Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1895-05-17

but he repeatedly pumped legal lore into the
dads in that confidential calliope whisper
for which he is noted, assuring Messrs. Nc.
Lean and Margach that they were ia duty
bound to ratify the granting of the alleged
license to Mr.. Patterson, rebate and all. If
he had been promised whack-up at the re.
bate, he could not have been more aggres.
sive as counsel for Patterson.
At one time Mr.. Patterson stated that
Messrs Kupitz. w. A. Patterson and Henry
Ester were on his bond, and that he had not
requested any one else to become surety for
him. But, when he was asked by Winona
man if he had not solicited Mr.. William
Macnider to go on his bond, he admitted
that he had done SO, but said that he had
asked him just for fun. By reference to the
minutes of the board, published elsewhere
in this issue, it will be seen that Mr.. Ester's
name does not appear on the bond presented
by Mr. Patterson.
Mr.. Paterson also admitted that he Ind
said, at the time he thought that Mr.. Lock
was to get the license II didn't want the
ferry, any way. put in bid just to run
Mr.. Wollman appesssA before the board
and made a tender 5f haI the amount of his
bid for the first year, claiming that, after
deducting the gilt or rebate Of $3.50 made
by the board to Patterson, his (Wollman's 81
bid was highest. He also offered bond
duly signed by responsible sureties who had
justified The money he offered to put up
was $216, whereas the county had received
but 500 from Patterson.
During the discussion IL was developed
that Charles Lock had in previous year
received rebate of S75 from the board but
it was claimed by Mr.. McCxory, and not
denied, that Mr.. Lock had complied with
the Law by appearing before the board with
all the money required by the provisions
Of the advertisement, and with his bond !;
that he would not have asked for rebate
only that he had had persistent unlicensed
competition; that the proper county author
ity had been repeatedly appealed to to pro-
tect him from such competition, but had
neglected to act.
!! Mr.. Wollman and his friends commended
that the granting of the license to Patter.
son was illegal, and that the same was null
and void, for the following reasons:
l.: l. That the commissioners have no author
ity to give away the money of the county
in the form of rebates, or in any other
way, unless an. act of the Legislature has
given them such power.
2. That, when Lock and Patterson failed
to appear with their money and their
bonds, it was the duty Of the board to no
tfy the next highest bidder, that he might
have an opportunity to appear and comply
with the requirements of the published no.
tice requesting proposals. And that, Woll-
man having-as soon as he learned that
Patterson had not furnished his bonds ana
the full amount of the money required
appeared and made tender of both money
and bond, was and is the only one of the
bidders legally entitled to run ferry at
Winona.
8. That county board or other admin
istrative body has no authority to delegate
its powers 20 d committee or commission
composed of outsiders.
4. That. the board ITSELF after inviting
competitive bids and specifying that half Of
the first years license money should be paid
at once by the successful bidder, and that
bonds should be furnished, would have had
no right, in the absence Of sRch require
ments, to issue license, and that, unless
Patterson first complied with the require
ments, a license issued to him by the board
itself would have been without force and
effect.
:. That, after Lock had bid 1884 for a
license to run a ferry at Wlponn, it was
neither equitable, just nor legal--when the
law says that the lease shall be granted to
the highest bidder--for the board, without
asking for bids and setting a date for
opening the same. to grant license for a
ferry only two miles away, at a nominal rate
of IS year. and that such action, if ta.
ken at all, should have been taken before
Lock bid 1884 for the ferry privilege at
Winona, not expecting competition only
two miles away.
8. That contract, license or lease not
made in compliance with law is void.
And it is on these and other similar points
will be taken 10 the courts.
As stated in previous paragraph, matters
were quite lively at times, and red hot when
Messrs. McCrory, Waldon and others
tackled States Attorney Parker regarding his
persistent efforts to convict August Beng for
protecting himself when he was attacked with q
70 barpoon him-like . whale. Il appears
that his now famous case has beon tried
twice, witnesses brought from long distances a.
convict Che last jury standing eleven to one for
acquittai), and that, notwithstanding these dis
agreements, another trial is to take place. In
after two failures the part ofa states attorney
counsel to dismiss tho case. Chairman Nolan
MI. Parker that the county . costs In the case 80
present rate Of assessment all owsble, on the
Mr. Parker, in reply, stated that the costs
would not come on the county; that, II Benz
was convicted he would have to pay them. and
Record knows that this cannot be done. Benz's 3
property was In cattle. Some weeks ago he sold
all bis cattle and got the cash for them. Neither
Mr. Parker nor any one else can get blood out
After the Benz debating society had exhausted
the subject, Mr.. HcCrory. asked II the board
upon Chairman Nolan announced that tho
Patterson license, with the rebate Of $50, would
stand, and the following appears in tho minutes:
Qualifying in the sum Of 81 900. was presented 70
the : board; and. 10 OF motion. II ~
committee appointed by the board have duly
privilege q. Wiaons to 6. a. Paterson, and that
ratines the action Of Its committee in awarding
A. : matter Of 1acs, there had not been mo.
tion made and seconded, or . result announced,
ct the time Mr.. MoCrory asked Chairman Nc.
Lain regarding the ferry matter. and was in
formed that the board had decided to ratify The
the Third district had announced that he In.
tended To vote against the giving away Of t1b0
Of the county's money, when the question was
more. there has not been an approval of the
minutes Of tho board since the meeting Of April
9Th, last.
The general opinion of taxpayers with whom
the writer has conversed appears to 30 that the
county is not In such cireumstanees, financially,
at prese mt, a. to warrant II in making present
Of $50 to Mr. G. A. Patterson that. II this preo-
edent 10 allowed to stand, any board Of county
commissioners may hereafter rebate part, Or
all, of any sum or sums due the county.
It IL an unfortunate a6air all around, and par
ucularly 20 for the reason that there 10 not the