The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1921-08-27
EUREKA COUNTY
CHAMBER OF COMMERCE

The regular monthly meeting of
the Board Of Directors of the Eureka
County Chamber of Commerce was
held Thursday evening.
The Chamber OF Commerce was re.
Gently requested to take action look
ing to the abatement of the damage
done to county roads and highways
by bands of sheep causing many of
the roads to be partly filed with
loose rocks and stones. making travel
over the highways most difficult. The
secretary was requested to take the
matter up with the District Attorney,
and the following letter in reply was
read at Thursdays meeting:
OFFICE OF DISTRICT ATTORNEY
Eureka. Nevada. August 20. 1921.
Mr.. L. A. Harris,
Secretary Eureka County Chamber of
Commerce. City.
Dear Sir:
This will acknowledge receipt of
your letter OF August 10th regarding
the matter Of livestock damaging and
destroying county roads.
will say that there is not any law
which prohibits the use of county
roads for stock trafiic. Stockmen have
an absolute right to the use OF any
and all public highways for the pur-
pose Of driving their stock over. and
to the same extent that others may
use the roads for public uses. There
10, however. q statute which provides
that any person who. by driving his
stock over the public highway. dam
ages or impairs the public road. may
be required. at his own expense, to
repair the road and put 1t in the same
condition as before he drove the stock
over It.
In case public road is damaged as
result Of livestock being driven over
1t. II becomes the duty Of the Chair
man Of the Board Of County Com
missioners to at once notify the party
to repair the road, and IL the person
refuses or neglects for period of
five days. It then becomes the duty Of
the Chairman of the Board of County
Commissioners to Immediately cause
the necessary repairs to be made.
and to submit in duplicate to the
Board Of County Commissioners and
to the District Attorney. itemized
bills Of the expense 30 incurred. 1t
then becomes the duty of the District
Attorney receiving such bill of ex-
pense to Immediately commence a
civil action for the recovery of the
amount 20 expended. together with
costs OF suit.
The statute above referred to reads
as follows:
Section A. Amy person, party
or corporation driving sheep, goats,
swine. horses or cattle along or across
any public road or highway, or along
or across any street OF alley in any
unincorporated town in this State for
any purpose whatever. who by so
doing damages or impairs said public
road or highway or street or alley, as
the case may be. shall be and he is
hereby required. at his own expense,
to make any and all repairs necessary
to put said road. highway. street or
alley in as good condition as 1t was
before said damage was done" Add
ed. Statutes 1913. 23S. Vol 3, Page
1897.
You will note that the duty de-
wolves upon the Chairman of the
Board of County Commissioners to
take the preliminary steps in the
matter before the District Attorney
has any jurisdiction of the case. 1t is
different. however. in case where the
roads are being damaged by water.
| In such cases It would be criminal in
character. instead of civil, as in the
case of livestock damaging the road.
/ trust that with this information
you will understand Just what is nee
essary in order to compel stockmen
| to keep within the bounds Of the stat
utes. Yours truly.
w. r. REYNOLDS.
District Attorney.