No. 4.] HIGHWAYS. 219 



applies not only to highways that have been originally laid 

 out by municipal or State authority, but as well to high- 

 ways created by prescription. 



Of course property taken for lay'ing out or relocating high- 

 ways must be paid for, and the damages caused by repairing 

 or raising or lowering the grade of a highway may be re- 

 covered by the owner. 



If a highway is founderous, or so far out of repair that it 

 is impassable with safety to the traveller, he may proceed 

 over the abutting land without being guilty of trespass, but 

 this is not a right to be lightly invoked. Mere conven- 

 ience will not warrant such a deviation. It must be a case 

 of real necessity, and travellers are held to strict account- 

 ability in this regard. 



Massachusetts State Highway Commission. 

 Ten years ago this winter our Legislature established the 

 State Highway Commission, and gave it power to lay out, 

 construct and maintain such State roads as they might de- 

 termine the public necessity required. The wisdom of this 

 legislative action has been amply justified by the excellent 

 results attained. The object of this legislation was not only 

 to increase the general facilities for travel in the Common- 

 wealth, but also to afford the more thinly settled and less 

 wealthy conmuinities, which cannot afford to construct a 

 first-class road, the benefit of at least one good highway. 

 Not an inconsiderable incidental benefit from this law is the 

 example of good road building afforded the towns, and the 

 impetus thus given toward the betterment of all other high- 

 ways. The whole expense of these roads is originally borne 

 by the State, but one-quarter of it is ultimately repaid by 

 the county where the road is located. The system is being 

 introduced in a conservative manner, and its gradual exten- 

 sion year by year will bring an increasing number of miles 

 of road within the control of the State. An annual appro- 

 priation of half a million dollars affords ample opportunity 

 for the consummation of this great public improvement. 

 The honest, prudent, intelligent and conservative attitude 



