Jasper County Democrat, Volume 6, Number 20, Rensselaer, Jasper County, 22 August 1903 — OBSTRUCTION OF STREETS IS ILLEGAL. [ARTICLE]

OBSTRUCTION OF STREETS IS ILLEGAL.

At the request of several citizens and readers of The Democrat, we herewith publish a few references from the Revised Statutes ~ and court decisions regarding the obstruction of streets and highways for private purposes. The powers of a town or city council are purely statutory, and they have no power whatever to turn over the use of the public streets or thoroughfares for private use; Whoever, in any manner, wrongfully obstructs any pnblic highway shall be fined in any sum not more than SSOO to which may be added imprisonment in the county jail not more than three months nor less than ten days. Sec. 2043 R. S. 1084 The statutes giving a civil remedy for obstructing a highway does not repeal this section. Harvey vs. State, 5 App. 422, A public street is a public highway, and a sidewalk is a part of the street, and public highways belong, from side to side and from end to end, to the public. State vs. Berdette, 78 ind.. 185, ' ’ The right of an adjacent proprietor in and to the highway is one which the Legislature cannot take away without compensation; nor can municipal corporations devote streets to private purposes. Corporations may be prosecuted by indictment and information for erecting, continuing or maintaining a pnblic nnisance or for obstructing a pnbie highway. R. S. 1884, Sec. 1870. All that is necessary to a good indictment for obstructing a public highway is to allege snch facts as meet the requirements of the statute. It need not allege a criminal intention, and the fact that a corporation may be compelled by mandate to remove an obstruction placed by it in a public highway is not a defense to a prosecution for maintaining such obstruction. State vs, Baltimore etc, R. R. Co. A pnblic street is a public highway aDd the wrongful obstruction of a public street is a misdemeanor and is punishable as such under the provisions of the statute. The erection or maintenace of any structure for private use, such as an enclosed passage way over and above a public street or highway, is a misdemeanor within the meaning of the statute and is punishable as a public uuisance, A city has t|6 power to authorize the construction of anything which when constructed, will be a pnblic nuisanee. Pettis vs. Johnson, 96 Ind. 138. An abutting owner has certain recognized rights as to the use of the highway for the transfer of articles to and from his property, bnt he cannot, as a general rale, make use of a part of the highway merely because this will enable him to conduct bis business more advantageously. It has accordingly been held that it is improper to occupy the highway for trade or market purposes, and so stands or booths for trade, although erected by abutting owners, have been held to involve an improper obstruction, as have show cases and weighing scales, nor can t*e highway BS USED FOR A FAIR OR AN AGRICULTURAL EXHIBITION. A.&E. Eneyc. Law, VoLIS, P. 500.

For Rent: The house formerly owned by Peter C. Wasson, on Franklin street, until March Ist. Good house of 9 rooms, barn and all necessary out-buildings.

L. H. MEYERS,

Rensselaer, Ind.