Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1888-01-17
A PEuLIxe ana

y, is fall Of brilliant possihillties. Th
veto is certain.
/ A PUxxLINo RUEk
4 HfLL WHICH has THnKR TTnKH nru
AzEERnED 10 TMK COUNCIL SUDacE-
AKx ooMNKrTRM.-KTa RxrRA-
0RDNARx PRovmIoNs.
OLxMRIA, Jan. I6. - (soesiall :.
The biii intFoduced by Mr.. Poster
for the condemnatioa Of properly 70
rights Of way for IoepinR roads o
ohutes. Which vas passed On Thursda,
lash reeoneidered and again referred &
tue Judiciary COMMITTEES Fridsy an
again reported from THAI COMMITTEES OF
saturday with favoEable reoommen
catiOn, waB referred 10 the oon-
mittee today for the third tins. The
bill is 30 radical IN many Of its features
that @ brief Outline Of lts provisions
viii likely prove Of interest. The bill
vas printed privately and before it Wal
introduced.
The right 60 have property condemn
ed accodiDR 20 the provisions Of the
bill is extended 20 'any pers0a oE per
sons, hfm, company or corporation
ownlnR or controlling any timber lands
OF growing timber on lands.n A peti-
ton shall be hled vita Ihe clerk Of the
board Of county commissions Of the
proper eounfy, with "a map sho sing
the location and extent Of the land /.
wheFe0n tue timber Ia 10 be removed,
tue point or place Of location Of the
proposed terminus Of said road, the
place where The said road is 10 begin,
the proposed direction and most cor
rect and most feasible route for seid
road or chute 10 run and the
names Of the persons 10 aotuai posses
sion Of any Of the lands through which
said road OF chute would have to be
built-fr0m ita place Of eommencement
10 It's point Of termination" These ia
no references IN this 80 che owners or
10 sees Of the property. The bill does
not consider the possibility that the
actual possession" may be unlawful.
The petition mast state under oath the
estimated amount OF mechantable tim
Der growing or being on the lands Of
the applicant. as designated on the
map; that there is no other Ecad or 60
quifed Eiget OF way from said
lands to dFigable tide, OF nsviQabie
waters or railroad, wherein or wherby
said timber can be moved
or handled to markets that
said proposed road or chute is neces-
saFy for the removal Of said timber." /"
The applicant must give bonds to Sc
cure payment OF all costs and expenses
incideut 10 surveys. OF course tue ap-
plicanf must build the road or chute al
his 0wn expense.
The clerk shall then tissue a notice
10 each person 80 shown to be IN actual
possession Of any OF said lands a.
shown BY said map notifying them
Of tbs application made for rights Of
way and for the appointment OF view
ers. The bill provides complete form
for this notice. The real ouners are
egafn ignored. The notice requires the
person to whom Il ia addressed. namely,
the person 10 actual possession, so ap
pear and hle your claim f0T any dam
ages thai you may consider you viii
sustain" and 20 show cause II any,
"why said RIGHT should not be located
sa By said msp shogn and projected" /"
The hearing shall be not leRs than thir-
/ ~ days after the hiinR Of the petition,
OF later than a day certain during q
regular meeting Of the board Of CON-
missioners- Tbs bearing nay Be con.
tinued az request sf applicant fer road
IN order to oomplete service Of notices.
The service Of the notices Is stated By
the bill shall be she same as service oi
summons In o civil action Ia tue dis
trict court, non residents 10 be served
by publication and By leaving q copy
With the person actually occupying the
lands. The facts set forth in she pstt.
tion must be advertised By the clerk fol
three weeks IN newspaper Ia the prop
or county, or. II no PAPER, then IN Onl
In adioioing county.
Section seven 10 a little in0snious. Ia
ESSENTIAL fest0res are as foliovs: "Ai
anf time after the Qualification and ser
vice Of said notice and beors the day
set for The bearing Of ihs petition snc
| appointment Of the viewers, any per
son 20 Whom any such notice is direct
| ed, if snch person own any interest," u
anv OF ere lands or any pers0E
owning any interest in any such lands
shall hsve tie right, II such person .,
desire, ITO file a complaint with ihs
clerk which may state. aD0ug otbel
things, the aBoans Of damages Whici
he or she may deem such lane would b
inj1re9 by the IN ia ne of said Eoad oi
ehate, the complaint 70 be verified.
Then the section concludes: "And Il
case no such compiaint shall be madl
In the manner end time IN this seosisl
provided. no sotioa for damages fol
such right Of wsy, or suit 90 saiicn To-
change Of location Of said road shsl
thereafter be aiiowe4 &C maintained II
any court 10 this territory" Toe obi.
Rafion 90 secure compensation 10 shift.
ed fr0n the nan who takes u 20 tbl
/ nan whose properly is tsken, and ID
latter must maks q claim for eomp<usa
tiou before q certain day, or Be f0rsvel
barred from recovering aDythtDa. Ihl
| board Of commissioners, s'immediately'
after the expisaiton Of tbs "hcaF sol
for fling Of compla nts for damages.
shall rrOosed 70 appoint thrse disi1tef
esied vis9ers, enc Of whom shall be /
practieai (in isAlics) snFvsyaz and resi-
/ dent of this territory, one pgsetica
/ IunbeFmsn and Logger, sesioeDt ane
householder Of the proper cOanty, whs
/ shall be swoFn as 30 their duties.
The viewers viii thea begin g the
poins desinnatsd On ths petitioners
/ man. and loeafa TIE FiQht Of way thirty
fees vide 70 the terminus - tied b
fhs pesitioneFis map. where, TO estao
| lsh . point foF eut % cover whiah
wguid require mors than thiFty feet d
frfsha AZ wav. tbe vie8eRs shall
a. raaifionsi 4 eht cf wsy saffciens fol
sush ruruosea. The Fiahs % way Ia NJ
csse sail Be iscated. exeeDt b e1nssnf
thr0aqh 3 dooF yard, barn yard o. RF0g
ina orchard. Tne viewers o. eouutI
1 authorities cannOt ehange the beRiuntnl
- assualnaf notnts Of the proposed read
/ acooRdina 30 ne ao0ge-"
where c0Dpiainis foF damages hasI
hseu hiad, ths yiegers shall detefminl
hou m1eh les vAlaaois ''snck prsuis
viii be rsDasEsd b. t1s opsninR Of thi
propassd road Or ehnte. wh5sh an0nn
thsy shAll fx e. e0upsatnaat's damages