Jasper County Democrat, Volume 9, Number 38, Rensselaer, Jasper County, 22 December 1906 — ROAD CASE DISMISSED. [ARTICLE+ILLUSTRATION]

ROAD CASE DISMISSED.

The Benton Kelley et al road case from Newton township was thrown out of court at Monticello this week, where it was sent on change of venue. The petition for this road was signed by 19 land owners of Newton tp., and was filed April 2,1906. It asked for a highway commencing 100 feet east of the southwest corner of the east half of the sej of section 22, and running thence on the section line to the Newton connty line. The petition also asked for the vacation of a highway already established. The viewers, Chas. Hensler,'Walter V. Porter and John Hudson, reported in favor of the road. Wm. Augspurger and 53 others remonstrated. John Biggs, Wm. Bennett and John Ryan were appointed reviewers who reported that the oosts of construction and damages would.exceed benefits, and therefore the road was not of public utility. The commissioners then

dismissed the case and the petitioners appealed to the circuit oourt, later taking a change of venue from this county. The court held we are told, that the proceedings in the commissioners’ court were irregular, in that the petitioners asked for the vacation and location of a highway in the same petition. Also, that under the acts of 1905, when reviewers reported against the public utility of a highway, no appeal will lie. A large number of witnesses had been summoned to Monticello on the case and the costs will be considerable. We are told that the .case will be appealed to the supreme court by the petitioners. The Democrat for job work.

Washington Street looking East from River Bridge (Winter scene.) (From J. A. Sharp's "Souvenir of Rensselaer.")