Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1882-02-17
TOLL ROAD DECISION.
uudee Prickett Holds that all Toll
Road Franchises Granted Since
Warcl z. 1867. are Illegal.


March 2, 1867, are Illegal.
His Honor Judge Prickett recently rem
.lered decision that will be read with
preat interest by the people of Wood Riv-
4. as it plainly shows that the so called
Wood River Toll Road Company have no
right to levy toll on travellers over their
road. The decision is timely, as this sec
lion was threatened with this toll road evil
10 such an extent as to jeopardize its de-
yelopment. 1t is probable that, as in the
Ease Of the Columbia and Beaver Compa-
nies Whose grade across the Sawtooth
Range is said to have cost all of $15,000D
some hardship will result from the decis-
ion; but, on the whole, it will rebound to
the benefit of the public. Following is
certified copy of the decision:-[M Miner.
In the matter OF the petition of Michael
]ordan--Controyersy submitted upon an
hgreed statement Of facts, without action.
The facts in this case as they appear in
the agreed statement are as follows:
That during the years 1874 and 1875 the
petitioner Jordan, having complied with
lll the requirements of the Territorial
Statute of December 90, 1864, and all other
laws relating to the same subject matter,
CONSTRUCTED, with the assistance of others,
Eat an expense of about $4,000, wagon
broad from Trout creek to the town of
II South Mountain, and having applied to
Il Hhe Board of County Commissioners of
MOwyhee county for license to collect
tolls on said road, the said Board granted
10 the said Jordan license to collect
tolls on said road for the period of five
wears which license was issued to and ac-
cepted by said Jordan, who proceeded
III thereupon to collect such tolls. Soon af-
ter the issuance of such license the South
M Mountain Mining District failed, and with
the exception of a few short-liyed efforts
to renew operations therein the following
gear, remained practically abandoned un-
#til the year 1890. During this interval
there was but little travel over said road
and no tolls were collected thereon. Upon
fhe revival of operations at and near
South Mountain said Jordan, whose orig
#lnal license had expired, applied to the
ssF E@ Board for a renewal of the same. and the
sRald Board in October, 1880, made an or
tler of renewal for a period of five years,
Out through inadvertance failed to fix the
amount of bond to be given, and, in con.
sequence of such failure, no license was
issued The said Jordan lately applied to
'he present Board to remedy said error
but, being in doubt as to its power, or
that the question be submitted tc
9he Judge of the District Court for decis
on.
1t Is further agreed by the parties, as a
ACT, that the said road is upon and ex
ehas over the unoccupied lands of the
United States
H Inc question Of law involved, and upon
Shlch decision is required, is, whether
Y p not the Board of County Commission
n Eis mas the power to fix the amount of the
'ona to be given by the said Jordan, so as
enable him to make effectual the renew
' vi MS license, granted as aforesaid.
Inc system of licensing toll roads
lases and ferries in this Territory by
ie boards of County Commissioners o
~ several counties thereof, was 'estab
isned by an Act of the Legislature in re
thereto, approved December 20
o'4' The first section OF that Act is a
oilows; "lt shall be Law full for any per
on or persons, comp any, corporation, o
ssoela'lon, having the right of soil, o
,ie consent of The owners thereof, or TIN
, 's"'s OF way over any land, river, creek
""'ilp raVlne, crevice, or precipice, tt
ous'fuct wagon, plank or turnpike roads
a'ls' or to build bridges and establi 81
'iieS' as in the Act provided, at his o
E#he'f own expense, and he or they shal
'oeiVe such compensation, in tolls, a
E"'5 oe reasonable and in accordance will
he provisions of this Act" E.s
E me subsequent sections of the Act pro
| ''e ior and describe the mode Of givin:
E'Hcei making application for license
HNing of the rates of tollto be charged
amount of tax to be paid for the il
"sei lhe amount of bond to be given
H*% issuance of The license l,y the Clerl