The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-09-13
From Tuesdays Daily
THE RIGHT OF WAY.
The Agreement on Which the Arbi-
.... ii traitors will Make their
@ |'iA r4sa"s Findings. .4g .t5g -Ipr.

As the Board of Arbitrators will be at work
in a day or so to settle the price Of the placer
mining ground between this city and Silver
Bow, we publish a full text of the agreement
signed by the claimants to the ground that
our readers may be fully informed as the mat
ter progresses toward a fnality. The agree
ment witnesseth that whereas the parties of
the first part, (whose names are appended to
the original document,) are the owners of
certain placer mining ground on Silver Bow
Creek, and the second parties, Messrs.
D'Acheul and Foster, who desire to obtain
title to a certain portion of the said land for
the use of the Railway Company, and as said
parties are unable to agree upon a price for
said property, and desire to have the same
fixed and determined, and as said Railway
Company now have a line for said road
staked over said ground or portions thereof
Now, therefore, in consideration of the sever
al and mutual promises and agreements here
in contained and the premises it is, by and
between said first and second parties coven-
anted and agreed, as follows:
That Immediately and forthwith upon the
execution of this instrument said first parties
will select and nominate one man, expert
enced in the business of placer mining, as it
is conducted in this Territory, and who has no
property interests in Silver Bow County or
the city of Butte, and who shall be the choice
CT a majority of said first parties present, at a
meeting which they nere.s a ZEE to hold
Immediately upon the execution OF this in
strument, the minority at said meeting or not
present or not voting hereby binding them
selves to submit to the choice of said major
ity, and to raise no objections to said choice
in any other place.
The instrument next recites that the parties
of the second part, (Messrs. D'Acheul and
Foster,> shall nominate and select a man with
the SAINT conditions imposed as those applied
to the man selected by the first party. e.
he must have no property interest, etc. Thai
Immediately upon the nomination of said two
| men, they shall select a third man who has
2 no properly interests as aforesaid, and that
, said three men so nominated shall consti
tute a Board of Arbitrators.
3 The powers and conditions e%njoined Oh the
Board of Arbitrators are: All questions shall
be settled by a majority vote of tie Board
= The Board is to thoroughly inspect the sait
placer mining ground owned by the first par
ties within forty-eight hour after their mum
Der is completed. That within twenty -fon
hours after their appointment they will ap
point a time and place, (Which time shall b.
within twenty-four hours), Of meeting; ALI
at which time and place will hear all evidenc
9 which shall or may be offered by the partle
" hereto, or either or any of them, relative t
the value of sad property and the damage
accruing to it by reason of the constructio
a of the Railway as herein set forth. Thu ev
dence to be submitted within forty-eigl
" hours, after the calling of the meeting, an
the said Board shall be in session for forty
eight hours, except when adjourned for meaI
It and sleep.
"a The board shall fix and determine a un
form price per foot or per hundred feet Iiiea
measurement of the separate land of eac
. claimant, for a roadway for the Railway lift
feet wide. The board Is to make a write
report of its findings, and file the same Wit
u a trustee, and the first parties are to eXecu'
III quit claim deeds and deliver the same to tt
trustee aforesaid to the land so arbitrated OF
ID and hat the said deeds shah run to Lee v
'e Foster and Henry A. D'Acheul.
After the report of the findings of u
board of arbitrator the party of Il
lie second part must signify their intention
take said land and pay the consideration, al
if the party Of the second part dc not pay u
~ considerations of the findings Of the boa
III of arbitrators then the instrument is to
null and void.
~ No appeal is to be taken from the award
Ie the board to any other tribunal or court. III
document is signed by all the Landowners b
V. tween Silver Bow and Butte intereste!
a. parties of the first part and by Messrs. F"st
anu D'AcLeul, the parties of the second pai
BASE BALL.