Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1915-08-12
CONTINUED COMMISSIONERS
PROCEEDINGS.

l90o and that said improvements are
now rotted away and gone and are of
no value, that said assessment still
stand on the assement rolls and have
never been paid but he is willing to pay
the taxes on the original assessment
without interest and said amount being
$47.62 for the three years. 1t appear
ing to the board that said tax should
have been collected by the assessor at
the time of the assessment and there is
no loss to the county in accepting the
proposed offer same is expected.
In the matter of the petition filed by
August VonBargen and others praying
for the vacating of certain highway
the commissioners find that the petit
ton asking that the county commission
ers vacate said highway was filed on
the 18th day of July and thereafter
the county commissioners fixed the
hour of l O'Clock p. m, Thursday the
18th day of July 1915 as the time for
hearing the petition of August VonBar-
listened to testimony of citizens favor
ing the vacating of said highway,
which was presented to the board by
Hampton Taylor in behalf of the peti
TONERS, and listened likewise to testi-
mony of citizens protesting against
vacating said highway which was pre-
sented by A. s. Hardy and thereafter
the commissioners took the matter un-
der advisement, and having made a per-
sonal inspection of the highway on the
10th day of July, 1915, have come to
the following conclusion as to the mat
ter above set out to-wit
We find that this highway sought to
be vacated has been Travelled for a
period of at least 20 years or more and
that at times has been used by persons
residing in the vicinity of the Highland
school house and while the road is not
used very much and is not at the pres
ent time in good passable condition,
yet we find it has at certain seasons of
the year been convenient passageway
for the people in the vicinity of the
road.
We find that there is no public bone-
fit to be gained by the closing of this
highway, and it ought not be vacated
unless there is an urgent public demand
for vacating same, or some public good
to be gained, or some injury to the
public accruing by reason of its being
opened, neither of which conditions
appear very strong to the commission.
ers.
We further find that the road inter
sects with good highway and in fact
is the only outlet that Vollmer & Scott
have on reaching and departing from
their land and premises, and that to
close the road would probably entail
considerable damage to Vollmer &
Scott and might, judging the testimony
given at the hearing lead to law
suit all of which we deem unnecessary
and not condition sought by the Com
missioners.
We find also that portion of the
highway sought to be closed lies in the
Cottonwood Highway District, and we
are informed that road situated in
part in one jurisdiction and part in
another jurisdiction cannot be vacated
except by the joint action of both high
way districts or jurisdictions, and there
fore Idaho county through its board of
commissioners acting separately can
not vacate this highway.
Therefore in consideration of the for
going statement we deem it advisable
at this time to refuse to grant the petit
ton of August Won Bargen and others
and so find, and ask the clerk of the
board to forward copy of this deci-
sion to the Cottonwood and the Union
Highway District of Idaho county.
Dated this 18th day of July, 1915.
N. B. Pettibone, Chairman.
Comes now Frank s. Rice, tax col
lector and files summary of report in
writing and his claim against Idaho
county for rebate of $122.2S claimed
to be an error made by him in over
payment on taxes for the year 1912
made in the June settlement of 1913,
and filed July 18, 1913 as follows:
Overpayment to Kidder Ridge
Highway district ....$ S2.72
Overpayment to General Road
Fund per cent highway