The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-04-27
PRESENT PETITION FOR INCORPORATION

in the proposed /, sn limits - unia-
habited, unplatted and unsettled OF
this lard his clients. he said, own
224 acres. The inclusion of this 224
acres, he said, would be protested
by the owners ON the ground that an
undue burden of taxation would fall
10 them without commensurate ad-
yantages and returns.
After describing the location of
the lands referred to, he declared
that il would be unjust to include
them The formal protest was read.
The signature attached was That OF
| w. j. Palmer, president of the Ely
Townsite company. acting for that
company.
In his argument against the incln-
sion of these lands, Mr.. Chandler
said that one-half the acreage EN-
braced within the boundaries of the
town proper are owned by the COM
pany. or that land, and its admis-
sion, the protestants have no Objec-
ton. Their objection is to the in
clusion Of unimproved and unplatted
land which will be of no value to the
town
Mr.. Chandler said that the COM
pany which he represented is as
eager for the incorporation of the
town as any person. He then sub
mitted an array of authorities to
strengthen his argument that large
areas of unimproved and unplatted
within the limits of the town.
When you go farther than to in
clude the settled part of the dis
trict, You exceed the authority grant
ed by the Legislature and run the
risk of invalidating the incorpora-
ton" he said. The plated and i'm
proved part of the town does not in
clude more than one-f1fth of the area
EN- mbraced within the limits shown on
the map"
Mr. Chandler then suggested that
1t would be better to submit new
plat showing the town proper, and
then go ahead with the incorporation
than to go ahead at this time on a
wrong oasis and run the risk of hay-
ing quo warranto proceedings instl-
tuted against the officials to be
elected, to oust them from office.
At the conclusion of the argument
presented by Attorney Chandler, At
torney Crump. representing the petit
TONERS, asked for time to look up
authorities and present argument i'll
contradiction to the contention of
the protestants. A recess was then
declared by the court until 8 o'clock
in the afternoon.
Mr.. Crump's Reply.
The court room was filled when
the court was again called to order
Attorney Crump said in opening that
the question was one of grave i'm
portance and that every step taken
|
10 secure the incorporation should be
legal and valid. He contended that
the town should have sufficient
amount of territory to provide for
the increase in population which is
expected within the next year or two,
Attorney Crump argued that ii the
boundaries were fixed as asked by
the protestants. the city would have
no place to dump garbage, dispose Of
sewage, or guard the health and SAN
itatlon Of the purlieus.
"Al that We ask, he said, Is
that the town shall become a city
under the incorporation act. convert
j ing il from an unincorporated vii
/ lage and Il self-governing commn-
nifty
Il would suggest TO the court. he
continued, That ii proof is offered
/ i'm support OF the tissues rendered by
the protestants. We are prepared 10
show that every acre is necessary to