived.
Director Starr was of the opinion that
the Board had better pause and consider its
actions before granting these requests, fol
said he, there are thousands of merit0ri0us
cases, and if we don't call halt soon we
will soon have an army to support.
Several of the FIR. eholder favored the
granting of requests, because the Aims
House v as overcrowded and the cost to
support them in their homes was less than
at the County House. Board voted aid in
each case presented.
Engineer Carter read the specifications
macadam road on Broad street, Wood
bury, which he had prepared. They were
approved by the Board and ordered for.
warded to the Commissioner of Public
Roads for his approval.