The Norfolk weekly news-journal., 1906-07-20
PROPOSITION IS ATTACKED
DR.. TAsAJEAN FILES EXCEPTIONS
TO THE PROPOSED DITCH.
SAYS 1T is NOT NECESSARY
II Followed Through the Supreme
Court This Act VIII Probably Sue.
ceed In Blocking the Construction
Of the Ditch for Some Time.

! Of the Ditch for Some Time.
AT $3.50 last evening proceedings
were filed with County Clerk Richard
son at Madison, which If followed up
might succeed in blocking the con.
struction of the Corporation gulch
ditch for some time. The proceed.
ings are in the form of an eXcep-
tion to the construction of proposed
It sets forth that the proceedings are
in violation of law, contrary to speci'
fed act of the legislature, not in ac-
cord with the constitution of the Unit.
ed States, and maintains that the pro
posed ditch is not necessary to the
health and welfare Of the public.
This was the only sensational fea-
ture of the hearing of the ditch propo-
sition during the day, and this was not
sprung until after the board had ad-
journed and the members gone home.
City Must Pay More.
The city of Norfolk drew slight
change in the plan of construction OF
the Corporation gulch ditch before the
day afternoon, making the city re-
sponsible for all the costs, charges,
expenses and damages incurred by
reason of constructing the ditch
| through the city limits. The first esti-
mate of the expenses to the city for
the construction of the ditch was
! 81 ,270.00, more or less, this to pay for
the handling of 12,700 cubic yards of
soil, more or less, but the order made
yesterday at the meeting of the board
adds to the city's expense the dam.
ages that may be incurred by condem-
nation Of property through which the
proposed ditch will run.
This is not at all an unreasonable
requirement The city should be very
willing to pay all expense necessary
to deliver the flood to the county at
the corporation line, because the dam
age to city property each time there
is heavy rain is something enormous.
The ordinance asked for by the board
of county commissioners will without
doubt be promptly passed at the next
meeting of the city council.
Nearly all the property owners in
terested in the land through which
the ditch is proposed to be cut, were
present at the meeting of the board
yesterday either in person or by at.
torney and evidence was given as to
the value of property as each claim
was under consideration. Among
those present were Dr. A. B. Tash-
Jean, w. E. Gleason, Robt. Schillng
J. A. Ehrhardt of Stanton representing
l.. j. Horton, j. w. Ransom represent
ing S. T. Napier, Rome Miller, M
Mohr and Mr.. Behler, L. M. Gaylord
representing Mrs. M. Long.
Commissioners Proceedings.
Madison, Neb., July 16, 1906, / p
m.-The board of county commission
ers met pursuant to adjournment
Present, John H. Harding, John Ma
lone and Burr Taft
The hearing in the matter of drain
age ditch No. l, at and near the city
of Norfolk, Nebraska, was taken up.
On examination of all proofs of ser
vice of notice of hearing on said ditch
the board finds that due notice has
been given according to law to all per
sons interested in property affected by
said ditch and named in said notice.
The board, after eXaming the report
of the surveyor employed to make the
survey of said ditch, finds and orders
that the apportionment of the cost OF
construction of the aforesaid ditch is
unfair and unjust so far as the same
applies to or affects the city of Nor
folk and it is ordered that the same be
amended with reference to the cost OF
construction of the ditch under con
sderation, as follows: "That the
whole cost charge, expenses and dam
ages be paid by the city of Norfolk
for the construction Of that portion OF
said ditch from station to station
33 plus so, distance of $3.50 feet, on
account of benefits to streets and al
leys in said city," the said amendment
making said apportionment fair and
just according to the benefits. Said
report was then approved and allowed
as amended above.
On motion the board after actual
view of the properties affected by said
ditch fixed and allowed the following
compensation for lands and lots ap
propriated for that portion of said
ditch from station to station 39 plus
so, and assessed the damages to the
lands and lots affected by said portion
of said ditch, on condition that the
city Of Norfolk by ordinance provides
; for the payment of the whole cos
charges, damages and expense of the
construction of said portion of saiC
) ditch from station to station 33 plui
. so, as follows:
i A. B. Tashtean, claim $4OO, CLAIM
3 wholly disallowed.
, L. j. Horton, claim 5000, allowed a
? $50
. Jacob Beehler, claim $3.50, allowe
at 1925.
I NJ Morr, claim $500, allowed at $1SC
GOttleib Schilling claimed 5000 a