The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-06-17
COMMISSIONERS APPOINTED IN
CONDEMNATION PROCEEDINGS
ALL SETTLED WITH SAvEONE
William Harmison Only Remaining
Defendant in Right-of-Way Action
Begun by Irrigation Company.

OF the u defendants originally nam
ed in the condemnation proceedings
instituted by the Billings Land and
Irrigation company for right-of-way
for it's canal across certain ranches
to the west OF the city only one re-
mains unsatisfed. All the others
have settled out of court and their
names have been dropped from the
proceedings.
The remaining one is William Har-
mison, he and the company having
found it impossible to get together
and effect a settlement. In conse-
quence an order was made by Judge
Loud Tuesday afternoon complying
with plaintiffs motion for the appoint
ment of appraisers to assess the dam
age that defendant will sustain by
reason of the contemplated appropria-
tion of enough of his land to permit
construction Of the ditch across his
acres.
The motion was submitted on an
agreed statement by which the liti-
eating parties consented that the
court should find that the use to
which the property sought to be ap-
propriated is public use within the
meaning of the law, and that the
taking of the land of defendant is nec-
essary and the court satisfied that
public interest requires it's taking.
Next follows description Of the
land which is as follows:
A strip 100 feet wide, being SO feet
on each side of line beginning 532
feet east of the center of section 80,
township 1 south, range 25 east, run
ming in northeasterly direction to-
point on the east line of the north
east quarter of section 80, thence.
61.S feet south of the northeast cor
ner of the same section. distance Of
3,37O.6 feet, containing in all TIA
acres.
w. o. Parker, c. n. Newman and
C. NJ Chafee were named as the ap-
praisers and an order was made di-
recting them to hold their first meet
ing June 20 at 8 o'clock in the morn
ing. 1t is made their duty to ascer-
tain the amount the plaintiff should
pay Harmison for the land wanted.
Their Commitment Ordered.
On the certif1cation made by JUS
tice Mann Judge Loud took up the
matter of the proceedings begun
against Frank E. Fox and Lena M.
Fox, minors, who were charged with
incorrigibility.
Several witnesses were examined.
policemen and others, among them
Grafton Couch, stepfather OF the chill
dren. 1t was brought out that the
girl has made a practice OF frequent-
ing disreputable resorts and that the
boy was the companion of tramps and
worthless characters generally, one
of his favorites apparently being Ed
Buckley, the alleged safe robber The
stepfather testified that he had lost
all control of the couple, who refused
to remain in the home he had pro-
vided for them.
In the opinion of the court the boy.
and girl were fit subjects for state.
control and ordered their commit
ment to the reform school, where they
will remain until they attain their
majority, unless liberated sooner on
parole.
Moss VS.. Burla.
The now famous case of p B. Moss
VS.. Gwen F. Burla, county treasurer,
came up once more on motions by
both plaintiff and defendant The
plaintiff moved that part of defend
ants answer to his complaint be
stricken out. This was denied in
part and allowed in part.
On behalf of defendant the court
was asked to order judgment on the
Ihis was denied.
Both parties made exceptions to the
rulings and were given until Septem-
Der to prepare and file their bills OF
exceptions.
Must Pay Almony.
Pending final disposition OF the mat