Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1900-03-16

PROCEEDINGS.

The Board met pursuant to ADJOURN
ment at IL o'clock q. m. on March 5th
1900 Present O. Transtrum Jr. CHAIR
man, Constant Webster and P. Lindsay
Commissioners and James f. Hart
Clerk, when the following proceedings
were had to-wit:
In the matter Of the petition Of James
Ell Pierson ct. al. asking for the open.
ing Of public road from Miles Viewers
house gate to the north boundary line
of the city of Montpelier, Bear Lake
County Idaho The viewers heretofore
appointed to view, survey and make
their report upon said proposed road,
having ON the 18th day of February
1900, filed their report, and the hearing |
on said report coming on regularly to
be heard and it appearing from said re-
port that J. ID. Williams, r. l.. Bur
goyne and w. T. Perkins do not con-
sent to the opening up of said road, and
! it further appearing from the records
of said County that since the appoint
ment of said viewers I d. Williams has
conveyed the land through which said
proposed road would run to Mumford
| Brothers and that they do not consent
and it appearing to the Board that j.
D. Williams, L. L. Bnrgoyne and w.
t. Perkins and Mumford Brothers have
each and all been duly served with
notice served upon them personally of
the time and place of this hearing and
the said e. L. Burgovne, w. r. Perkins
and Mumford Brothers being personal
ly present at this hearing, whereupon
John A. Bagley Esq. as attorney for
the nOn-consenting land owners upon
special appearance filed his motion to
vacate and quash the notice served up
on the said non-consenting land owners
which motion was submitted without
argument and ovefruled by the Board
whereupon the Board notified said nom
consenting land owners in open session,
and their attorney, that they would if
desired by them adjourn unto such time
as they might desire to enable them to
furnish evidence in opposition to said
road, and upon the question of damages.
Thereupon said non-consenting land
owners and their attorney declined to
proceed further upon said hearing and
withdrew, whereupon evidence was
heard from the following named parties
after they had been duly sworn upon
said petition as to the necessity there
fore and the damages resulting to the
non-consenting land owners by reason
of said proposed road being opened up
! to wit:
James HI. Pierson, J. G.. Merrill, Silas
Wright, VIM. Stoddard, Albert Robi-
son, w. B, Graham, B. L. Tibbetts, P.
VI. Weaver, Z, 4. Weaver, Miles Weav-
er and A. r. Wright. Whereupon
after hearing all the evidence the Board
| hereby accepts and approves said view
ers report and find that said proposed
road is q public necessity and that it
would be advantageous to the travelling
public, and that the damages that
would be sustained by the non consent
ing land owners namely: Mumford
Brothers, seventy five dollars, w. T.
Perkins nine dollars and ninety cents,
E. l.. BurgoYne twenty dollars
and thiTty-hve cents, being at the rate
of twenty-five dollars per acre for the
land to be taken for said proposed road.
It is hereby ordered that the sum of
$113. 25, and the same is hereby appro-
/ priated from tho road fund of said
county for the payment of said damages
and the road overseer of said road dis
trict No 8 is hereby instructed to ten
der E. T.. Burgoyne, $3.50, Mumford
Brothers $500 and w. I. Perkins
$3.50.
That in the event that any or all OF
said non consenting land owners reject
said award of damages the County At
torney is hereby instructed to proceed
to procure said right of way as provid-
ed III the Code of CIVIL Procedure Title
of the Revised Statutes of the State of
Idaho.
The official Bond of James H. Pier
son ST. as road overseer Of road district
No 8 approved when the oath Of office
was administered by the Chairman OF
the Board.
The following bills were allowed and