Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1882-06-08
ToLL ROADS.
Dscislon u Judge 4. E. Pfickett in
the Case " Joseph n. Brooks, vs..
the County Commissioners Of Owyhee

00 COWly NO0u8SS00eIS u OWynee
County.
Avalanche. June 81
It will be remembered that in DC.
tober last, Joseph Brooks appeared
before the Board of County Commits.
sioners Of Owyhee County, by his At
torneys, Brumback & Catalan, ask
ing for license to collect toll on the
road hereinafter described; claiming
the said road to be the private prop
erty of the plaintiff herein. The
County Commissioners, by c. NJ
Hays, Deputy District Attorney, de-
MED that the said plaintiff had any
title in or to said road, culverts, cuts,
bridges, embankments, and improve
ments; that the County Commission
ers could not lawfully grant license
to the claimants of toll roads within
Idaho Territory. The Commission
ers refused to grant the license asked
for, when it was stipulated by the par
ties that the District Attorney should
make an agreed case with the plain.
tiff above named and sui NIT the
same to the Judge of the District
Court of the Second Judicial Dis
trict Of said Territory. The decis-
ion was rendered last week, and is
as follows:
james Brooks, plaintiff, versus the
County Commissioners of Owyhee
County, defendants.-In the District
Court Of Owyhee County. 1t ap-
pears from the agreed statement Of
facts in this case that, by an act of
the Legislative Assembly Of the Ter
ritory Of Idaho, approved January 3,
1866, Silas Skinner, Peter Donley
and James Jordan, their heirs, sue.
cessors or assigns, were granted the
exclusive right to establish and
maintain toll-road from Ruby City
to the boundary line between Idaho
and Oregon. This privilege was to
extend for the term Of Is years from
and after the approval Of the act. 1t
further appears that the road was
constructed by said grantees Skin
ner, Donley and Jordan, and that in
January, 1879, the plaintiff, BY title
deraigned from them, became the
sole owner Of the road and franchise,
and that he was such owner at the
expiration Of the fifteen years from
the passage Of said act. The ques-
tons to be decided are as follows
Is the road, with the cuts, embark
ments, grades, culverts. bridges and
other improvements the private prop
,ry of the plaintiff, or of Owyhee
county, or is it free public high
way? And is the plaintiff entitled
to compensation for the road, or the
cuts, embellishments, grades, culvcrts,
bridges and other improvements?
The right Of the Legislature to
grant this franchise is not ques-
toned, and it must he held as a con.
clusion of law, from the facts stated,
that the act of the Legislature, when
accepted by the grantees, constituted
a statutory contract by the terms OF
which Skinner, Donley and Jordan
agreed with the Territory to make
and keep in good repair road over
the designated route, tor the period
OF fifteen years, for the tolls which
they were by the act authorized to
charge, and the Territory gave them
the right to charge such tolls 70,
passage over the road for that period.
It follows as legal result that at
the expiration Of such term the con.
troll OF the road would revert to til.
sovereign which originally gave the
right to a private party to construct
it for the public use; and that the
free use Of such road be in the PEG.
pie thereafter. The act Of the Leo
islaturc, approved February l, 1881,
concerning roads, Ii shways and pub.
lie thorouehtares, was passed sub.
sequent to the expiration Of the
plaintiffs charter. and it provides
that 'all roads or highways laid on,
or now travelled in the
several counties Of this Territory are
hereby declared coun' y roads," The
road in question is therefore coun.
ty road. The bridges, culver,s,
grades, cuts, embankments and other
improvements upon said road are bu,
constituent parts and parcels of it
and are not the property Of the plain
titf He is not entitled to any com
pensation therefor from the county
having received in tolls all that the
contract entitled him to receive as
compensation for building the road
and maintaining during the period
of his charter.
II. E. PRIcKE1r,
District Judge.