The Columbus journal., 1898-07-20
(O6cial.)

/ VV0uty SUpStvDOtS.
! tO6cial.)
| CoLUABus. Neb.. Tueslxy p. m. July T. 1893.
Board met in regular session ut 2 o'clock p. m.
Hon. Peter Bender chairman and G. ". Phillip,
! clerk. Roll called and the following member
present: Sup'rs Bechsf, kiernan. Lisco. Olson
wiesins and Mr.. Chairman. Absent. Sup
| Carris.
The minutes Of the June session Of the hoard
were read and approved.
/ Sup'r Lsco gave notice Of numerous com.
plants received. arising from the use By the
Irrigation Company of the ditches ON the Ne
| ridian road for the purpose Of conducting water
be referred to . committee Of three to report to
this board. Motion carried and chair appointed
Sup'rs Lisco. Becher and Virgins.
recess was nov taken for committee worn
| and for the purpose Of giving the special CON-
mittee just appointed an opportunity to investi-
gate and report.
Board reconvensl at O'Clock D. NJ. and the
| special committee submitted the following re-
port: o..
Your committee appointed to examine the
fered with by the Nebraska Central Irrigation
Co, would report that We have examined the
above road and find that said company are en-
ditch on the east side Of the road. In some
places they have the ditch about three feet in
depth. which We think Is dangerous and unsafe
| that proper legal steps be taken to prevent said
| unlawful use Of the public highways.
X. Y. LIsOO.
ID. A. BECHRR,
j. .WI6aINs,
COMMITTEES.
Moved by Sup'r Olson that the report Of the
committee be accepted and that the county at.
torney be directed to furnish this board BY 8
O'CLOCK a. m. tomorrow. his written opinion as
to whether said Irrigation Co. has the right to
che use Of the public highways for the purpose
Of conveying water along and upon said high
ways. Motion carried.
The following report was submitted;
|. Gentlemen-YOur committee appointed to ex-
anime the bridges and distractions ON the canal
or ditch running through Monroe township.
would respectfully report that ! have carefully
examined the same and find the bridge on the
south line Of section - poorly constructed. u
feet wide piles from To 6ii inches on the large
end. the smaller end being driven in the ground
and under water. The lateral runs along this
line and in one place at the southeast corner Of
section 8 occupies One-half Of the road. The
bridge on the east line of section is in the
bottom some IS inches; there are pine blocks set
on top Of these small piles to hold up the
bridgs, some of thsm on ent. and the bridge is
in dangerous condition. None of these bridges
are over Is feet wide The other bridges from
here to Lost Creek township are from fair to
good bot lack the lawful width.
Respectfully submitted,
JAMES kIERNAN,
COMMITTEES.
On motion the report Of the committee was
accepted and ordered filed.
Sup'r Wiggins notified the board that the in
surance on the court house building and fixtures
therein expired on July lst last and that he had
caused the came to be renewed in the sum of
s., ,0OOOO for term Of tive years
On motion of Sup'r Olson the action Of Sup'r
Virgins was ratified by the board.
All bills on file were now referred to their re-
spectivs committees.
Board now adjourned until . o'clock a.. m.
tomorrow.
Wednesday a. M. july l3, 1893.
Board met pursuant TO adjournment AT 3
o'clock a. NJ, the chairman. clerk and entire
board present.
County Judge r. ID. Robson and q. W. Phil
lips. county clerk. submitted Il report OF the
fees earned in their respective Offices for the
second quarter Of 1898 which Was read anu or
dered filed.
The following opinion was submitted:
o. Columbus Nebr., July Is. 1898.
To the Honorable Board Of Platte County.
Gentlemen-I will submit the following as
my opinion rs to whether an irrigation ditch
can be constructed over and through public
highway without having first obtained per
mission to do 81, OF without giving some for
NAL notice.
Section SO Of the Seomp,lesi statutes Of Isy7,
provides In substance that where the parties
cannot agree. touching the compensation
and damages" condemnation proceedings
may be had This Is the only reason why some
formal action must be taken by tie party Seek
ing To take anOther'S land 1Or irrigation pur
poses. But this rule does not apply wheIe no
compensation can he claimed, because section
forty OF said statutes provides that ANY per
son who being desirOus Of Construct Z such
ditch shall have the right Of way over and
through any highway In any county in this
state" for such purpose without any compen
sation therefor AS 10 whether such ditch
r::n be constructed upon and along public
highway, Is not SO clear.
Section 10 Of said statutes gives q party
through any highway" I would constIue the
wori right Through in said section 10 TO
mean upon and along"
Section So Of said statutes imposes Obliga
tiOns on parties constructing irrigation bitches
which provides ''that any person constructing
any ditch or canal upon or across any highway
shall keep such highway open for safe and
convenient travel, etc.
wOnld like to iave some Of the above mat
ters referred to the proper court for ajudica-
WILLIAM OBRIEN
Moved by Supervisor Olson that the opinion
be spread upon the record and that the county
attorney be directed to institute the necessary
proceedings, enjoining the said irrigation
company from using the public highways Of
the cOsnty or any Of them. by digging bitches
thereon and conducting water therein. along
aud Iengthways Of said highways. Motion
carried.
Supervisor Olson submitted the following
preamble and resolution;
Whereas, The personal assessment Of the
Bank Of CreStOn for the year 1885. was omitted
from the assessment roll Of Creston township
for said year. and
Whereas The time and hour having arrived
sloD. and Mr.. Wolf. the president Of said bank
having signified his desire and Willingness to
have the property Cf said bank placed OH said
assessment roll and the value therefor hHeh
and determined upon the same bas sis as values
are fixed and determined upon like property,
therefore be IL
Resolved. by the board Of supervisors OI
Platte county. Nebraska. that the clerk be
directed to add To the assessment roll of Cres-
ton township TOR the year 1895. the name of the
Bank Of CrestOp. and that the value OF the
capital stock Of said bank be placed aud liked
by this board at the sum OF ssss.3S. and that
che clerk be directed 10 extend The taxes there
on accordingly. NILS OLSON
ON motion the pI Gamble and resolution was
adopted.
The board now took recess for committee
work until O'Clock p. III.
Board recoHyened at 5 O'Clock all members
present.
Mr. Babcock, representing the Nebraska
Central Irrigation company. now addressed
the board ut length relative to the INJUNCTION
suit ordered instituted b. the board, and sub
mitted in con nect;On Herewith ihs following