| Show Is the county court right the question of whose duty it is to construct and maintain cul verts across roads where the ditches were we re in use prior prior to the opening of the roads came up m the commissioners court is county last mon monday day after considerable sid erable discussion it etwas was decided that the owners of irrigating ditches must put dinall in all culverts cu lverts an ani 1 the same in repair re gard less of whether the road or the ditch was made first if the commissioners of davis Da county are right in their construction of the law a number of bridges across ditches and canals in this county which are now liepa up by the public should be maintained at the expense of the ditches and canals if such were tile case quite a burden would be lifted from the public and thrown upon individuals the law upon the subject reads as follows 2083 s 19 owners and users of canals ditcher or sees which now are or hereafter may be constructed across any public highway are required to restore such highway to as good and safe condition as it was before such canal ditch or see sec was constructed by building a bridge or such other suitable crossing as may bo be determined by the court or road supervisor A failure to construct and keep in repair such bridge or crossing 0 as and when required by the county cou nty court or road supervisor er visor is a misdemeanor the rho above section has usually j we believe boon been construed to mean canals and ditches which have been constructed across public highways and not those across which public highways have been constructed it is not perfectly clear just what the statute does mean in this case and as we do not consider ourselves more than third or fourth rate authority on legal questions wo we submit this to our legal luminaries for a solution as to whether the hon commissioners court of Da is right or ar wrong r ong upon this point wasatch wave W ave |
