The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1912-12-27

In the District Court of the Sixth
! judicial District Of the State Of Ida
no.. and in for the County of Bingham.
] Bonneville County, a municipal
corporation of the State Of Idaho.
APPELLANT
JUDGMENT.
| Bingham County a municipal corpor-
| alton of the State of Idaho 5ts's
| RESPONDENT,
This cause came on for hearing be-
| fore the Court, sitting without jury, a
| jury having been expressly waived on
! the day Of June, 1912, the same being
q regular day of the regular May,
1912, term of said court, w. P. Hanson
ESQ, County Attorney and b. j. Briggs,
Esq, appearing for and representing
James E. Good. Esq, County Attorney
and John w. Jones, Esq, appearing for
and representing the respondent, Bing-
ham County. and said cause having
been duly called for hearing in the
above entitled Court. witnesses were
called, sworn and examined by counsel
and the court on behalf of the respon-
dent and appellant, and documentary
evidence was introduced, and the cause
was thereupon argued and submitted
to the Court for consideration and dec
ision, and after due elaboration there
on, the court delivers it's findings of
fact and conclusions of law and directs
judgments accordingly. which findings
VI lGCl anu COnCluSlOHS Ol law ana Qe-
cision are duly entered herein.
Wherefore by reason of the law and
the findings and conclusions aforesaid
1t is now hereby ordered, adjudged and
decreed, that the said respondent Bing-
ham county, do have and recover of
and from the said appellant, Bonne-
vile county, the sum of Twenty seven
thousand, nineteen and 27-100 dollars,
with interest thereon at seven per
cent, per annum, from the 7th day Of
Nahr In, NH inh mt coi
county of Bonneville, by its board of
county commissioners, shall cause
warrants to be drawn by the County
Auditor of said county for the amount
so due as aforesaid, payable to the said
respondent, Bingham county, In the
manner and form provided by law, for
the issuance of such warrants, by such
municipal corporation.
1t is further ordered adjudged and
decreed. that all of the chattel prop
erty of the County of Bingham, owned
prior to subdivision, is capable of div
ision, and the same as invoiced In the
reports of the accountants. the same
being the whole thereof, shall be and
1t is hereby equally divided between
the respective counties OF Bingham
and Bonneville aforesaid, and 1t is
further adjudged that the steel cages
in the basement of the Court House
at Blackfoot Idaho are realty, part
of the Court House building. and not
chattel property, and said Bonneville
Is entitled to no compensation
or on account thereof.
1t Is further adjudged, that the ma
jority report OF the accountants and ap-
praisers, to-wit; the report OF w. j. D.
Arcy and George A. Gordon is suff-
cient upon which to base a settlement
between said respective counties, that
said report embraces and includes all OF
the public property belonging to Bing-
nam county as contemplated In the act
.reatine Bonneville county, and that
said report was properly adopted and
approved by the said Board of County
of Bingham County
md should have been adopted and APP
proved by the Board of County Com
nissioners Of Bonneville County, and.
I is further adjudged that the term q
property belonging to Bing-
,am County, as used in said act, en-
,races no public property the title to
which is dependent solely upon its To-
alton, but applies only to property to
which Bingham County held title ir-
of its division andsfrrespec-
i've Of the location thereof; that said
ERIN does not apply to roads. highways
r. bridges or to lands for which tax
leeds or tax sales certificates were is
ued to the County, and that the value
( such property was not required to
e ascertained by the accountants and
ad no relevancy to the adiustmsnt OF
he affairs of said~-eeHfftfe Hes.
Judgment rendered In open District
'ourt this IS day of December. 1872.
j. M STEVENS
SO Judge of said District Court
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