The Wisconsin tobacco reporter. (Edgerton, Wis.) 1877-1950, 1900-12-21
The Vital Point in the Road Case

No matter how often the town is beat
en- in the road case there are some people
who continue to cry out "Pomeroy's
fence is in the road" Undoubtedly
most people believe that this road ought
to be on the quarter line of the section
and the intent was to put it on that line.
Ii this view is correct, the vital question
must be, where is the quarter line? In
the survey made by Rugerin 1871, which
was the survey on which the town of
Fulton based the cases against me, his
line at the south side of the section is
midway between the corners of the sec
ton, but instead of running parallel
with the sides of the section or midway
between them, it runs diagonally across
the section, SO that at the north side of
the section it is four rods east of the
middle, thus making the west side of the
section eight rods wider than the east
side. Is it any wonder that such line
should conflict with all previously estab-
lished lines, as it certainly did? Not a
single fence along the whole length of
this road corresponded with this survey,
and the only fence that now is or ever
has been on the Ruger line is the forty
rods of the Heddles farm, running from
their house south to the south side of
their land, and while all the fences on
the east side were, and still are in the
road according to this survey, | alone
was selected as the victim. In his rec
ord of his survey Ruger says he found
remains of government stake and where
stumps of bearing trees had been dug
up. He does not say that he found the
stake, nor that he found the trees, nor
even the stumps of the trees.
The record shows that the distance
across the north line of section is 81
chains and that the north quarter cor
ner is 40 chains and SO links from both
the northwest and northeast corners of
the section, or midway between the cor
ners. This record was not produced in
the trial of the case of Pomeroy VS.. He'd
dies, as it should have been. That case
was not properly conducted by my attor-
ney and practically went by default.
This road matter thus resolves itself into
this simple proposition. Which shall
determine the location of the quarter
line, the supposed remains of rotten
stake, the location of which is known to
be wrong or, the record of the govern
ment which is known to be right? Re
cent decisions of courts in Wisconsin
point Enthusiastically to the conclusion
that this quarter line is and of right
ought to be midway between the sides of
the section. This would make the quar-
ter line one half rod west of Heddles
dooryard fence, and would not only
make all the land in the road as now in
closed belong to me, but a strip one half
rod wide inside of Heddles inclosure as
we'll. This also shows that when He'd
dies moved his fence one rod east, had
he moved it that distance west instead
he would have placed it exactly where it
belongs. The Ruger survey ,cut both
ways on the Heddles land, and while
they moved their fence onto the Ruger
line very soon after the survey, where
they would gain by SO doing, they have
not yet put them on the Ruger lines
where they would loose by so doing.
Their fence on the east side of the road
is now in the highway according to the
Ruger survey, as is also the fence on the
north side of their east eighty, and
have no knowledge that any one in the
town of Fulton has ever suggested that
these fences ought to be removed from
the highway. The facts here set forth
are matters of record, and cannot be
controverted. FL. S. POMEROY.