The record. [volume] (St. Maries, Idaho) 1913-1918, 1914-05-01
File Answer In
Cruising Case
WORK ONLY TO COST SEVEN THOUSAND
Commissioners Deny Any IIIegaIity or Attempt TO
Cover Proceedings

The case brought by o White
Of Occur d'Alene against the county
commissioners to restrain them from
going ahead with the cruising Of the
tim Der lands OF the county for ASSESS
ment purposes came up before Judge
Flynn Tuesday afternoon
Tie commissioners have fled their
answer TO the complaint Ia which
they set up general denial to the
allegations of the complaint They
deny that the contract which
Wasmade with Pelham would plaoeup
on the county expense not less than
eighty thousand dollars as alleg ed
In the COMPLAINT
They deny that the work If oruis
ing the timber lands'wi hin the coun
ty will he 30 expensive that 1t wiz
impose a bnvden on she taxpay ers
They claim that assistance has been
given them by the Northern Pacific
railroad company, the Ruiledge Tin
Der company, the Rnse Lake Lumber
company, Lane Lumber company En-
plre MIL company. Milwaukee Lum
ber company stack Gibbs Lumber
company and the Bradford Ken
nedy company
The Blackwell Lumber company
attn 5000 acres; the McGoldriok
com pauy, with 1920 acres; the Pan
handle Lumbar company with 4sO
acres; the Humhird Lumte er company
with 4sO aores; the Occur d'Alene
Lum Der company with "a. 200 acres;
the Cameron Lumber company with
200 acres; the Potlatoh Lumber Lom
pauy with 2200 acres; the BonDers
Ferry Lumber company with 400
acres; and the Sprinston lumber com
pany with $50 acres. have refused
TO furnish estimates or assist In the
cruising and appraisement of their
own timber holdings.
The commissioners olalm that the
total expense of completing the work
will not exceed s66i5 and that these
estimates when completed will con
stltute a permanent record Of great
value t. the county.
They also deny making any agree
ment for contract for the purpose of
Pelham's estimates. The warrants
agreRating s25OC we're for estimates
furnished Assessor Acton for deter
minating valuation Of the timber
lands covered Denial is made thai
there Was any agreement or arrange
ments made by the commissioners
with Pelham whereby he WIS to be
employed at 6l25 per month for su-
perlntending the cruising, ni that he
WAS permitted to hire cruisers aud
assistants rs he wished, or that the
board had agreed that the county
should pay under such an alleged ar
rangement; and Il is rnlther denied
that the orders for the warrants for
the estlma tes aud cruising In March
we're la violation Of statute. nenial
Ia made that data was purposely with
held from the record to prevent the
taxpRyers from being advised Of any
transactions or because the commits
siLners knew their aciions we're H.
legal; aud further. that there was no
contracts alleged. aud therefore no
occasion arose tor putting anything
on reuoIi appertaining to a contract
or agreement.
The plaintiffs Ienlte that In addi
tion to publication of their warrant
orders Ia the Spirit Lake Herald, the
official county paper, they uaussd
publication Of interviews In news
papers In Occur d'Alene g. show that
action Of the comm issionere and
county assessor la connection with
the procuring OF estimates by the as
SCISSOR from Pelham.
A general demurrer to the com
plalut was also put in 60 he effect
that Il did not state iaots sufficient
to constitute cause OF action,
aud Il ia this phase OF the question
that is bslng argued before Judge
! Flynn.
1. Ia the intention to thresh the
matt.r cut on lie merits at this time
and give the judge an opportunity to
decide at once whether a permanent
restraining snail be issued.
II Is very necessary that deUi-
siou should be reached rs soon as
{ possible, II the work to be done IL
to he Of any value IN making the
2 assessments this year. aad by agree
! ment between the council for the
! parties aud Judge Flynn the judge ls
tai log up this matter At any time