The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-25

HAD inning
Young and Lawrence Make
Great Addresses
IN THE PRICE LAWSUIT
BELIEVED THAT ARGUMENTS
WILL BE CONCLUDED TO-DAY
BY FoWLER-PRoBAsLE THAT
JUDGE POLLOCK WILL TAKE 1T
UNDER AMUSEMENT.


The defense held the boards today
In the suit Of w. =, Price against the
city and James Kennedy the contract
or who is building the new filtration
plant.
The action OF the defense. as was
expected, turned different light up-
on the situation. The defense Ii deal
ing for the greater part with ques-
tons Of law In the case, and Attor-
ney Lawrence Saturday afternoon
featured the case with some fine work
In law citations.
Judge N. c. Young occupied the
entire time Of the court this morning
with rnasterfuI grafton. He not only
attacked the case itself, but made at
lacks upon the manner in which the
counsel for the plaintiff conducted the
case.
'sThe contract between tina city and
MIR. Kennedy said Judge Young. sAwaa
gone over carefully and deliberately
In many conferences before Il was an
tered into at all. II was considered
without faint Of fraud, and fraud
is expressly discIaimed by tina coun-
sci. Not even any exorbiant price
has been suggested.
The counsels for Mr.. Price forgot
the law suit. Wholly forgot the Iavy-
suit. They seem to have proceeded
on theory that because Mr. Kennedy
got the contract that 1t was illegal.
It will be found in these other cases
that the contractor and taxpayer COM
ing for Intervention, have always
come in before the contract was let.
The plans and specifications of
Mr.. Anders Were adequate and sx1f-
ncient They adequately described ths
location or the proposed plant OF the
city. The counsel continually pored
over the plans Of Mr.. Kennedy and
not those Of Mr.. Anders, and always
referred to the Kennedy plans. when
1t was upon the plans of the CITY
engineer that the contract was let"
The greater part OF the argument Of
Judge Young was taken up with the
question OF whether or not the Water
works could be built out OF the city
limits. He argued that 1t did not make
any difference, stating that 1t was 4
question OF right to take private prop
erty for public use.
Attorney Lawrencs's Talk.
The talk OF Attorney Lawrence sat
urdAy afternoon was concealed hv
many attorneys present to have been
the .ahlest talk on the points az tha
law that there has been given Ia the
court Tor many years. He had the
law well In hand, and gave ii con-
cisely and clearly, SO that the court
could not misunderstood thu noirtw
that he was trying to make on tina
issues Of the law.
He argued that the constitution az
the state allowed the contract to he
let Ia the manner that 1t was alleged
to have been let. The section to which
Attorney Stambaugh had referred.
claiming that there be competitive
bidding necessary, Mr.. Lawrence ar
gued was for special work. such al
paving. sewers and water mains.
Attorney Lawrence stated that 1ndar
his construction OF the law that the
code regulating the letting OF bids ala
no apply 70 general utilities. Therefore
the city council did not have ID COM
ply with the statute In letting the con-
ract.
Judge Young occupied the greater
part Of the afternoon with ! con.
tinuaticn Of his address. ii ID possI-
Bile that the case may be finished
this afternoon by Atty. "A. w. Fowler
It Ii predicted that the court viii taxa
the matter under adyisement.