Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1910-08-03
Test Case on Road Law

Magistrates Reed and Wiley had
an interesting case before. them at
Boyce last Wednesday, which
arose from the road regulations
adopted by the Board of Super
visors in March. 1905, under a
section of the Code of Virginia
which gives the Board power to
adopt regulations governing the
use of the public roads.
The regulation in question makes
iS unlawful for anyone to haul a
load of more than 1000 pounds
over the public roads when they
arc in bad condition from wet
weather, theclause being as follows:
1t shall be unlawful for any
person to haul grain or other pro-
duce over the public roads of
Clarke county, Va, where the
amount in weight exceeds the
amount of one-half ton 1000
pounds) in wet weather or when
the roads are in bad condition from
wet weather;
For any person at any time to
drag logs or other thing injurious
to the public roads along or over
the public roads of Clarke county,
Va"
Another section provides against
driving steam or other traction
engines over the roads during wet
weather or when the roads are in
bad condition from wet weather.
Several well-known citizens of
the County were arraigned before
Justices Reed and Wiley, charged
with violating the above regula-
tions.
The Justices thought that sufli-
cient evidence had been presented
to Justify fine, the minimum
penalty ofS1O being imposed upon
Messrs. III. w. Shepherd and a. O..
Painter.
The former frankly confessed
that hc had hauled lot of locust
posts from the bank of the Shen-
nndoah river, To prevent them
being washed away, and that, upon
being weighed it was found that
the load weighed 147O pounds. 1t
was also brought out in theevidence
that another citizen, who had posts
on the river at the same time, lost
them because of high water.
The plaintiffs were represented
by Mr.. Geo. b. Harrison, of Boyce,
while Hon. \. Moore, Jr., of
Berryville, was counsel for the
defendants.
MeSsrs. Shepherd and Painter
Immediately noted an appeal and
gave bond, and the matter will be
taken before the Circuit Court as
soon as possible, and a decision
ecuredwhich willsettle the validity
of the regulations for all time.
We believe no one contends that
the power to adopt regulations for
the roads has not been given the
Board of Supervisors: but it is
claimed that the regulations are
not sufficiently clear in their pro
visions TO be easily understood
by all.
The regulations were adopted in
March, 1908, but this is the first
case to came up under their pro.
visions, and will be in effect test
case to see Just what must be done
by road officers, citizens, or others
to conform with the law.
If the law is properly framed
and is a good one, it should be fully
enforced for the protection of the
public roads of the County.
If, on the other hand, the regu
lations are not legal, or have no
been properly framed, they SHOULD
been forced, in order that an appea
can be taken from the decision o
the magistrates court and the cas-
be tried before the Circuit Court
and the laws faults corrected.
: In either event, the presen
appeal will clear the case up, t
the complete satisfaction of all.
The Board of Supervisors ha
tried to do what it could to improv
and protect our public roads.
Citizens generally try to ODE,
the laws.
Everybody wants to see 600
!, roads maintained.
Instead of feeling that anyon
should be criticised in these case.
! we feel that the complainants, ia
defendants, and the magistrate
: who tried the cases, should b
conurafulated. VhenlsintifyS- frs