Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1905-08-03

sheriff, as shown by his return on file
or have accepted service OF said notice
or have signed like waiver thereof to
the best OF our knowledge and belief.
"G w. ADKINS, Auditor.
Nv. IA. FENSLER, Assistant. +"
A similar statement for Pottawatta-
mie county was submitted by Auditor
w {. Cheyne, to the effect that careful
examination had been made into the
proofs OF service. and the waivers of
notice and that all had either been not
itlcdor given acccptanccs, to the best
of his knowledge and belief.
We'll, gentlemcn,' said Chairman
Brandes of the Joint board, ~ think
now we are about as far as we were at
the last meeting. We are ready now
to hear claims. We will read each
name and consider individual items
one at time The board will not
listen to any farther arguments for or
against the ditch system, but only on
the matter of damage allowances"
The first claimant to be heard was c.
b. Harker a Pottawattanie county
resident. to whom the appraisers
awarded $500 for sixteen acres of land
to be included in the ditch right of
way Harker asked that he be allowed
two years rental for the land, as it is
already part Of the Boyer cutoff chan
mel. He also wanted pay for four
bridges built across that stream, which
divides his farm in two. The board in
creased his allowance to $500
G. Crispin, who had come to ask more
damages, made the discovery that the
appraisers had given him 5000 more
than he supposed After learning this
fact he withdrew his objection and said
he would be satisfied to let the dam
ages stand at ST. ,O5O as fixed.
Other claims were passed on as fol-
lows: 1. S. Shelton, $3.50, as appraised;
Charles Mckown, $40 per acre and
5000 general damages, raised from $246
to cover all items; p. Gilmore, $40 per
acre for land taken, no damages award
ed by appraisers. a. ]. Gilmore's APP
praisemcnt of $lO0 and that of ID. II .
Moss for S525 were passed
NoRTHwEsTBRN's CLAIM
The damage claim of the Northwest
ern railroad was the last one taken up
during the day. George e. Hise of
Des Moincs, its attorney. made a brief
statement asking for favorable action
on the bill for S3S, ,275 which it has had
pending. Supervisor w. f. Baker Of
fered a motion to allow S35 900 dam
ages.
w. H. Fenslcr at this point informed
the joint board that the New York
Loan and Trust company, which holds
the bonds of the Northwestern railroad
and has a mortgage on its property,
had not been notified of the ditch pro-
ccedings He asked that the board
defer action on the Northwestern s
claim until the road was ready to file a
waiver on this point. Otherwise, Fens-
Ter asserted, the road would have it's
damages but could nevertheless come
in at any time and renew it's objections
to the ditch system.
The stand taken by Fensler was in
terprcted by Attorney Hise as move
for delay in the hope of securing a re-
duction in the amount Of damages
awarded to tho Northwestern. Some
warm words passed between the two
men, during which Fcnslcr tiercely
charged that the other had promised to
get the waiver and then failed to do So
This met Il vigorous denial from Hise
Supervisor Baker joined in the verbal
fray py demanding why Fensler had
kept his knowledge of this defect in
service. il such it should prove to be,
away from the members of the Joint
board only to spring it at the last
moment when they were ready to do
something. He accused Fensler of in
consistency i'll stating first that the
bond company's waiver was mmater-
ial and then asking to wait until it
could be secured. Supervisor Baker
farther declared that if anyone were to
blame for the omission it was Fensler
himself because he had not sooner
called attention to it.
The discussion grew heated several
times, and County Attorney Hess joined
in it with some advisory suggestions.
He declared that the joint board could
consider only one thing. namely, the
amount of damages to which the North
western was justly entitled. Its action,
he said, ought not to be made depend
ent upon any future contingency, such
as the filing Of waiver. c. W. kel-
logg of Missouri Valley, attorney for
the ditch petitioners. seconded this
opinion.
Attorneys Hess and IIisc both scout
ed the idea that the waiver from the
bondholdcrs of the Northwestern was
essential. The real party in interest,
they contended, was the railroad COM
panv, and if it should withdraw its OBJ
jcctions, the bondholders. not being in
court, could not offer amy opposition.
Fcnslcr wanted TO knew what would
prevent the Northwestern itself from
again fighting the ditch project after it
had got its money for damages. Tho
attorneys promptly answered that the
Northwestern would necessarily waive
all objections when it accepted pay
ment OF damages.
The question was finally put on the
motion to allow S35 900 as damages to
the Northwestern, and it carried unan-
imously. Attorney Hise stated that
while this was not as much as the road
had claimed it would be satisfactory,
and the road would make no further re-
sistance to the ditch undertaking.
Miss Nina and Zella Richard
son are visiting friends Conn