davidaulloa/AmericanStories huggingface dataset:
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16

The paving company is now laying
from 700 to 100 square yards of
finished pavement a day, which
amounts to about two blocks along
Sixth street in one week. At this
rate the contract can not be conplet-
ed before the latter end of Septem-
Der. There is little danger, however,
of any bad weather before that
time, and the streets may be in
readiness for the fair in the early
part of October. No doubt the con-
tract would have been completed by
the last day of August, as specified,
had not series of accidents occur
red at the rock plant, which delayed
starting the pavement at least a
month, but every part of the enter
prise is working perfectly now, and
no further delays are anticipated.
The pavement as it really appears
when finished upon our own streets
Is so nearly perfect that the sno"
mo" Thomases have been made to
see, and the number of our citizens
who have worked and worried with
so many hindrances are already be-
ginning to see that they have started
something which will do much to,
ward tho municipal betterment OF
the city. Property owners along the
side lines are showing their appre
citation of the work, and petitions
are being circulated and filed with
the city officials asking for immediate
action toward paving alleys and
streets galore.
This movement is by no means
premature, or the result Of any sud
den fash of enthusiasm. 1t is just
what is needed and just what will
make this town what 1t must be tt
keep in time with irrigation, railway
and other similar developments
which are upon us.-Grant's Pass
(Ore) Courier.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
SUMMONS,

I'm the District Court of the seventh
Judicial District of the State Of
Idaho, in and for the County of
Canyon.
Clara Burgess, Plaintiff, VS.. Charles
A. Burgess, Defendant.
The State of Idaho sends Greet
ing to the above named Defendant:
You are hereby required to ap-
pear in an action brought against
you by the above named plaintiff in
the District Court of the Seventh
Judicial District of the State of
Idaho, in and for the County OF
Canyon, and to answer the COM
plant filed therein against you Ia
copy of which is hereto attached)
within twenty days exclusive of the
day of service) after the service on
you Of this summons, if served with
in this district; or if served out of
his district, within forty days.
The said action is brought to dis
solve the bonds of matrimony now
existing between yourself and plain
tiff, and for such other relief as to
the court may seem just and equit-
able, upon the grounds OF desertion,
all of which more fully appears In
plaintiffs complaint on file herein,
to which reference is hereby made
And you are hereby notified that
II you fail to appear and answer the
said complaint, as above required
tho said plaintiff will appeal to the
court for the relief demanded In
this action.
Given under my hand and the
seal of the district court of the
Seventh Judicial District of the State
Of Idaho, in and for the County o.
Canyon, this 9th day of August
1910.
| o. V. BADLEY,
| (seaD District Clerk
Rice, Thompson & Buckner, Attor
neys for Plaintiff, residing a
Caldwell. Idaho.
s2-9-16-23-3O.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
viii sMUDGE WITH GAS.
.,ou That Utilities Oil Smoke In
R,.tter Service.

D. Ward, Colorado rancher'
WANTED a smudge-pot which will
pS' rt smoke into gas, and the first
eo show that he can get practically
,0I ,oo the amount of heat from his
Of about half the consumption
po' &c can now be obtained from
VI ot already on the market.
az Tho main objections to all pots
10 bpen that, while sufficient heat
n as obtained, the flames were likely
w." scorch the tree; they required re-
"n,no and they were expensive of
ILL.,. notion Mr.. Wards invention
.',l m oct all these difficulties.
His pot will hold ten gallons of
:, ond burn without refilling for
..i,tv-six hours, thus providing for
49,. protection when it is impossible
20 into an orchard after rain
enow. Ten gallons of oil will
lopp the pots burning for four sue
oossivc nights, although in the past
J.. the Grand valley there has never
hoon necessity for smudging more
than three nights in any one season.
The pot is made in the shape of
nan possibly two by three feet
across On the top OF this is a
double cover. Between the two
covers is the secret of the pot-the
device for burning the gas as it is
Generated. The cover is made with
ava circular openings, the middle
orening being sufficiently large to
Drotect the crop of fruit under or
binary conditions.
The center pot is the gas genera
TOR and the burning gas is sent
through the smaller openings in the
double cover and will burn when the
lids are removed from the four
smaller pots. These will be utilized
only in emergencies and will raise
the temperature sufficiently to save
a fruit crop, with the mercury at a
minimum of ten above zero.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
NOTICE FOR PUBLICATION.
A. 27-s. 20

Department of the Interior, U. S.
Land Office at Boise, Idaho, Aug.
rs, 1910.
Notice is hereby given that Hiram
D Moore, of Greenleaf, Idaho, who,
on December 27, 1904, made Home
stead Entry No. 1888, Serial No.
O3346, for NE use u Section 10,
Township NJ, Range 4 w. B. M,
has filed notice OF intention to make
Final Five-year Proof to establish
claim to the land above described
before George w. Stovel, U. s. Com
missioner, at Caldwell, Idaho, on
the 25th day of October, 1910.
Claimant names as witnesses:
Mark A. Benson, Charles s. Law
David H Law, Jacob w. Faw, all Of
Greenleaf, Idaho.
VIM. BALDERSTON,
Register
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
NOTICE FOR PUBLICATION.

Department of tho Interior U. S.
Land Office at Boise, Idaho, Aug.
IT. 1910.
Notice is hereby given that James
B. Barker, of Caldwell. Idaho, who
on October ?, 1907, mado homestead
entry No. 102S3, serial No. O459S
for Y NV u. Section %, Town
ship 5 N, Range 3 w. B. NJ. has
filed notice of intention to MAKE
Final Communication Proof, to estab-
lish claim to tho land above de,
scribed. before U. S. Commissioner
Geo. w. Stovel, at Caldwell, Idaho
on the 18th day of October, 1910.
Claimant names a. witnesses:
Enoeh II. Wickersham, of Cald
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
JUDGE STEWART VERY SICK,

Suffering form very rare nervous
disease, Judge George Stewart. n
member OF tho supreme court OF
ldahO. is n patient at Waverly SAM
tariuIa. His ultimate recovery Is
expected by DIR. w. T. Williamson
Who is In charge of tho case.
That Judge Stewart is in a very
serious condition In recognized by
Ills friends who are familiar with
tho progress which the disease has
made. Judge Stewart is suffering
from a contraction of the muscles OF
the neck and throat, due to over
study and hard work. His attending
physician states that he has suffered
number OF severe lapses. The dis
ease is said to be intermittent.
Judge Stewart came to Portland
from his home In Boise about the
nrst Of July. He is So years of age
and has spent a large part of his
mature life on the bench in his
S@te-Portland oregonian.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
$ 1910 "a
NOTICE OF EXAMINATIONS.

Examinations for teachers VIII De
held ut the Court House In Cald-
we'll. Sept. 80. 2S and "a. beginning
at O'Clock. Questions will be CIV
on for second and third grade GER
tiflcates. -
MABEL GRACE CARLETON.
Supt. of Schools.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
A 12-S 16
NOTICE FOR PUBLICATION.

NOIlCE FUR HUbLISAllON.
Department of the Interior.
U. S. Land Office at Boise, Idaho.
July II, 1910
Notice is hereby given that William
U. Hitson, of Caldwell, Idaho, who
on May Is, 1905, made homestead en-
try No. S2S9, serial, No. OS497, for
Sh N w Y, Section IL, Township )
N, Range w, Boise Meridian, has
filed notice of intention to make Anal
flve-year Proof, to establish claim to
the land above described, before U. S.
Commissioner Geo. w. Stovel, at
Caldwell, Idaho, ON the 18th day of
September, 1910.
Claimant names as witnesses:
James T. Gardner. of Caldwell,
Idaho.
Ernest Vasold, OF Caldwell, Idaho.
John F. Green, of Boise, Idaho.
James w, Smith, of Caldwell, Ida
VIM. BALDERTSON.
Register
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
NOTICE FOR PUBLICATION.
Department of the Interior,
U. s. Land Office at Boise, Idaho.

Department of the Interior,
U. s. Land Office at Boise, Idaho.
August 4, 1910.
Notice is hereby given that Alfred
Max Ley, of Caldwell, Idaho, VINO,
on March II, 1909, made homestead
entry, No. o5694, for lots 2, and
4, SW u NE u, Section 4, Town
ship N, Range w, Boise Merid-
ian, has filed notice of intention to
make final communication proof, to
establish claim to the land above
described, before U. S. Commission
er, Geo. w. Stovel, at Caldwell,
Idaho, on the 4th day of October,
1910.
Claimant names as witnesses:
Walter r. Cupp, of Caldwell,
Idaho.
Thomas ]. MeCollum, of Caldwell,
Idaho. !, .@i4Ef
James ]. Bird, of Caldwell, Idaho.
Bert Smart, of Caldwell, Idaho.
VIM. BALDERTSON,
Register.
A. as. 80
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
WARNING TO HUNTERS AMI
FISHERS.

Notice is hereby given by the nm.
dersigned to hunters and Fishermen
that hunting, fishing or shooting is
strictly prohibited on our premises
Any one found trespassing on tbe
premises OIL the undersigned will be
prosecuted to the full extent of tn,
law:
Walter L. Smith
Fred Ode
Fred Kull
w. w. Mars
Henry Ode
l.. S. York
G. S. Ash
L. E. York
w. N. York
VIM. Olson
J. c. Nichols
Leroy Beck
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
NOTICE.

In the Probate Court OF Canyon
County, State of Idaho:
In the matter of the guardianship
of Ancil K. Steunenberg and Tom
Steunenberg, minors.
1t appearing from the petition of
Carrie M. Steunenberg, the guar
dian of the person and the estates
of Ancil K. Steunenberg, minors,
that it would be beneficial that a
certain part of the real estate of
said minors should be sold.
1t is therefore ordered that the
next of kin of said ward, to-wit,
Bess Steunenberg, and all persons
interested in said estate, appear be-
fore this court at the court house,
Caldwell, Canyon county, Idaho, on
the 21st day of September, 1910, at
ten o'clock A. NJ of said day to
show cause, if any they can, why
said sale should not be ordered.
Dated August 18th, 1910.
B. w. HENRY,
Probate Judge.
A 27-S %
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
wife lust Pay for Own Dresses.

In France the husband. being the
recognised chief of the family. is re.
sponsible for all his wife's debts,
This. SO the Paris courts have just de.
cIded. does not apply to an English
woman who buys dresses in Paris. She
must pay for them herself.
In a suit brought by a firm OF dress'
makers against an EnglishwOman Eng
IIsh laws have just been successfully
invoked by the prosecution, the court
deciding in its favor and sentencing
the woman in question to pay thu
amount due.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
NOTICE FOR PUBLICATION.
Department of the Interior,
II s Land Offica at Boise Idaho

Department of the Interior,
U. s. Land Office at Boise, Idaho.
July 81, 1910.
Notice is hereby given that An
drew H. Clambey, of Caldwell, Idaho,
who, on November 10, 1908, made
homestead entry, No. Otis, for N "
Sc u, Section 8, Township 4 N,
Range w, Boise Meridian, has filed
notice of intention to make Final
Communication Proof, to establish
claim to the land above described,
before U. 8. Commissioner Geo. w,
Stovel, at Caldwell, Idaho, on the
22nd day of September, 1910.
Claimant names as witnesses:
Joraldine D. Quick, of Caldwell,
Idaho.
Winfield D. Hawkes., of Caldwell,
Idaho.
Walter R. Cupp. OF Caldwell, Ida
no.
James L. Bess, of Caldwell, Idaho
VIM. BALDERTSON.
Register.
A 12-S 16
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16

son & Buckner, Caldwell, Idaho, the
same being designated as the place
for the transaction of the business
of the said estate in the County of
Canyon, State of Idaho.
Dated August 16, 1910.
ELMER A. CLARK,
Administrator of the estate of Cliff
ford J. Sebring, deceased.
A. 19-S 16,
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
INTER-MOUNTAIN GOOD ROADS
CONVENTION.

Ogden. Utah, Septmember 1926.
Excursions via o. S. l.. September
22nd and 23rd. Limit September 80.
See agents for rates and further par
tiCulars.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
NOTICE FOR PUBLICATION.
A SIS 10

Department OF the Interior.
U. S. Land ONCE at Boise, Idaho.
July %, 1910
Notice is hereby given that Alfred
Klanow, of Caldwell, Idaho, who, on
July Is, 1903, made homestead en-
try, No. O255, for ny SWA, lots 8
and 4, Section 80, Township 5 n,
Range 3 w, Boise Meridian, has filed
notice of intention to make Final
communication proof, to establish claim
to the land above described. before
the Register and Receiver, at Boise
Idaho, on the 14th day of September
1910.
Claimant names as witnesses:
J. d. Quick, of Caldwell, Idaho.
T. ], McCollum. of Caldwell, Idaho
Mic. Wagner, of Caldwell, Idaho.
Ella B. Runft. of Caldwell, Idaho.
WIN, BALDERTSON.
Register
AIS
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
NOTICE OF sHERIFFs SALE

by virtue of an execution In nv
nands, issued out of the District
court of the Seventh Judicial Dis
lrlrt OF the State of Idaho. in and
Iot the County of Canyon in the
suit OF Idaho Implement and Grain
company, Limited, a corporation
Isalnst X. c. Vaughn, duly attested
me 10Th day of August, A. D., 1910,
| nave levied upon all the right,
tltle and interest of the said R. c.
Vaughn in and to the following de-
scrlbed property, situated in Canyon
County, Idaho, viz:
Commencing at a point on the
South boundary line of the NE Il
OF section 21, Twp. N, r. 3 w
b. M, 30 chains west from the
Southeast corner of said "A section,
and running thence North 800 feet
thence east 1871 feet; thence south
800 feet; thence west 1871 feet to
the place of beginning, containing
u acre, more Or less.
Notice is hereby given that on
Monday the 3rd day of October, A
D. 1910, at O'Clock p. m, of said
day in front of the Court house
door, in the City of Caldwell, County
of Canyon, l will sell all the right
title and interest of the said r. c.
Vaughn in and to the said above
described property, at public auc.
ton, 10 the highest bidder for cash
in lawful money of the United States
TO satisfy said execution and al
costs
Given under my hand, this 9Th
day of September, A. D., 1910.
F. NJ. BRESHEARS,
Sheriff
By FRED MITCHELL,
Deputy Sheriff.
Sept. 9, IS. 23. 80
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
IN THE PROBATE COURT

IN THE PROBATE COURT
OF the County Of Canyon, State of
Idaho.
In the matter of the Estate of Cliff
ford J. Sebring, Deceased.
NOTICE TO CREDITORS.
Notice is hereby given by the un-
dersigned Administrator of the
estate of Clifford ]. Sebring. deceased
to the creditors of, and all persons
having claims against the said de-
ceased, to exhibit them with the
necessary vouchers, within ten
months after the first publication of
this notice, to the said Elmer A.
Clark, at the ONCE OF Rice, Thomp-
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
NOTICE TO HUNTERS AND FISH

Notice is hereby given by the ur
dersigned, to hunters and fisherme
that hunting, fishing or shooting
strictly prohibited on our premise,
Any one found trespassing will b
prosecuted to tho full extent of tn
law.
J. A. Cartwright
A. w. Mccoy
w. c. Osburn
w. A. Rice
A. P. Alexanderson
]. ]. Burlington
Martin Brent
P. Burlington
G. Kelley
NJ. B. Bowman
Bird Bowman
Robert Mcclure.
Walter M. Ode
Ed. Mumford
]. S. Beatty
John Dirks
]. R. Beck
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
NOTICE FOR PUBLICATION.
A. 12-s 16

NOTICE FOR PUBLICATION.
Department of the Interior,
U. S. Land ONCE at Boise, Idaho.
July 81, 1910.
Notice is hereby given that
Charles F. Ernst, OF Caldwell, Idaho,
who, on April 6, 1905, made home
stead entry No. 8O61, serial, No.
O3429, for w " NV u, Section 20,
Township N, Range w. Boise
Meridian, has filed notice Of inten-
ton to make Final five-year Proof,
to establish claim to tho land above
described, before U. 8. Commissioner
Geo. w. Stovel, at Caldwell, Idaho
on the Gath day of September, 1910.
Claimant names as witnesses:
Mary J. Bartlett, of Caldwell, Ida
no.
Jacob w. Faw, of Greenleaf, Id
no.
William A. George, of Caldwell,
Idaho.
Thomas z. Morse, of Caldwell
Idaho.
VIM. BALDERTSON,
Register.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16

well, Idaho.
John D. Harritt, of Caldwell, ida
no.
Clarence c. Sackett, of Caldwell,
Idaho.
Maud Forney, of Caldwell, Idaho.
VIM. BALDERSTON,
Register.
8 1910 IA
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16


IN THE DISTRICT COURT
OF the Seventh Judicial District, State Of
Idaho,
In and For Canyon County.
The Bank of Nampa, Ltd, a Corporation,
Plaintiff, VS.. Rufus Bramiett, Eliza Bran
lett and X. E Bramlett Defendants.
SUMMONS. ~.
The State Of Idaho Sends Greeting to the
above named Defendants:
You are hereby required to appear in an action
brought against you by the above named
Judicial District, State of Idaho, in and for
the County of Canyon and to answer the
complaint filed therein Ia copy of which IS
elusive OF the day OF Service) after the
vice on you of this summons, if served with
in this District; or il served out of this Dis
brought tic, foreclqse, certain mortgage given
by defendants Rufus BramleN and Eliza
Bramlett. and obtain judgment on a certain
p p secured BY ri said mortgage giveR BY
Bramlett, Note and mortgage being for the
sum OF $500, with interest thereon at the
rate OF Il per eentum per annum. for rea-
and for the costs of this action.
And you are hereby notified, that il you
fail to appear and answer the said complaint,
as above required, the said plaintiff will
take judgment against you in the sum OF
Five Hundred Dollars with interest thereon
at the rate OF IL per centum per annum from
the second day of November, 1909 and at,
torney's fees amounting to $Ioo, and the
costs of this action.
Given under my hand and seal of the Dis.
trict Court of the Seventh Judicial District of
the State Of Idaho, in and for the County
of Canyon this 9th day of August in the
year Of our Lord one thousand nine hundred
49, 49, Q. v. BADLEY,
By c. W. wHIFFIN,
Deputy Clerk
Raymond L. Givens, 9o2 Mode Bldg, Boise,
Idaho, Attorney for Plaintiff.
Aug Io26Sept 2-9-I6.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
BITHULITHIC PAVEMENT.

Modern Methods of Doing Hard Sur
face Street WOrk-Crowds in At
tendance.
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16

NOTICE OF TAKING DISPOSITIONS.
In the District Court of the Seventh Judicial
District of the State of Idaho, in and
for the County of Canyon.
Irwin c. Faux, Plaintiff, vs. Hilda Faux,
Defendant.
To Hilda Faux Defendant:
You will please take notice that the de-
positions of Herbert S. Forrer, Y. NJ. c. A.
Bldg, Portland, Oregon John A. McCabe,
Revenue Agent, Custom House, Portland,
Oregon, and Mrs. Margaret Jones, 1888 Park
Street, Portland, Oregon, witnesses on be.
half Of the plaintiff in the above entitled
action, to be used on the trial thereof, will
be taken before NJ. A. Hines, 6o3 Fenton
Bldg. Portland Oregon, Notary Public
authorized to take such dispositions, at her
Office, on the nth day of October, 1910, be.
tween the hours of a. m. and p. m. OF
that day and, if not completed on that day
the taking thereof will be continued from
day to day, successfully, thereafter, and over
Sundays, at the same place and until com
pleted.
Dated this 9Th day of September, 1910.
SMITH & SCATTERDAY,
Attorneys for Plaintiff
Residing at Caldwell, Idaho.
s. 1901,
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
A. as. 80

Keep your eye on Fair Acres.
Motto for Success.
You must say nothing. That is
beneath me-" nor feel that anything
can be out of your power.-Mirabeau
The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-09-16
By FRED MITCHELL,
Deputy Sheriff.
Sept. 9, 16, 23, 80.
NOTICE OF SALE OF INIPOUNDED
GTnCIC

NOTICE OF SALE OF IMPOUNDED
STOCK.
Notice is hereby given that | have
this day seized and impounded the
following described animals to-wit:
One gray mare, weight about 1900
lbs, about 9 years old, no brand.
One blazed face sorrel horse,
weight 100 lbs, about 10 years
old, white hind feet, wind puff on
leftgamble, lame in right fore leg,
no brands, and that said animals
will be sold at public auction to the
highest bidder at the City Pound in
Caldwell Idaho, at o'clock p. m,
on the 18th day of September, 1910,
as required by Ordinance No. 18 of
the City Of Caldwell.
G. W. JOHNSTON,
City Marshal
Dated this 9Th day of September,
1910.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-08-04
PAVING FIGHT is UNDER WAY
Action Of Council Not Taken as Con-
elusive for Wooden Blocks.
HAVE HOPE OF MAYORS VETO
Some Property Owners Maintain that
New Pavement IL Not Needed
on sixteenth street ut
This Time.

still the opposition to cresote WOOD paw
ing for South Sixteenth street will not
down Although the council passed ordi-
nance Tuesday night accepting the petition
OF the property owners the interested cii-
zens who favor either some other material
OF no new paving at all are hoping for a
veto from the mayors office or a refusal
on the part OF the council to advertise for
bids. The ordinance might die In either
fashion effectively,
Mayor Dahlman is known to have been
very strongly opposed to wooden blocks and
It Is thought that he would refuse to sane
ton them. but Acting Mayor Brucker, now
In the chair, although he is OF tho opinion
that the experiment win be a dissppoint-
ment, thinks that the scheme ought to be
tried IL the people want II.
The contractors for other paving material
who are trying to keep wooden blocks out
OF the city assert that the majority rep
resented by the petition consists in reality
OF one real estate company which owns or
controls much OF the property along South
Sixteenth street and which is also interested
in getting the creosoted blocks into the
city.
Some of the property owners say no new
paving OF any sort is needed