The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-20
PRICE SUIT
BEGUN TODAY
First Round Of Big Battle IN
PoIIock's Court
WAR OVER FILTRATION PLANT
FIRST TESTIMONY APPEARS TO
FAVOR THE PLAINTIFF IN THE
Northumberland AND AM
DERs FIRST WITNESSES ON
THE STAND.

The frst round OF the fight for an
Injunction to stop the construction oi
Fargo's new filtration plant was pulled
or IN the district court today The
opening Of the case seemed to favor
the plaintiffs side OF the affair.
There was great deal OF time
consumed this morning in discussing
the complaint 1t was gone over very
thoroughly and the parts in 1t that
were not necessary TO try out in court
were eliminated.
An attache Of the court stated that
from the evidence introduced, 1t APP
peared that the trial would be one OF
the most Interesting that had been
heard in the court for some time.
There Is great deal OF likelihood that
before the hearing has been ended,
that there win be some conflicting tes-
timony in the case.
w. 8. Stambaugh Is the general Of
the plaintiffs side of the argument
and Judge N. G.. Young Is waging the
battle for the defendants Al. w. Fow-
Ter and the firm Stambaugh g. Fow-
Ter. Is also in the case for the plaintiff
and besides Judge Young, A. Lawrence
OF the firm of Ball, Watson, Young
& Lawrence and City Atty. w. Ell.
Shure are counsel in the action
=. r. Orchard, city auditor OF Far
go, was the first witness called to the
stand this morning, after the case had
been started. He testified regarding
certain records and showed that four
OF the nine blue prints on the ultra
ton plant had not been h1d1 at his
office.
When City Engineer Anders took
the stand Attorney Stambaugh gave
him a very careful examination which
may have tendency to be against the
city. The city engineer was on the
stand when recess was taken this
morning about 11.40.
Anders stated on the stand that
three of the blue prints were not in
tended or made for the plans. He also
stated that on the FIVE plans filed. app
proved by the city council and upon
upon which bids we're invited ere al
tration plant that is being built, could
not be erected.
All told there were nine blue prints
and 1t Is alleged that only ave Of
these were submitted TO the bidders.
The title OF this suits w. J. Price VS..
the city of Fargo and James Kennedy.
the contractor Of the filtration plant.
There are number Of people attract
ed to the courtroom by the action and
are hearing the testimony.
City Auditor Orchard was the first
witness called to the stand this aft
ernoon to answer a few questions per-
tanning to some data which he was
requested to look UP during the noon
recess.
City Engineer Anders was the next
witness called and was questioned
somewhat in detail about the time OF
fling estimates of the cost OF the con-
struction Of the filter plant with the
city auditor. He stated he had not
filed any estimates with The auditor
concerning the present plans, but had
done so Dec. 20, 1910, before the
present plans and specifications had
been drawn or approved.
He was also questioned consider
ably in regard to any differences, lei
there were any, In regard to the plans
and specifications submitted by Mr..
Anders and those under which the
plant Is being constructed.