Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1900-07-18


The following report of Samuel
Porter, attorney for the county in the
litigation relative to bonded road No.
l, was received and placed on file:
WILLMAR, Mimi. July 9th 1900
TO the Honorable Board of County Commits
SiOnerS, Willmar, MINI.
Gentlemen: In regard to the litigation COM
ty, would report that the matter was thor
Oughly tried in the district court where the
learned judge held that chapter 3O2 of the gen
eral laws OF this state for the year 1885, and
under which the road was laid out over and
across certain portions of Foot Lake by your
predecessors, was unconstitutional and void
by reason OF the fact that said law was in con-
traVentiOn OF section of article of the con-
stltutlon of this state, and deeming the matter
OF Sufficient Importance to the people of this
county and generally appealed the case to
latter court has recently rendered a decision
sustaining the uncOnstitutionality of said law
and restraining the issuance Of the bonds
which were proposed to be issued under said
law for the purpose OF paying for the road that
has been so laid out. The principal point upon
which the court decided the law contrary to
the provisions OF the constitution referred to
was that rural roads were not public improve
ments as contemplated by the provision of the
constitution. understand that there are Or
ders'still outstanding that have been issued by
your honorable body in payment of the con
struction of this road, and it seems but fair and
honest that some way ought to be provided
f for the purpose of paying the orders SO out
county, or at least part of them, will have
the benefit of the road that has already been
constructed under this his. law that the courts
have held was null. This case was very ably
argued by different counsel who were inter-
eSted in the law, as it was q matter not only
affecting the rights of the plaintiff in this case
but the people generally throughout the state
by reason OF the fact that it the courts had
held the law good rural road could be laid
out and constructed anywhere through the
q az
benefited by the construction of the road be
compelled to bear the entire expense of the
construction OF the same which is at present
contrary to the former policy and laws of this
~. SAMUEL PORTER.
+. The following applications for ap-
preparations from county road and
bridge fund were presented, read and
considered: -.
Town of Harrison, Town of Lake
Andrew, Town of Edwards, Town of
.COlfax and Town of Roseville.
And on motion the same were al
lowed in the following sums: ~
Harrison application. ............... S175 90
Lake Andrew application. ............. IT'S 90
EdWards application. 200 90
COlfax applica ton Observation-Disclosures. $50 90
HOSeVue appncaClOn. ......... l5U W
Above appropriations to be expend-
" uAuef Gue ulrecGlOnS OF COmmlGIeeS
appointed from members of this board,
and the following committees were APP
pointed: zs5
For the Harrison appropria alton,
Commissioners Fieg and Quist; for
the Lake Andrew, RoseYille and Col
fax ppropriatio ns, Commits toner's
Reigstad and Smithson; for the Ed
wards appro alton, Commissioners
Quist and Haines.
On motion a recess was taken until |
$50 o'clock q. M, July II, 1900.
July ID, 1900. The board met at $50
o'clock a. M. All members present.
On motion it was decided to allow
the town OF. Kanei Vohi an appropria
ton from county road and BRIDGE
fund of $1,000.
On motion the following resol utionl