SUPERVISOR'S PROCEEDINGS.
O’Neill, Nebr., July 9th. 1929.
10 o’clock a. m.
Holt County Board met in regular
session and pursuant to adjournment,
all members present.
Board called to order by the chair
man. Minutes for June 27th, 1929,
read and approved.
The following claims were audited
and approved and on motion allowed
on the General Fund:
Mrs. Clark Hough $ 74.00
LeRoy Richards 6.25
C. & N. W. Ry Co. * 3.11
C. P. Hancock 10.00
N. W. Bell Telephone Co. 10.00
Mrs. Mary Zastrow - 35.00
James Davidson . - 215.08
On motion the matter of change in
a portion of the county road from
Stuart to Swan Lake was postponed
until the next regular meeting.
12 o’clock, noon, on motion, board
adjourned until 1 o’clock p. m.
John Sullivan, E. F. Porter,
Chairman Clerk
O’Neill, Nebr., July 9th, 1929.
1 o’clock p. m.
Holt County Board met pursuant
to adjournment. All members pres
ent. Board called to order by the
chairman.
This being the hour set for hear
ing on the matter of the division olf
the valuation of the Northern Nebr
aska Power Company between School
Districts No. 13 and 142, the mutter
was taken up. Mr. Lowery and Mr.
Black appeared for District No. 142
and Mr. Hull and Mr. Witte appear
ed for District No. 13.
Motion by McKim, seconded by
Gibson that the vaulation of the
Northern Nebraska Power plant be
divided equally between District No.
13 and 142.
Upon the motion being put to vote
by the chairman it was declared car
ried and so ordered.
Delegation from Chambers appear
ed before the board in the matter of
the appropriation for county fairs.
No action was taken; the matter was
postponed to a later date,
6 o’clock p. in. On motion the
Board adjourned until July 30th at
10 o’clock a. m., unless sooner called
by the t’leik.
John Sullivan, E. F. Porter,
Chairman. Clerk..
O’Neill, Nebr,, July 30th, 1929.
10 o’clock a. m.
Holt County Board met pursuant
to adjournment; all members pres
ent.
Board called to order by the chair
man. Minutes for July 9th, 1929,
read and approved.
In the matter of the Distribution
of Taxes for the year 1929 between
School District No. 142 of Holt
County, Nebraska, and School Dist
rict No. 13 of Holt County, Nebras
ka.
To the Honorable Board of Super
visors </f Holt County, Nebraska:
MOTION
Now comes School District No. 142
of Holt County, Nebraska, by Roy
Lowery, its Treasurer, and moves
this Honorable Board to vacate and
set aside the Order made by it on the
9th day of July, 1929, between “Dis
trict No. 13 and No. 142,' ’and to
grant a re-hearing in snid matter for
the following reasons:
I.
Because said Order is indefinite
and gives no specific direction as to
what shall be done.
II.
Because the action of the Board
was taken merely upon motion by
McKim, seconded by Gibson, that the
value of the Northern Nebraska
Power Plant be divided equally "be
tween District No. 13 and No. 142.”
III.
Because said Motion does not show
what is meant by “District No. 13
and No. 142.”
IV.
That if “District No. 13 and No.
142” were intended for school dist
ricts, then they should have their
legal designations, which they did
not attain orreceive in the Motion or
Resolution or this Honorable Board.
V.
Because every school district is a
municipal corporation, and is a legal
entity under the law of this state,
and when action is taken in behalf
of or against any school district,
said school district must be designat
ed by its number and the county in
which it is located, and it cannot be
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Secretary
| Capitol Building, Lincoln, Nebr.
*
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sued, or any action cannot be taken
against it in any other way than as
herein designated, which is the desig
nation given by the Statute of this
State.
VI.
Because “District No. 13 and No.
142" do not show what kind of Dist
ricts they refer to, or khere the dist
ricts are located, or the object arn^
purpose of th districts, or the crea
tion thereof.
VII.
Because if “District No. 13 and 142
are irrigation districts, this Honor
able Board would have no power or
authority to make any order in the
premises, such as made in this mat
ter, and there is nothing to show,
either by motion or order, what kind
off districts are meant by District
No. 13 and No. 142."
VIII.
Because if this Honorable Board
attempted to make an order in rela
tion to School District No. 142 of
Holt County, Nebraska, and School
District No. 13 of Holt County, Ne
braska, then they were without auth
ority to make any such an order
purely upon motion, such as the rec
ord in this case shows their order
was made on.
IX.
Because all of the Northern Nebr
aska Power Plant and the property
thereunto belonging, which is situ
ated in Holt. County, Nebraska, is all
situated in School District No. 142
of Holt County, Nebraska.
X.
Because no part of the Northern
Nebraska Power Plant or any of its
property is located or situated in
School District No. 13 or Holt Coun
ty, Nebraska.
XI.
Because this Honorable Board has
no jurisdiction, power or authority
to divide the value of the Northern
Nebraska Power Plant and the prop
erty thereunto belonging for taxa
tion purposes equalfe between School
District No. 142 of Holt County, Ne
braska and School District No. 13 of
Holt County, Nebraska, for the reas
on that no part of said property is
located or situated in School Dist
rict No. 13 of Holt County, Nebras
ka.
XII.
Because this Honorable Board has
no p|ower, right or authority to give
one-half of the value of certain prop
erty situate in School District No.
142 of Tolt County, Nebraska, in tax
es derived therefrom to School Dist
rict No. 13 of Holt County, Nebras
ka.
XIII.
Because the division lien between
School District No. 142 of Holt Coun
ty, Nebraska, and School District No.
13 of Holt County, Nebraska, has
been duly surveyed by the Surveyor
of Holt County, Nebraska, and the
line running North and South be
tween said School Districts has been
fully established, and that said line
or division between said School Dis
trict No. 112 of Holt County, Nebr
aska and School District No. 13 of
Holt County, Nebraska, is located
East of the East side of the North
ern Nebraska Power Plant, and is
East of any property owned by said
Northern Nebraska Power Plant, and
all of said Northern Nebraska Power
Plant and its property thereunto be
longing which is situated in Holt
County, Nebraska, is located in
School District No. 142 of Holt Coun
ty, Nebraska, and no part thereof is
located in School District No. 13 of
Holt County, Nebraska; and that by
reason of these facts, this Honor
able Board has no right or author
ity to take the property or the value
thereof of the Northern Nebraska
Power Plant for taxation purposes
away from School District No. 142
of Holt County, Nebraska, and set
it over and give it for taxation pur
poses to School District No. 13 of
Holt County, Nebraska.
XIV.
Because School District No. 13 of
Holt County, Nebraska, has no right
to collect taxes from any property
except property located in said
School District No. 13 of Holt Coun
ty, Nebraska, and no part of the
property of the Northern Nebraska
Power Plant is located in School
District No. 13 of Holt County, Ne
braska.
(Continued on page 8)
°nly g.05
Round
Trip
to LINCOLN
Nebraska State Fair
Round-trip tickets at the above rate, on sale August 31 to
Swptembr 5, inclusive, with final return limit of midnight
two days after date of purchase.
Tickets good on all trains and honored
only in coaches or chair cars.
Half fare for children 5 to 12. No baggage checked.
LONGER LIMIT
Round-trip tickets at rate of fare and one-third on sale
August 28 to September 6, inclusive; final return limit,
September 9.
Tickets good on all trains. *
Half fare for children 5 to 12. Baggage may be checked.
L. E. DOWNEY, Ticket Agent