Middlebury register. (Middlebury, Vt.) 1886-1937, 1906-10-05


Probably there is no instance in the
history of the Nation when the private
rights of its citizens have been so ruth.
lessy assaulted and trampled upon, as
In this attempt to steal from the great
body of the people the roads which have
been built and used for very different
purposes.
And nowhere could this be more true
than in Vermont,-for practically all
the roads in Vermont have been built
by the towns, that is directly by the
people, and entirely with their money.
and the care of them been left with
town officers. The people of each town
have built and maintained these roads
especially for their own use; the larger
part of them being almost entirely for
their own use; and all hitherto have
been occupied for an homogeneous use,
no other being contemplated. And this
has been the condition since the estab-
lishment of the roads. Surely the idea
of their being seized by outside parties,
with possibly an occasional citizen,
for a not only very different use but
one that collides and interferes with
the uses for which they were construct
ed, and for which they are still mostly
used, and to the very great annoyance
and danger of those who constructed
them, and have been accustomed to
; occupy them with safety, is monstrous
perversion of the equity of things, -THE
FUNDAMENTAL LAW BY WHICH
ALL OUR RIGHTS ARE GUARDED
And, 80 far as we know, all the de
I csions of the courts of the country have
been in this direction. Nor do we doub
that the decision of our Vermont courts
and especially its Supreme Court, will
fully sustain these inalienable rights o
5 the great majority of the people to I
safe use of the highways. For as on
Constitution says:
l. Section Z, "That Government is o
# ought to be instituted for the common
;s benefit, protection and security of tn
n people, nation, or community, and no
/. for the protection, emolument or advan
e tage of any single man, family or set o
j. men, who are part, only, of that com
3. munity."
|. Nor could it make any difference if b
l. insidious means Legislature is led t
d pass some law violating such rights. Flo
many a law has been set aside by tn
h courts = declared unconstitutional - be
g. cause in violation of fundamental prir
d cipes. Indeed the very object of on
higher courts,-which, in the last analy
sis, hold the balance of power in on
system of government,-so far as the
consider the action of Legislatures, is t
H. protect the people from ill-considere
IN and unconstitutional legislation.
lie The safe use of the highways to tn
al people who constructed them will b
TO sustained by the Courts as long as tn
he people wish their rights sustained An
IT, we do not believe at the present tim
u that there is any appreciable number
ne our citizens who do not want them SUI
~ talneu, tnat Is WHO WOuIu suTrenut
ne them.
Il We have had occasion to call attentio
to that part of the law licensing aut'
y mobiles. passed by our last Legislature
w which undertakes to delegate the Law
10 making power to an individual, but {
this time there is probably little or 7
ry reason to consider past laws, for ne
ell Legislature is now in session, and it
CHI well understood that the question
lie safe highways for the people will be OF
u of the principal ones to come before
* And we believe fearlessly and justly Il
ng present Legislature will consider tn
I'M whole question, enacting such la
OIL as will maintain to the great majori
of the people their inalienable rights
on safe and comfortable highways. In tn
he action no interested lobby will be pc
DE mitted to interfere.
in Representatives of the Green hills
n Vermont, whether of the Senate or
ar the House, will recognize the necessit
ct of such legislation as will protect Il
on lives, comfort and prosperity of all Il
nd citizens of the State, in the use of Il