The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-17
THAT BIKE TOLL TRACK
The Project Seems to the Board
to Be All Right.
Mr.. YANCEY'S OPINION
He Suggests a Modus Operandi to Be
Followed in Granting the Franchise
That Ex-Governor Richards and
Others Petitioned For.

Richards and others for a franchise to
construct and maintain a bicycle toll
track from the city limits to Lyndale.
in the Nine Mile canyon. was up for
consideration before the county COM
m%issioners yesterday. No final action
was taken on the petition, but the three
commissioners seemed very favorably
inclined toward the scheme. The pro-
posed franchise, as submitted by the
petitioners, had been referred to the
county attorney. and Deputy Dan Yam
cey gave the commissioners the follow
ing opinion pm IT.:
your proposed resolution granting
highway privileges for bicycling pur-
poses to John +. Richards, which you
yesterday referred to me for an opinion,
/ have investigated.
II will first say that section 1882 Of
the political code requires parties ask
ing for a toll road to publish in a news
paper for four successive weeks a no.
tice specifying character of road. etc.,
before application is made to the county
commissioners, and section 21S4 provides
that all residents of the county, and
others interested, may appear and be
heard before the board grants the fran
chise. / do not know whether the law
has been complied with in the matter,
as above set forth, or not.
81 will also call to your attention that
in the proposed resolution there is no
mention of time that the franchise
privileges are to exist. Neither is there
any consideration mentioned therein.
See latter part of section 27S9, political
code. Neither does 1t make any pro-
vision tina this toll road will be kept in
repair. See section 1892. political code.
Again, in my opinion, a provision
should be inserted providing that if not
used for the space of some certain
time. as. for example, one year. then
the franchise is forfeited. This for the
reason that the public have some in
terest. and If the party to whom the
franchise is granted does not keep the
road in good repair or allow 1t to be
used, then other parties might desire a
franchise.
Again, I believe that the franchise
should be granted to John +. Richards
and his successors and assigns, pro-
vided. however. that he is not to assign
or transfer the proposed franchise eX-
cept with the consent of your honor
able body. for the reason that the grant
TO him is a personal trust which prob
ably you will grant to him by reason OF
your faith in his personal integrity;
while if he is allowed to transfer the
same without your consent, there is a
possibility that some n would event
ually own the franchise who be
Objectionable to the public who will use
the proposed highway.
I'm case you grant the franchise pro-
vision should be made as to the kind
of fence that should he used. l would
suggest that no barbed wire should be
used in its construction; neither would
lumber. in my opinion, be a proper
fence. for the reason that ii would OBJ
struct the snow during the winter
months and cause snow drifts in the
part of the highway used for wagons"
A young attorney representing h pc
titioners was present and discussed the
matter with the commissioners. He said
the petitioners would be willing to ac-
cept any alterations the commissioners
might propose.
He said that on a rough estimat
there were about 5000 bicyclists in
Butte and he thought they were not
asking very much when they asked for
- feet off the county road for a bicycle
track.
T. L. Baker. the county surveyor and
road supervisor, said that the only
thing he could suggest against the
franchise was the fact that the county
road was only 80 feet wide and that
he had been working for some time TO
get 40 feet more from Butte to the Five
Mile house SO as to widen the DAD 20
100 feet. He thought some of the own
ers of the land nigh object to giving
the 40 feet If II were given for a toll
track. The commissioners said they
had been laboring under the impress
sion that the road was 100 feet wide.
and when they learned hat il was not
they suggested hat action on the
Richard petition be deferred until NJ.
Baker had secured the ground he was
after To widen the street. The repre-
sentative of the petitioners said hat
II there was any objection to 4
track along the county road which run
by the road houses they would take a
franchise for the road running along
the foothills and build their toll line
from the race track to the Nine Mile
house. He said that in many respects
that road was preferable anyway. A
doubt was raised as to whether, under
the law. the county could grant a fran
chise to collect toll on a public roa1
Mr.. Baker thought IL could not be done
and the commissioner said they would
look into the matter further. They
said. If they would grant the franchise
II would be for only 10 years, and wouli
provide for "A fence along il. to be an
proved by the board, and tina the track
would ave TO be open along all private
property n at road crossings. 1t was
stated that there was still another Pc
tition being circulated for a bicycle
track which would shortly be presented