The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1907-03-20

18th, 1907.
Board of county commissioners
convened in special session at l
o'clock .. m. on the above given
date, pursuant to call, which was
duly read. Members present: j. F..
Cain, Geo. Posi-, C. H. Frederiksen,
H. M. Aune and D. R. McCorquo-
dale.
On motion of C. H. Frederiksen,
duly passed, the board adjourned to
the grand jury room in the court
house.
Board proceeded to and did con-
slider the engineers and viewers
report in the matter of the petition
of Chas. E. Baum and others for a
public ditch in the township of
North Hero, heretofore designated
and numbered by the county auditor
as public ditch No 5 of Redwood
county, Mimi, and did hear all that
was said for or against granting
said petition and establishing said
ditch in accordance with said re-
ports.
Frank Clague and C. T. Howard,
attorneys for the following parties:
C. O. Nichols, S. hamburger, Martin
Ledenberg, Aug. Ledenburg, j. B.
Sawyer, Geo. Freeman, Cora Free
man, Town of North Hero, F. An
derson, Lottie Balfany, Minnie
Knight parties interested and who
are affected by the laying out of
the proposed ditch; and also Sher-
man Wantz, Geo. Schippel, D. Dali
ey and w. j. Kober, tax payers of
North Hero, and object to the board
of county commissioners taking any
further proceedings in said matter
upon the following grounds:
First-That the petition filed here
in is void and that all proceedings
thereon are irregular and void.
Second That the appointing of
viewers and engineer to make ap-
praisement herein was void and
irregular.
Third That the report made by
the engineer and filed herein on
January 10Th, 1907, was void for
want of jurisdiction and that the
viewers report filed herein on Feb
ruary 18th, 1907, was and is void for
want of jurisdiction, and that the
board of county commissioners have
no jurisdiction to act herein for the
reason that the engineers and view
ers' reports show substantial vari-
ance from the original petition and
materially alter the starting point
and routes of such ditch without
the written consent of the bonds
men from the ditch described in the
petition, and further object to the
laying out of the proposed ditch up
on the ground that the benefits are
less than the actual damages; and
for further reason that the cost of
making the proposed ditch is exces-
sive, and on all grounds herein men
toned asks that all the proceedings
herein be dismissed.
We also file our remonstrance.
Motion made by C. H. Frederik-
sen and seconded by D. R. McCor-
quodale and duly passed that the
board overrules the objection and
proceed with the hearing on the
petition.
The following witnesses were
called, duly sworn, and heard by the
board as to all they had to say for
or against granting said petition and
accepting said engineer and view
ers' reports: Fred. Slower, w. G.
Costley, J. B. Sawyer, E. C. Nichols,
d. Daley
On motion, duly passed, the board
adjourned until $50 o'clock a. m,
the following day.
Saturday, March 18th. 1907.
Board convened at $50 o'clock a.
M, pursuant to adjournment. All
members present
Board proceeded to and did con-
tinue the examination of witnesses
as follows: Martin Lidenberg, Sam.
Marburger, Sherman Wantz, w. j.
Kober, Geo. Freeman, Geo. Shipped,
w. B. Haynes, Chas. Ripley, Fred
Sixbury, Fred. Slower, John Strand