Judith Gap journal. [volume] (Judith Gap, Mont.) 1908-19??, 1911-07-14
FENCING UP OF
ESTABLISHED ROADS

a county commissioner Of Custer
county sends to the Miles City Daily
Stara communication on fencing roads,
and declares the board will vigorous
~ prosecute all offenders in the fu-
t,,re. That part Of the cOmmunica-
ton quoting the law on the subject
is herewith reproduced:
Complaints are continually being
brought to the board OF county COM
missiOnerS relative to the fencing of
county roads. Many of the settlers
seem to take it for granted that as
soon as they locate on a piece Of land
that they have sole Ond absolute con-
troll over all roads leading across it,
and proceed to fence them forthwith
And many Of them actually defy the
district supervisors to open them up.
Some years ago the road conditions
had become SO badly mixed that on
March =, 1908, our state legislature
made sweeping law to cover this
very matter which reads as follows:
Section 1897 OF the Revised Statutes
of Montana reads, "What are public
highways? all roads, streets, alleys.
courts, places and bridges laid out or
erected by the public, or now travel.
ed or used by the public, or laid out
or erected by others, dedicated or
abandoned to the public. or made
such by partition of real property
are public highways"
Now in regard to the illegal closing
of these roads section 1898 of our
statutes provides:
All public highways once estab-
lished must continue to be public
highways until abandoned by the
board of county commissioners OF the
county in which they are situated, or
by operation of law, or Judgment of
a court of competent jurisdiction
In regard to the width Of highways
section 1880 of our statutes provides:
1.-The width of all public highways,
except bridges, alleys and lanes, must
be sixty feet unless a greater or less
width is ordered by the board of
county commissioners on petition of
the persons Interested
Section 1850 of the statutes defines
the powers and duties OF road super
visors:
Under the direction and supervi-
sion OF the board of county COM
missioners they,
Must take charge of the highways
OF their respective districts.
Keep them clear from distractions
and in good repair.
"Cause banks to be graded, bridges
and causways to he made where me-
cessary, keep the same in good re-
pair and renew them when destroyed
1.-The road supervisors shall do
whatever the board Of county COM
missioners may order or direct and
in the manner directed by said
boards
Section 1862 of the statutes pro-
vides: Road supervisors must open
or cause to be opened when ordered
by the board Of county commissions
Vic al PNtoiN WulSu nave
been laid out and established accord
ing to law in any part of his road
district"
Now we come to the portion of the
statutes dealing with these illegal
fencers of roads. Section 1873 of the
statutes provides:
'lf any highway duly laid ont or
erected is encrOached upon by fences.
buildings or otherwise. the road SUI
pervisor of the district must give no
tice orally or in writing, requiring the
encrOachment to be removed from
the highway
Section 1875 of the statutes reads:
''lf the encrOaclment is not re-
moved forthwith or commenced to be
removed forthwith and the removal
is not diligently prosecuted. the one
who caused. owns, or controls the EN-
crOachment fOrfeits ten dollars for
each and every dap the same con-
tinueS unremOye(l. II the encrOacl,-