The Lynden tribune. [volume] (Lynden, Wash.) 1908-current, 1920-10-21
PROTEST ON ROAD TAX
TO GO TO COURTS
To Lynden.Laurel Road Improve
ment Assessments

Objections of $50 petitioners filed
against the Lynden-Laurel road tax
levy were overruled by the county
commissioners Friday morning, and
the fight will now be carried into the
courts.
The commissioners explained their
refusal on the ground that the petit
tion did not represent a sufficient
number of the property owners. The
objections filed by Ferndale, Lynden
and Ten Mile townships were turned
down because they we're not specific
enough.
When the case is passed upon by
the superior court. 1t will undoubted-
ly be appealed to the supreme court
for a final decree.
The objections presented to the
commissioners were as follows:
No sufficient application for such
improvement has ever been made to
said comm issioners in this: That the
only pretended application is Pc
tition. which petition is not signed by
petitioners who appear by the assess
ment rolls of this county to own pro-
perty which will be particularly ben
Gifted representing in value $4,000
for each mile Of the improvement
petioned for. and said petitioners do
not represent property within the i'm
provement boundary equivalent to
$1,000 for each mile Of the proposed
improvement.
No notice of the hearing on the Pc
tition for said improvement has ever
been given.
The board OF county commissioners
was and is wholly without jurisdic-
to make or enter an order granting
said petition or ordering said public
roads improved because OF the de-
fects in jurisdiction.
Said board of county commission
ers has illegally and without any au-
thority of law Whatsoever included
in the. cost and expense OF improv-
ing said Highway No. 20. the cost and
expense of recoastruc:ing Il bridge
being on the line of the Hannegan
road and over and across the Nook
sack river, which is a large, turbulent
meandered> and navigable river, over
which there are seven bridges in this
county, all heretofore constructed ont
of said county road and bridge fund,
the cost and expense of which bridge
is about the sum of $35. 900. and said
bridge not being constructed for the
purpose of conveying OF any sur
face or seepage waters. and the re-
construction OF said bridge consti-
tutes a general benefit to any Of the
petitioners. and is legally chargeable
to said county alone, and no part OF
the cost thereof is legally chargeable
to said improvement district.
Said costs and assessments as pro.
posed to be levied and assessed IL
legally and unlawfully include there
in an item of 1880 for engineering
expenses, same being arbitrarily ar
rived at by taking a per cent OF tbs
cost of the improvement. and the en-
eineering work herein having beer
done wholly by the county engineer
and said engineering charges. beini
wholly chargeable against the county
and no part thereof being lawful!
chargeable against said improvement
district. and no itemized statement o
fees or expenses for engineering be
ing on file herein, and said engineer
ing charges against said district be
ing wholly without authority of law
Said costs and assessments As pro
posed to be levied and assessed ii
legally and unlawfuHy included a
item of 3l,254.50 for appraisers sal
aries and travelling expenses. and n
itemized statement of the fees of sai'
appraisers has evens been filed. an
said item is at least $500 in excess o
any possible sum said appraiser
could be entitled to. and the inclus
ion of travelling expenses therein be
ing wholly illegal and without auth
ority of law.
Said costs and assessments as pro
posed to be levied and assessed illes
ally and unlawfully Include therein .
item of interest for six months at
per cent in the aggregate sum OF ~
O2s.4s, and the inclusion Of any iteI
of interest being wholly illegal an
without authority OF law.
Said costs and assessments as Pre-
posed to be levied and assessed i
legally and unlawfully includ
an item Of $3.50 for auditors fees &c
COPY of assessment roll. said item b
Ing wholly and illegally without autl
ority of law.
Said costs and assessments as pr
nosed to be levied and assessed lille!
ally and unlawfully include An itel
Of slsl.76 for abstractins and wri
ing descriptions. said item bsin