The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1932-08-26


vote:
Yeas-Commissione Hogan, Sny-
der, Pete. Mackenzie and Chairman
Newman-5.
Nays-None.
Adopted July 9Th. 1882.
BY Commissioner Snyder:
Resolved. that tht itemized. veri-
fled claim of Otto r. Nelson of Eve
leth, Minnesota. for damage and tres
pass to approximately 408 pine trees
claimed to have been cut down and
packed into his gravel and material
pit, located on the NWA of NWA of
section 81, township 81 north, range
IL west, in the amount of S204.00,
and the claim of said Otto r. Nelson
in the amount of $4,000 for the es-
timated cost of removing said 40S
pine trees so claimed to have been
cut down and packed into said gravel
and material pit, and in the total
amount of $354.00, said damage and
trespass being claimed to have been
caused by the st. Louis county Sixth
commissioners district road crew. in
taking filling material for county
road shouldering work. be and the
same hereby is wholly dis-allowed,
on the ground, aad for the reason
that said pine trees, whatever the
number thereof, were standing upon
the surface of the ground. which
surface said Otto r. Nelson author
lied the county commissioner of the
Sixth district, to strip and remove
and take away and to use on county
road shouldering work on the North
road cutoff, because the stripping
and removal of said surfacing mate
rial including said pine trees would
be of special direct benefit to said
and for the further reason that the
stripping and taking away of said
material was never authorized by the
county board of st. Louis county;
that the county board of said county
had no knowledge of the alleged TAX
ing of said material or any part
thereof, from said land of said claim
ant, and the placing and use thereof
or any part thereof on the shoulders
of the North road cutoff. and on the
ground that this board has never ac-
cepted, ratified or confirmed the TAX
ing and use of said filling and sur
facing material, but had purchased
for said county, and said county ac-
tually owned at the time of the inn
proving of said highway ample fill
ing AID shouldering material adjac-
ent to said North road cutoff, pur-
chased for said purposes, and that
the county board of said county ex-
pressly authorized the doing of said
shouldering work by and with the
use of said county owned filling and
shouldering material, and no other
material. and that the use of said
material and the stripping of said
ground. and the removal of pine trees
was done by the county commission
er of the Sixth district on his own
initiative under and pursuant to an
agreement between said commission
er and said Otto r. Nelson. that said
commissioner might remove said ma
terial and use said filling and sur
facing material in the building of
said shouldering, because the strip
ping of said land and the use of said
material on said shoulders would be
of special benefit to said Otto K.
Nelson. and that the county of St:
Louis is not legally liable for. and
ought not to pay any part of said
claim of said Otto r. Nelson.
Commissioner Snyder moved the
adoption of the resolution and it was
declared adopted upon the following
vote:
der, Pete, Mackenzie and Chairman
Newman-5.
Nays-None.
Adopted July Sth, 1882.