The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1903-09-24
| STATE OF WISCONSIN - IN CIRCUIT
COURT FOR BAYFIELD, COuNIY

Pacific Railway Company for the appoint
ment of commissioners to app1aise certain
real estate required by the said company for
right of way of a branch or SPUR track in said
Bayfield, County.
To-
III. c. Akeley and M. A Sprague, co-part-
ners doing business under the firm name and
style of Akeley and Sprague; The South Shore
Lumber company, corporation under the
laws of the state of Wisconsin; The Metro
politan Trust Company of Minneapolis,
Minnesota corporation under the laws of
the state of Minnesota Mrs. Akeley,
wife of said II. c. Ake.ey and Mrs. Hattie
Ell. Sprague wife Of said M. A. sprague and
to all persons interested in the lands
hereinafter described.
You and each Of you are hereby notified,
that on the 18th day of August 1908. the pet
ition of the Northern Pacific Railway Com
pany was duly fled in the office of the clerk
| Of the circuit court of said Bayfield, County,
praying for the appointment of three disin-
terested and con petent free holders who re-
side in said Bayfield, County, or in some as
joining county, commissioners. to ascertain
and appraise the compensation to be made to
the owners of and persons interested in the
lands described in said petition as required
and proposed to be taken by said Northern
Pacific Railway Company, for the purposes
indicated in said petition, which said lanos
are situated in said Bayfield, county. in the
state of Wisconsin and are described as
follows, to wit
strip Of land seventeen feet in width over
and across the following tract of land lying
and being situate in said town of Washburn
and County of Bayfield, to-wit: Commenc.
ing at point on the lake shore where the
section line between sections five and six in :
tersect said lake Shore in township forty.
eight north, of range four west; thence south.
westerly along said lake shore twelve hundred
feet; thence due north to the south line of the
right of way of the Chicago, ST Paul, Minnea~
polls and Omaha Railway; thence northeast
erly along said right Of way to the point where
the same intersects said section line; thence
south along said section line to the place Of
beginning.
That said strip of land above described, is
colored red on the blue print attached to the
petition hereinbetore REFER ed to and that said
petition and blue print have been fled in the
Office of the clerk Of the circuit court in and
for said Bayfield, County. Wisconsin.
That said right of way and easement on said
strip of land has no riparian rights and Is
subject to the right of said Akeley and
Sprague and the persons interested in said
tract of land to construct and maintain over
said strip of land, bridges and tramways for
the handling of the product of the saw mill
plant of said Akeley and Sprague provided.
however, that no such bridge or tramway
shall be at less distance from the water level
of said Chequamegon Bay or give a less clear
ance beneath the same than the present
bridge or tramway in existence across said
strip OF land. and, provided. further, that
said Northern Pacific Railw y Company shall
have the right and privilege at any time to
construct, maintain and operate in said pre-
sent tramway or bridge. or, in any tramway
or bridge which may here litter be erected
across said right OF way. draw bridge or
other appliance, to lift the portion of said
bridge or tramway across said strip of land,
80 that the said Northern Pacific Railway
company may in safety operate any ofengines
or cars or equipment for railway purposes on
the said spur or branch track proposed TO be
constructed on said strip of land.
That said right of way and easement on
said strip OF land with the clea rance and
privileges aforesaid and wItho t any riparian
rights is required by the Northern Pacific
Railway Company for the construction and
operation OF said proposed branch or spur
railroad and its system of rlilroaGs. and 1t is
the intention of said Northera Tactic Rail-
way company in good faith to use it therefor,
You are hereby further notified, that pur-
| suant to an order made by the Honorable
John X. Perish, Judge Of said Circuit Court.
on the 18th day of August 1908 said petition
will be heard before the Honor able John K
Parish, Judge Of said court at his chambers
in the court honse in Medford in Taylor
county, Gu the It'll day Of September, 1908, at
| ii o'clock a. m. OF that day. at which time and
place you are hereby notified to appear and
show cause, if any there be, why the prayer
of said petition should not be granted.
Dated, August 18th, 1908.
NORTHERN PACIFIC RAILWAY COMPANY
A. w. MCLEOD, Petitioner.
LOUIS HANITCH.
Attorneys for Petitioner
JAMES B. KERR
OF Counsel for Petitioner.