Jefferson County Sentinel (Boulder, Mont.) 1885-1899, June 24, 1887, Image 1

sni -- sn,„ s ,S a. ; e r • V0b. II. d I I\ 7 i ?1 t The Pioneer. Newapaper of JetTerston C'otavity-A. Family Joni-nal Independent in Vont - lea. r -- - - BOULDER, MOST., FRIDAY, JUNE 24, 1887. NO. 46 The Northwestern! Owing to t44• foci • at our atom is about to be rebuilt, remodelled and eelarpd, we hese had until the abov• alterations are completed, to sell everything is ear lie* at from 10 to 20 per cent. below regular prices. Mew is tits time to bey your spring oulfit! Our stock is coniplete, and are receiving new goods right along. Before buying Clothing and Fur- , Dishing Gond* be sure and call at THE NORTHWESTERN. Zolter's Block, Opposite . Grand Central Hotel, I m =lees1=\1 \ ..A. 7 M.Ms • J. D. GROESBECK & CO., Alnpflumpo Cook 2 I C i a eating p 7 411.0 tin ill U 5 and mSIOVE31 irtow, errim=1_1, Nails, Giant POWDER,. CAPS and Fuse, WOOD WAR, CROCIC= - Y - , Lamps, Chandoliers, Sash, Doors and Mouldiugs. Plated Ware, Glassware and Bar Goods. agonte for the Celebrated Buckeye Force Pumps and Sb.utler Wagons, • - -- Ue- TIN SHOP ,Ilez:27eweitil will n be % d ' o b n ee re all koliridpsoosifteJcobouwrto House,and IgostIdoi- - 'Montana, Just Ilo-011110, J ReFnrnislleU I Boulder HOT Springs. Wonclerful Curative Properties ! --IN ALL- ZASE8 OF---- - Chronic, Muscular and Inflammatory Rheumatism, 1.4*.c1 Poisoning, Oonstitutional Weakness, am.s1 Ciene;a1 Debility. A PLEASANT RESORT FIRST-CLASS HOTEL AND BATHING ACCOMMODATIONS. Ronelsed by Stage from Helena, Butte, Wickes, Elkhcrr, Comet, and all Points in the Territory. Terms moderate. Lierst-ebtas Physician DR. IRA A. 'LEIGHTON Is constantly in attendance. For full information address, TROTTER & KEENE, Boulder, Mont. The Windsor House. KEENE & TROTTER, Prop's. BOULDER, Mont. t5.Everything First -Class. - 1 \ ROANO PER WEEK IT 00 DAY, 2.00 GRAND CENTRAL HOTEL FRANK FARNHAM, Proprietor, Newly:Boa Newly Furnished Throngliont and Centrally Located. THE IA EA DING- HOTEL IN BOULDER. The Tables ar'4 Supplied with the Best in the Market. BOARD AND LODGING $7.00 BOARD PER DAY 1.50 tatiree From All Points Stop at 'This IloteiL Takes Up. One iron gray horse, 8 years old, weighs about 1 - ,00 1 .) lbs e and bears an arrow brand on left thigh. Own- er on have the saline by proving prop- erty and paying charges. Inquire of Joe FLEW Er R, at Frank liackpest ranch on L ower Betilder, Strayed. Strayed from Philip Wagers ranch near Comet, one red steer, two years old, bruuded W on hip, alit in right ear and hole in same ear. One white steer, two years old, branded W on hip, slit and also hole in right ear. A suitable reward wil' be paid for their recovery. Prit.te ti -1m C4vmet, Montana. AN ACT Concerning Roads and High wavisi Be it Enacted by the Legislative Assembly of {he Territory of Mon- tana: • Secnion I. There shall be levied and collected on all taxable property in the county the sum of not less than one mill nor more than two mills on the dollar, for road purposes, also a special road tar of three dollars on each able-bodied man between the ages of 21 and 45 years, residing in each road district; Provided, that any person liable to pay Special road tax, may 'work out such tax under the 1 direction of the super .isor of the dis- trict wherein such persons reside,and shall be allowed foc such work the sum of $3 per day. The several coun- ty treasurers are hereby authorized and empowered to collect all road tax, both special and id valorem, lev- ied in each year as required by law for the collection of revenue; Provi- ded, that any persor' producing the supervisor's certificate for labor done and performed, Or for material furn- ished on any road or bridge by order of any supervisor, shall be allowed the same as his special road tax. Sec. 2. The supevisor shall noti- fy every porson within his road dis- trict subject to road labor as afore- said, to perform one day's work in each year upon the 'public roads, and if any person subject to road labor as aforesaid shall after three days' notice either by personally or by writing left at his usual plahe of abode, by the- supervisor or any other person under his direction, neglect or refuse to pay the said *3 to the supervisor, retend by himself tn. suitable substi- tute at tlie time and place designated by the supervisor, or having attended shall refuse to obey the directions of the supervisor, shall or pass his time in idleness or inattention to labors or duties assigned him, every such de- linquent shall hereby become liable for the amount of his special road tax in money, and if such person has no real estate assessed in his name, it shall be the duty of therpervisor to make complaint befortlhe probate judge or some justice of the peace, setting forth the facts of such notice and refusal to perform the required labor or to pay the money, when if such charge be sustained after a hear- ing, the delinquent shall be deemed guilty of a misdemeanor, and shall be tined not less than *5 nor more than $10 together with all costs, such fines . to be collected as in ordinary crimi- nal actions, and to be paid into the county treasury for the use of the road fund in his district; if not paid to be enforced by arrest and imprisonment at bard labor on any. public roads at the rate of $3 per day. Sec. 3. Every person notified to labor on the public roads under the pros. isions of this act, shall,be required to immediately pay the sum of three (113) to the supervisor or appear at the place appointed by the supervisor at the hour of 8 o'clock in the forenoon, with such necessary tools end _imple- ments.as said supervisor may direct, and work industripesly and diligent- ly, doing at least eight hours work faithfully in each day at such work and in such manner as shall be di- rected by the supervisor, and such supervisor may, if le deem necessa- ry, procure from a resident of his dis- trict a team of horses, mules or oxen and wagon, cart, scraper or plow, to be employed or used on the roads under the direction of such supervi- sor, and shall allow such person a reasonable compensal ion therefor, not to exceed *5 per day for the use of such team, wagon, cart, scraper or plow arid driver. Sec. 4, For the purpose of collect- ing said special road tax it shall be the duty of the Board of Commission- ers of each county to provide blank printed reseipts for such special road tax, which shall have proper stubs, with memorandum' of names, amount and date attached; and such blank receipts, so many us may be deemed necessary, shall be delivered by the clerk of the Board of Commissioners to the several road supervisors, and each road supervisor shall receipt to the clerk for the number of blanks of special road tax reteipts respectively received by him. : 1 he toed super- visor shall give thp proper receipt for each special road tax collected by him, and make tin proper memoran- dum on the corresponding stub; and he shall on the first Monday in each month pay over to the county treas- urer all moneys collected by him du- ring the preeedisig month, and take the treasures::: re :eipt therefor, and to return to the 1.1( ard of Commission- ers at each of their regular sessions, or at any other time required by the Board, all stubs of receipts given, all blank receipts still on hand and the receipts of the treasurer for the mon- ey paid him; and the Board shall compare the number of Hanks re- ceived by such road supervisor with his stubs and Meeks on hand and as- certain if they tally, and also if the money collected has here paid to the county treasurer; and if the same, be found correct, the road supervisor shall deliver up his remaining blank receipts, and there the clerk shall give the road supervisor, on the order of the Board, a certificate of such settle- ment of such road supervisor witki the Board. The road supervisor shall he liable on his office bond for the non-performance of his duties in collectieg said special road tax and for .the money collected thereof by him, and the &art] of County Com- mi,sieners shall have power, if they deem it necessary, to require any road supervisor to give additional bonds for performing his ditties and paying over money collected on said Pncial road tax such sums as they shall designate and all special road\ tax so collected in' money shall be paid into the county treasury to the credit o the road fund of the toad district in which thviusuiessidlensited; and the road supervisor of the respec- tive road districts shall make out quarterly, or when required by the County Commissioners at any other time or times, a trueand correct state- ment of the number of days' work performed by him in 'accordance with the provisions of this act, duly sworn to and filed with the county clerk, and if found correct by:the Board of county commissioners they shall pie. the same by warrant drawn on the road fund for -the respective road dis- tricts. Sec. 5. The supervisor of roads shall open or cause to be opened, when ordered by tho coenty commis- sionere, all public roads which shall have been or ray hereafter be laid out and emtabbshed according to law in any part of his mad district, tied shall keep the same in good repair and if such labor is not sufficient the Board of commissioners are hereby authorized, at their discretion, to ap- propriate from the general road fund any amount they may see fit for' the use and benefit of such district. Sec. 6. The road supervisor shall have authority to open or construct ()rains and ditches as he may deem uecessary for the makieg and preserv- ing of such roacL, doing as little in- jury as may be to the adjoining lands, anti any person mopping or obstruct- ing the drains or ditches so made shall forfeit the sun? of *20, to be recovered by the supervisor in a civil action in any court ot competent jurisdiction. If any peron shall feel aggrieved by the act of any supervisor he may make complaint in writing to the county commissioners, who shall allow just damage and pay the same out of the road fund. 1 he supervisors may, un- der the directions of the county coin- iniesionere, purthase any plows, scrapers or other instruments neces- sary for the use of the road district and pay for the same out of the road fund Of sant district. Such super- visor shall carefully preserve such tools end histruments arid shall allow the same to be used only on public road work. Sec. 7. If at any time during the year any public road shall become obstructed by snow or from any other cause, or any bridge need repairing or become dangerom. for the passage of teams or travelers, the supervisors of the road district upon being noti- fied thereof shall forthwith cause such obstruction to be removed or bridge repaired, for which purpose he shall immediately order out such number of inhabitantsof his district as he may deem necessary to rnlhove such ob- struction or repair such brklge; and all persons so ordered out shall after having received notice be subject to the same restrictions and liable to the same penalties as if to -tiered out under section 2 of this act. Sec. 8. In all cases when any person has performed labor on the public roads in removingobstructions or repairing bridges, as required in section 7, the supervisor,, shall give such person a certificate specifying the amount of extra labor so per- formed, which certificate may be transferred and received in discharge of the labor of tny other person within the same district to the amount, of labor specified in such certificate, or may be received from the holder in satisfaction of labor on the roads in such district at any subsequent year for the amount of labor specified therein, or may be presented to the board of county commissioners and allowed by them as are other bills presented against the county. Sec. 9. In any action by the su- pervisor against any person, for fail- ure to comply with theprovisione of this act the presumption shall be that the delinquent had no real property listed to him during the current year. No property inexempt from execu- tikm and sale for a delinquent road tax. Sec. 10. The board of county corn miseioner may by order when they deem it expedient, direct any mem- ber of said board to inspect the condi- tion of any road in their county, and all work done thereon before payment therefor, an. ehall receive for the time actually and necessarilly employed in such service the sum of eight dollars per day, to he audited and allossied the same per diem allowed the com- missioners attendiug the regular meetings of such board, the amount so all we'! to be in full paymentS for mileage and per diem while engaged in the service protided for by this section, and such commissioners shall at next meeting of the board file a written report of such inspection. Sec. ii. Thf , county coin in ieeion em s of the several counties shall pro- vide a suitable book and have re- corded therein a description showing the date of laying out, the width, length and termini of all county roads now or hereafter established in their county. Sec, 12. Nothing in this act shall be so construed as to prevent arty .Board of county commissioners from making and awarding contracts for the grading or repairing of roads, the construction or repairing of bridges on county roads at any time when in their judgment such work can be done cheaper lied better than by a. supervisor. Nor shall anything in this act be so construed as to inter- fere witii the collection and disbuns- *tea erf any road tax within any in- corporated town or city where b'y law a road tax is collected. See. 13. 'Die Board of county commissioners shall at their regular meeting in March, after having re- stirted a sum sufficient to pay all out- standing indetednees and such furth- er sums as in their judgement may be needed for special purposes from the general toad fund, apportion the re- maieder among the several road dis- tricts of their county equitably, hav- ing reference to the condition of the highways in the several districts. Sec. 14. When aey petition shall be presented for the action, of the county cow missioners, the laying out, alteration or vacating of any county road, it shall be accompanied by sat- isfactory proof that notice has been given by advertisement posted on the front door of the county clerk's office, and in three public places in the vicinity of said road or proposed road thirty days previous to the pre- sentation of said petition to the county cbmmissioners; proof of the posting of said notices, giving time and place, shall be made by affidavit, which shall be filed with said petition. Sec. 15. It shall be the duty of the Board of county commissioners of any county in this territory to appoint- a- board consisting of three hearse - holders of the county to view and mark out the road prayed for in the petition, and to fix a time for such view, and to cause notices to be pested in three of the most public places along the proposed new road, at least five days previous to the day fixed for the view thereof, giving par- ties in interest notice that at the time fixed by the board of county commis- sioners, the viewers so appointed will meet at the point designated in the petition as the starting point of such road, to attend to their duties as view- ers. Proof of such notice shall be made by affidavit, and filed in the office ot the county clerk. Sec. 16. The county clerk shall issue a warrant directed to the view - en; app .inthd setting forth their ap- pointment and requiring them to meet at the time r: d place named by the Board of county commissioners, and to proceed to view and mark out such road to assess the damages and benefits accruing to the owner or owners of any of the lands over which the same may pass. by reason of the alteration, nidening, changing or lo- cation thereof, amid the probable cost of opening such road for travel. Sec. 17. The sheriff, constable, or any other person of the proper county, shall serve the warrants mentiOned in the preceding section by delieer- ing a copy to each of the s ieseers named therein, arid the .original shall be returned to the county clerk with endorsement of service thereon. Any person appointed . road viewer shall be required to take an oath or affirma- tion faithfully . and impartially to dis- charge the duties as -reviewer of the road recited in the petition according to law. Provided that hi all cases where an oath or affirmation is re- quired to be taken under the [monis- sons of thin article thennime may be administered by one of the viewers who has been previously sworn. Sec. 18. The viewers appointed and served with warrant as having provided shall meet at the time and place specified in the warrant, and commencing at the place designated in said petition as the starting point ,of the road sought to be altered, widened, changed or laid out and es- tablished, the said viewers shall pro- ceed to view and. mark out the same by setting stakes, blazing trees, turn- ing a furrow or other appropriate monuments to the terminus named in the petition by the most practica- ble and convenient route that they in their judgment can find: They shall aesees the benefits and damages accruing to dl persons ty reason of the alteration, wideuirig, chewing or laying out of said road, and award to my person or persons damages in ex cess of the benefits accruing to him or them 4 sum equal to such exoess, and if elle viewersor majority of them be of opinion that the road should be altered, widened, changed nr laid out and established they shall cause a survey and plat of the same to be made by the county surveyor or other competeut person, giving the courses and distances and specifying the land over which the - road passes, and all new roads hereafter opened shall in ill cases when it is practicable, be lkid out on subdivisional and section lines, and it shall be the duty Of all county commissioners when it is prac- ticable, without working a hardship iipoe Tiny settler, oiepetttioti Oa ma- jority of settlers residing: upon said road, to change all roads to conform to the provisions of this section. Sec. 19. If any viewer duly ap- pointed and served with Warrant re- fuse to act, or is disqualified and does not appear, the other two viewers: may fill such vacancy; or if but one of the viewers appears who is qualifi- ed and consents to act, he shall ap- point two others, who shall be house- holders, to assist him, an they shall pruceed to view such road. Sec. 20. The viewers •shall file a report of the view in the office of the county clerk of the county in which elicit view was made ten Jays before the next regular meeting Of the Board of; county commissioner held after the same is completed, w iich s sball be 13 signed by a majority of ihe viewers, and shall contain a full statement of their proceedings, a deschiption of the land over which such road extends, ! an estimate of the cost of opening it. for travel, and assessment of the dam- ages and benefits ac.horded to anv r$ . pOson or persons by .feSbon of the alteration, wideeiug, changing or laying out of such road, and the sum awarded any person or persons for damatres in excess to the benefits as- sessed to him or them, and whether sjch road be practicable and - the es- tablishment of it be recoMmended by them. To this report the viewers shall annex the plat, suttee- and re- port of she surveyor, proniaed a sur- vey is ordered. For their services the viewers shall receive a warrant on the county treasurer for a sum to be fixed by the county commission- ers not exceed five dollars per Sec. 21. The Board ! of County Commissioners at their eext regular meeting after the return: of such re- port shall proceed to consider the same and all objections that may be made thereto, anti they shall deter- mine whether or not such road shall be established and opened for travels And they may refer the matter to the same or other viewers with in- strpctious to report in like manner as herein required, or spncially upon some particular manner. , Sec. 22. If the Board of County Coin missionere determine to open any such road they shall cause the full and final report of the viewers, inclu- ding the plat and report of the sur- veyor, or if any survey was ordered to be recorded in -the office of the county clerk and recorder in the book kept for that purpose. Sec. 2:3. The Board of county com- missioners having considered the re- port of any road view, and the com- pensation to which . any person of persons damage e lleatin, , been ascer- tained and pea to the orner or own- ers or into court for him or them may prder the road to be open for travel. And if they do so order they shall cause notices to befspoSted at three public place§ aloog the line of said road, giving all partieS notice that they have or will direct l their proper oflicersto open and wohlt the same from and after sixtvelivs from the date of such note. Vrovided, no such rd shall be ordered opened through fields of growing crops or along a line where grewing crops would thereby be expins_ed to stock until the owner or owners of such*, crops elm!! have sufficient time to harvest and care for the Same. Sec. 24 If the damages assessed to any :person or persons by reason of the alteration, widening, changing or laying out of any suet' road shall exceed the benefits; the icess shall be paid to such person o persons hy warrant on the county jreasurer for the amount. If any pdrson or per- sons to whom damages nre awarded be under disability, or cannot be fond, the sante shall lie set apart to such person or perstins in the county treasury. Provided, if in the opinion of the county commiss1oners such proposed road is not of stifficient him- portance to the public to cause dam- ages to be paid by the eounty, they shall refuse to establish the same as a public highway, unleee the expense and damages or such part thereof as they inay deem proper shall be paid in advance by the petitioners. Sec 25. If any person or persons be of opin ion that the damages award- ed him or them by the , viewers are inadequate, -or ineufficient, the Board of comay commissioners may agree with such person or persons upon the measure of the same. . . Sec. 26. Any person or persons owuing or having an inturnst in any land over which any peoelosed need extends, wineehall be ofsopielon that the damages are - arded him or them by the road viewers ore inadequate and insufficient limy personelly or by ageet or attorney on or tinfoie . the first day of the regular' meeting of the Board of county commissioners held after the report is, filed in the office of the cotinty clerk of the coun- ty in which the view was made, file a written request addressed to the Board of county commissioners, for a way to ascertain the compensation which he or they may lie entitled to by reason of damages sustained by al- tering, widening, changing or laving out such road; Provideel, that either the Board of county connnissioners or said person or persons may appeal from such decision to the district court, and, provided further, that if the jury • Tv g t award , reater &miunses , . ta e, than theretofore awarded, such per- son shrill pay 411 costs of ,such pro- ceediegs. - Sec. 27. All public highways here- after laid out in this Territory shall be sixty feet in width unless other- wise ordered by the Board of county corn in issioners. See, 28. Whenever a petition shall be presented to the Board of county commissioners of any county of this Territory praying for a public- high- • *way, and the names of all the owners of all the land through which : said road is to be laidiaut, shall be signed thereat, giving to right of wav - through the lands, and accompanied by a plat of the road, ft shall Ise the duty of the county commissiotiers, if in their opinion the Oiblic good re- quires it, to declare tAss same a public high way,eand thereupen aim plat shall be filed' and recordef1. and r tile same shall become a pubfie 'hi g hway from and after that date. Sec. 29. The manner of !Tieing out any private wagon road from the dwelling of any person or froth any mill, timber, watering -plate, or -any other place to which access is needed for public or private use, to eny - pub - lie road, and of condemning tlenlirrids• necessary therefor, shall he the same as hereinbefore provided, excepting. that the viewers of the, same shall dus • jff receive cornpensaMn for one day's services, and the petition in such ca- ses need be signed only by such per- son, and the expense of viewing arid surveying sucu road and damages which may accrue' to any person by reason of laying Tut the same, and the expense of opening the stun e,shall be paid by such petitioner. Sec. 30. When any highway is to be altered, widened, changed, or laid out, the county clerk shall notify the supervisor of the proper district, and finish him with a certificate copy of the order of the Board of commis- sioners. Sec. 31. No person or persons shall erect any fence, house or other struc- ture, oralig . pits or holes in. or upon any highetays, or place thereon any stones, timber, trees, rubbish or debris or any obstruction whatever; and no person or persons shall tear down or otherwise damage any bridge of any highway, or cause waste water, or the water from any ditch road, drain or flunte r to flow into orsepon , any road or highway so as to damage the Same. 'Any - person violating the provisions of this section shall bedeemcd guilty of a misdemeanor, and on conviction shall be fined not less thin five nor more than one hundred dollars, to- gether with the cost of prosecution. Sec. 32. No person or persons, cor- poration or company, shall dam the waters of any stream so as to cause the same to overflow any road, or damage or we4ken the abutments, wall or entbaelcinents of any bridge of any highways. Any person or persons, corporation or company, vi- olating any of the provisions of this section, shall forfeit the sum of fifty dollars to the county, and shell be liable to the county in a civil action for damages resulting therefrom. Sec. 33. Any person or perscrts, corporation or company, owning or conszrueting any ditch; race, drain or flume in, upon or across any highway, shall keep the highways open for safe and convenient travel constructing. bridges over such ditch, race, drain or flume, or by providing other ,safe and convenient way acmes or around the said ditch, and immediately after any ditch is constructed in or upon any highway at any point thereof so as to obstruct or interfere With said high- way, the person or persons ownieg or constructing such ditch shall erect a good and substantial bridge across the same, which shall be constructed of plank, of not less than three inches in thickness, and thereafter maintain- ed by the county. Any person or persons, corporation or company con- structing any ditch, race, drain or flume in, upon or across any high- way, and failing to keep the highway open for safe and convenient travel, shall e ferfeit thee sum of twenty-five dollars tothe county. And any per- son or persons, corporation or com- pany who shall fail to erect a good and substantial bridge across any ditch, race dam or flume, immediate- ly after the same is constructed. in or (Ton or across_ aey highway, shall forfeit the sum of twenty -five- dollars to the comity, together with costs of constructing there a good and sub- stantial bridge, which the supervisor shall at once proceed to beild, and shall also be liable in damages to any person or persons damaged by such neglect, Sec,34. All fines, penalties and forfeitures incurred under any :pre- visions of this act, hall be recovera- ble by any act f on in the name of the people 'of the Territory of Monta»a, mu atiy court of competent jurisdiction and the county treasurer shall set the same apart to the district wherein the same accrued. Sec. 33. it shall be the dute of the county attorney on complaint of any person to prosecute all actions under the provisiims of this act. See. 36. All road supervisors shall be appointed by tin; county commis- sioners at their March term, and ehall serve until their successors are ap- pointed and qualified. They shall - give such bonds as the Board of route leencliined `3\ , erd Pnr