The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-12-04
cITY'S LITIGATION WITH M. e. M.
COMPANY ENDED.
COUNCIL FINDS A WAY OUT
Will Accept Two Parks and Cash
Balance in Settlement of
Its Claim.

With the exception that the same re-
suit was brought about in different
manner than recommended, the settle
ment of the litigation between the city
Of Billings and the Minnesota & Mon
tana Land and Improvement company
that the finance committee of the
council advised has been adopted and
the long Standing controversy con-
cerning the special tax levied against
the company may be said to be ended.
At recent meeting of the council
the committee made an exhaustive re-
port on the financial status of the mat
ter. The amount of taxes paid by in
dividuals, the amount still owed by
such and the sum OF the company $
delinquency were all set forth. AS
ascertained by the committee, the
company at that time was indebted
to the city in the sum of $13, ,402.12,
the company be required to pay that
amount, after which the city was to
buy from the company what are known
as North and South parks, the city to
pay therefor $3,402.12. This was SUP
mitted as counter proposition to
one made by the company at an earlier
date in which the company offered
to deed the two parks to the city and
pay in addition the sum of $4,000, cash,
this to be in settlement of all claims
the city might have against it on ac-
count of the special tax levied against
Improvement district No. 1.
Agent Could Not Act.
l. D. O'Donnell, the local representa-
tive of the company, to whom the
counter offer was submitted, informed
the council that he hau no authority
to accept or reject the proposition.
He said, however, that he would for
ward the councils S offer to the head
quarters of the company for action by
the executive offers. Pending reply
the matter was held in allegiance.
Offer Is Accepted.
At a subsequent meeting of the
council Mr. O'Donnell made written
acceptance OF the counter proposal and
the council proceeded to act. Before
final action was taken, however, 1T
hot hn oitv
was not authorized under the law to
acquire real estate for the purpose
contemplated under the proposal then
pending. In order to ascertain the
city's rights in the premises the mat
ter was referred to the city attorney
and w. M. Johnston, former city at
torney, for their opinion.
A Way Is Found.
When the council met Tuesday night
it was fortified with an opinion of Mr..
Johnston, and the way to final set
tlement was made clear. Mr.. john
ston referred to the question of the
city's right to buy the parks, espe-
cially as one, the North park, was not
wholly within the corporate limits. On
this, however, he ventured no opinion.
There was no question, though, he said,
that the two parks could be accepted
by the city in settlement of the case
pending in court between the city and
the company. He advised the adop-
ton of resolutions reciting the facts
in regard to the commencement Of
the litigation and the advisability OF
compromise and authorizing the
mayor and city clerk to execute a
deed to all lots in controversy, where
by they would be conveyed to the
company upon the payment of $1O.-
900 in money and quit-claim from the
company to the two parks.
Accompanying the opinion were
copies, in triplicate, of the resolutions
he considered proper.
Resolutions Are Adopted.
Acting Mayor Williams read the
resolutions, after the opinion of Mr..
Johnston had been read. -
Alderman Bennighoff asked unani-
nous consent to adopt the resolutions.
This was given, whereupon Alderman
Bouton moved their adoption.
All votes were in the Affirmative
and a long and vexatious difficulty