The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1913-01-03

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
Bingham County municipal corpor-
alton of the State of Idaho,
RESPONDENT.
This cause came on for hea ring be
fore the Court sitting without jury, a
jury having been expressly waived. on
the day of June, 1912, the same being
a 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
the appellant, Bonneville, County, and
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 coGrt 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
of fact and conclusions of law and de-
clsion are duly entered herein.
Wherefore by reason of the law and
the findings and conclusions aforesaid,
!, Is rs 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 27-1O0 dollars,
with interest thereon at seven per
cent per annum, from the. 18th day of
February, 1911. in which amount said
county of Bonneville, by it's 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 B1ackfoot, Idaho are realty, part
of the Court House building. and not
chattel property, and said Bonneville
county 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 suffi-
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-
ham county, as contemplated in the act
crentio~ bonneville county. and that
said report was properly adopted and
approved by the said Board of County
Commissioners of Bingham County
and should have been adopted and ap-
proved by the Board of County Com
-missioners Of Bonneville County, and
"public property belonging to Bing-
ham County" as used in said act en-
braces no public property the title to
which Is dependent solely upon Its To-
cation, but applies only to property to
which Bingham County held title IT.
respective of its division and irrespec-
tive of the location thereof: that said
term does not apply to roads, highways
or bridges or to lands for which tax
deeds or tax sales certificates were is
sued to the County. and that the value
. of such property was not required to
be ascertained by the accountants and
had no relevancy to the adjustment of
the affairs of said counties.
Judgment rendered in open District
Court this IS day of December 1912.
J. M. STEVENS
1872 Judge of said District Court