BURTON WILLIS POTTER.

BOSTON:
LITTLE, BROWN, AND COMPANY.
1886.

Copyright, 1886,
By Burton Willis Potter.

University Press:
John Wilson and Son, Cambridge.

TO

THE HONORABLE JOHN E. RUSSELL,

SECRETARY OF
THE MASSACHUSETTS BOARD OF AGRICULTURE,

These Pages are Respectfully Inscribed,

AS A TOKEN OF MY LOVE AND ESTEEM FOR HIM AS A TRUE FRIEND,
A CLASSICAL SCHOLAR, AND AN ELOQUENT ORATOR,
WHOSE SPEECHES AND WRITINGS HAVE AIDED POWERFULLY
IN BRINGING ABOUT A REVIVAL OF AGRICULTURE,
AND IN CREATING AMONG THE PEOPLE
A LOVE OF AGRICULTURE AND
RURAL LIFE.

Transcriber's Note: The asterisks in footnotes 89 and 92 have do not have corresponding references in the text.

PREFACE.

The chapters of this book relating to the laws of public and private ways were written and read as a lecture at the Country Meeting of the Massachusetts Board of Agriculture, in December, 1885, at Framingham, and have since been published in the "Report on the Agriculture of Massachusetts for the Year 1885."

The laws as herein stated are, as I believe, the present laws of Massachusetts relative to public and private ways, and therefore they may not all be applicable to the ways in other States; but inasmuch as the common law is the basis of the road law in all the States, it will be found that the general principles herein laid down are as applicable in one State as in another.

Believing that good roads and the love of rural life are essential to the true happiness and lasting prosperity of any people, these pages have been written with the sincere desire to do something to improve our roads and to encourage country life; and they are now given to the public with the hope that they will exert some little influence in promoting these objects.

B. W. P.

Worcester, Mass.,
May, 1886.

CONTENTS.

CHAPTER I.

HISTORY, IMPORTANCE, AND SIGNIFICANCE OF ROADS.

Roads the symbols of progress and civilization. Macaulay and Bushnell on the value of public highways. The first sponsors of art, science, and government were the builders of roads. The ancient highway between Babylon and Memphis. The Carthaginians as road-makers. Roman roads: their construction, extent, and durability; their instrumentality in giving Rome her pre-eminence in the ancient world; their mode of construction described. Ponderous roads in China. Magnificent highways in the ancient empires of Mexico and Peru. Prescott's description of the great roads in Peru. Bad condition of the English roads in the sixteenth century. With the revival of modern civilization the improvement of the public highways has engaged the thought of public and scientific men. Advantages of good roads generally and especially as the means of a proper distribution of population. [ 1-11]

CHAPTER II.

LOCATION.

Best possible location desirable. Permanent nature of roads. Many of the ancient roads are still travelled by the people of to-day. The law of the survival of the fittest applicable to the location of roads. The makers of a good road often build better than they know. Roads may be located in three different ways. The old Romans and the modern Latin nations locate in straight lines. The English-speaking people usually locate their roads in curved lines. Curved roads have many advantages over straight ones, as good grades are more desirable than straight roads. [ 12-16]

CHAPTER III.

CONSTRUCTION.

Importance of drainage. Good roads impossible without proper drainage. Proper width of roads for travel. They should be wide enough to admit of foot-paths at their sides. Every road should be crowned sufficiently to run off the surface water, but not enough to make the road-bed too unlevel. The golden mean is to be sought. A macadamized road the cheapest and best for our climate and soil. Proper foundation and depth of stone covering for such a road. The Telford road sometimes the best for clayey soil. Its construction. They will be the future roads of our country. Earth-roads now generally prevail. How to make them, and how to keep them up. [ 17-21]

CHAPTER IV.

REPAIRS.

Economy and public convenience require roads to be kept up the year round. Advantages of a road always in good condition. Evils of the present system of annual or semi-annual repairs. The present system described. Advantages of the continual-repair system illustrated by the great turnpike from Virginia City to Sacramento, by Baden, Germany, France, Switzerland, Great Britain, and towns in the vicinity of our great cities. This system alone will prevail when the principles of road-making become better known. [ 22-27]

CHAPTER V.

LAWS RELATING TO THE LAYING OUT OF WAYS.

For what purposes ways may be laid out, and how they may be established. May be laid out by town or county authorities. Distinction between town ways and public highways. When the public officials refuse to lay out ways, parties interested may appeal. How damages are avoided and costs paid. [ 28-31]

CHAPTER VI.

LAW AS TO REPAIRS.

How and by whom ways are to be kept in repair. The duties and rights of the public authorities in making repairs. The boundaries of highways. The rights of travellers as to the removal of obstructions in the road. Unauthorized persons have no right to repair ways. Highways to be protected by proper railings. How wide roads should be. [ 32-35]

CHAPTER VII.

GUIDE-POSTS, DRINKING-TROUGHS, AND FOUNTAINS.

Guide-posts to be erected and maintained at suitable places. Penalties attached to neglect or refusal to erect and maintain them. Town officers may establish and maintain drinking-troughs, wells, and fountains. Their duty in this respect. [ 36-38]

CHAPTER VIII.

SHADE TREES, PARKS, AND COMMONS.

Towns and cities have authority to beautify the roadsides and public squares. May plant trees and encourage their planting by adjoining owners and improvement societies. The rights of improvement societies and the penalties for interfering with their work. Shade trees and other ornamental fixtures not to be injured or destroyed. [ 39-41]

CHAPTER IX.

PUBLIC USE OF HIGHWAYS.

How roads are to be used by the public and adjoining owners. Due care to be used by travellers. Masters responsible for their servants' acts. No responsibility for inevitable accidents. What is a proper rate of speed. [ 42-44]

CHAPTER X.

"THE LAW OF THE ROAD."

Rules for the meeting, passing, and conduct of teams on the road. These rules not inflexible. When they may be deviated from. Each traveller has a right to a fair share of the road. The rights of light and heavily loaded vehicles. When a traveller with team may use track of street railway. [ 45-49]

CHAPTER XI.

EQUESTRIANS AND PEDESTRIANS.

Equestrians must give way for vehicles. "The law of the road" does not apply to them by the terms of the statutes, but they should observe it as far as practicable. Pedestrians have a right to walk on carriage-way. In cities they should walk on the sidewalks. They must use due care. Their rights on cross-walks. They are not subject to "the law of the road." They may walk out on Sunday for their health. [ 50-53]

CHAPTER XII.

OMNIBUSES, STAGES, AND HORSE-CARS.

Carriers of passengers for hire are bound to use due diligence in providing suitable coaches, harnesses, horses, and coachmen. They must not leave their horses unhitched. If they receive passengers when their coaches are already full, they must use increased care. Passengers must pay fare in advance, if demanded. [ 54-56]

CHAPTER XIII.

PURPOSES FOR WHICH HIGHWAYS MAY BE USED.

Public ways are mainly for the use of travellers, but they may be used for other public purposes, gas, water-pipes, sewers, street railways, telephone and telegraph lines, etc. Every one may use the highway to his own advantage, but with regard to the like rights of others. What animals and vehicles are allowed upon the road. Towns and cities may regulate by by-laws the use and management of the public ways. [ 57-61]

CHAPTER XIV.

USE OF HIGHWAYS BY ADJOINING OWNERS.

They own the fee in the land, and are entitled to all the profits of the freehold, the grass, the trees, fruit, etc. If the land in the way is subjected to any new servitude, like an elevated railroad or telegraph or telephone lines, they are entitled to damages. They can load and unload vehicles in connection with their business on their premises, but it must be done in such a manner as not to incommode the travelling public. They must not fill up the roadside with logs, wood, or rubbish of any kind. [ 62-69]

CHAPTER XV.

PRIVATE WAYS.

Private ways may be established and discontinued in the same manner as public ways. The owner of such way must keep it in repair. The owner of the soil may use it for agricultural purposes, and keep up bars and gates. "The law of the road" applies to private ways. [ 70-72]

CHAPTER XVI.

DON'T.

Don't drink intoxicating liquors when travelling. Don't forget to look out for the engine while the bell rings. Don't take animals affected by contagious diseases on the public way. Don't go upon the road if you are afflicted with a contagious or infectious disease. Don't go out sleigh-riding without bells attached to your harness. Don't try to drive a horse on the road unless you know how to manage him. Don't ride with a careless driver. Don't use a vicious horse, or let him to be used on the road. Don't let your horses get beyond your control. Don't encroach upon or abuse the highway. Don't ride on the outside platform of a passenger coach. Don't jump off a coach when it is in motion. Don't wilfully break down, injure, remove, or destroy a milestone, mile-board, or guide-post. Don't go out of the road-way upon adjoining land. Don't suppose that everything that frightens your horse or causes an accident is a defect in the highway. Don't fail to give notice in writing if you meet with an accident on the road. Don't convey land encumbered with a right of way. Don't keep a barking dog. [ 73-83]

CHAPTER XVII.

FOOT-PATHS.

Necessity of air, sunlight, and exercise. The progenitors of every vigorous race have found in forest and wilderness the sources of their strength. The Israelites, Greeks, Romans, Dutch, Anglo-Saxons. The teachings of Nature essential to the development of the human mind. Job, David, Plato, Aristotle, Christ, Wordsworth. Foot-paths tend to bring people into the open air and into communion with Nature. The by-ways of old England. Towns and cities should lay out foot-paths. [ 84-88]

CHAPTER XVIII.

WITHIN AND WITHOUT THE ROADSIDE.

Every dweller under obligation to maintain neatness and order within and without his roadside. Unselfish exertion in this behalf pays. He who beautifies the roadside benefits mankind and himself alike. A dirty and shabby dwelling gives a traveller a mean idea of its inmates. A cosey and clean house always speaks well for its inmates. Every homestead should be adorned with trees. The beauty and utility of trees. They are inseparable from well-tilled land and beautiful scenery. Wayside shrubbery: its use and abuse; it should be allowed where green grass will not grow. [ 89-94]

CHAPTER XIX.

ENJOYMENT OF THE ROAD.

A traveller should have a hopeful and sunshiny disposition. He should be in harmony with Nature; he should have an observing eye to enjoy the latent enjoyments of the way. How the observing faculties may be cultivated. The pleasures incident to knowing how to appreciate the beautiful in Nature. The different degrees of enjoyment in the same situation. The love of Nature the sign of goodness of heart. Ruskin, Wordsworth, Christ. What an observing traveller can see to admire and enjoy on the road, grass, flowers, trees, as reminders of human beings, domestic and pastoral scenery, mountains, animal and vegetable life, sun and sunlight, latent enjoyments in himself. [ 95-104]