The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1897-03-28

quaint W u FNWAf'N hlll DiilHI AfNfaT
sary proceedings. the County Court
laid this road out and declared II
10 b. county road, A petition was
filed asking the county 10 open IL
up. Viewers were appointed and the
road was properly surveyed and the
report OF the viewers was properly
filed
AZ 10 whether or not the statute
was strictly followed 10 that proceed
lngs II rendered Unnecessary by the
subsequent proceedings.
on IN. 18th day ~ January. 1883,
James Taylor and Esther Taylor. his
wife. executed a deed 20 Clatsop coun-
~ conveying and defeating 10 the
county for road purposes strip Of
land 20 feet wide running from the
northeast corner of the donation land
claim Of 8. c. Smith.
The description Of this dedication ls
identical with the survey OF the
Smiths Point road leading from the
northeast corner Of the s. c. Smith
y. L. G.
On the 10th day OF February. 1888.
the County Court accepted this dedi-
cation and the deed WA recorded on
that date IN book i2. page 2l7. rec
ord of deeds
Later on the same parties appeared
before the court and executed another
deed. but II did not affect the deed ex-
ccuted In January. 1883. above referred
TO- - far as the legality Of this road
Is concerned; II only made some slight
changes in the location Of Il.
This road has been used continuous
~ since Il was laid out In 1881
On December T. 1898. ind in book
s. page 262. County Court Journal.
that the County Court made an at
tempt 20 vacate this road. The record
shows that the matter came on for
hearing on the petition Of twelve
householder who resided In the vicin-
lty Of the above named road. and also
upon the petition of the Peninsular
Land a Trust Co. The record also
shows that notice that a petition
would b. filed on that day had been
published four weeks as by law re-
quired.
am Of the opinion that this pro
ceeding attempting TO vacate the road
In controversy Is null and void.
II Is the universal holding of our
court that .in tha matter OF laying out.
yacs,lng aud establishing county
roads. the county courts are Of in
feror and limited Jurisdiction and
their records must afiilrmatlvely show:
l. That jurisdiction was obtained
over the subject matter The statute
requires. before any county road can
be- vacated there must first be filed
a petition signed by twelve house
holders residing In the vicinity OF the
road to be vacated.
. Accompanying that petition must
be legal proof that notice has been
given by advertisement posted at the
place of holding County Court, and
also In three public places In the vicin-
ty OF said road. thirty days previous
20 the presentation Of such petition.
notifying all persons concerned, etc.
that application Will be made to the
said court at its next session for va
cation Of said road
Upon presentation OF such petition
and proof that notice has been given.
the county court Is then required 10
appoint three disinterested house
holders as viewers, who are required
10 vfew the road and make their re-
port at the next term OF the court
thereafter.
At the next term OF the court all
persons interested have a right to re-
Ulonstrate.
The record In this case wholly fails
ITO show that the petition for the va
cation OF the road was signed by
twelve householders. 1t fails to show
that notice was given thirty days pre-
vious 10 the presentation Of said petl-
ton. No viewers were appointed; no
report was made by them; the report
was not publicly read on two different
days Of the court.
There are number of other objec-
tlons equally fatal, but the above, IN
my Judgment. is entirely sufficient to
render the proceedings vacating said
road null and void. and the same is
still county road.
Very Respectfully Submitted,
G. c. FULTON.
There are other STREETS which need
repairing. to save the city damaSe
suits, such as Bond street, between
sixth and Twelfth and Commercial
between Sixth and Eleventh, and II
is understood that as a mere matter
Of safety necessary repairs will be
,,ndartalxen at once