The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-09-27
BIG CASE
IS CLOSED

CONTINUED From Page one.
oratorical effort and he attacked the
case OF the defense as well as ramming
into the suit itself His talk was
chiefly devoted to rebuttaI but he Of
fered some new points.
Mr.. Fowler frequently referred 10
the meetings and conferences OF tha
nre and water committee OF the city
council and Engineer Anders with Mr.
Kennedy. He also slurred at the ex-
ecutive sessions OF the city council and
referred to both as "star chamber ses-
sions.
FowIer's Talk.
If this ss5 engineer (meaning Mr..
Burdick the consulting engineer en-
ployed by the city, had examined the
bids as he should have, Mr. Price
would have been the lowest bidder for
the filtration plant" claimed Mr..
Fowler.
Was Kennedy's bid to build the
plant according to the plans and speci-
locations OF the city engineer? The
proposals for bids nowhere asked FOR
the city's plans and specifications.
Kennedys proposal shows on the face
OF 1t that he was not bidding upon
the plans and specifications of the CITY
engineer, Mr.. Anders.
Everything on page 1 of the speci-
ncations OF Mr.. Kennedy says that the
drawings and specifications of Mr.. Ken
nedy shall govern in case that there
should be a conflict. The contracts
says that In case Of a discrepancy be-
tween the plans and specifications of
Mr. Anders and Mr.. Kennedy the
plans OF Mr.. Kennedy shall prevail.
Your honor will show when go
a little further, where they have even
eliminated some of the city's specif-
cations, which were to prevail The
specifications Of the city engineer calls
for team turbine engines In place Of
that Mr.. Kennedy agrees to place In |
troy vertical engine, contrary to the
specifications Of the city.
The specifications of the city en-
gineer have provided for marble sample /
stands in front of the filter beds. Mr.. |
Kennedy in his plans and specifications |
called for iron sample stands,
In paragraph No. IL of the contract |
OF Mr.. Kennedy there are at least FIVE
paragraphs which distinctly say /
that there shall be changes in the
specifications of the city engineer. One
OF these, No. 5, says that the clause
regarding meteorological tests shall be
completely eliminated.
MIR. Anders, in his plans and specifi-
cations, provided that each filter shall
be built complete in one continuous
operation. That clause was eliminat-
ID and the fire and water committee
with that $35 engineer said Mr.. Ken
ledy could build little at a time. a
little at a time and little at a time.
Mr.. Anders testified that these things
would make a material change. The
,ther bidders did not know that these
Kings would be eliminated.
There were eliminated from the
'pecifications OF the city engineer two
Whole pages on expansion joints. Just
he same as If they had been torn from
he book and thrown aside. Were the
,ther bidders called into that star
chamber and allowed to bid on the
'lant with those two pages out of the
pecifications?
''The specifications of the city en-
sineer distinctly say that the BAG
geological tests shall be made at the
Expense of the contractor. Kennedy's
proposal said IL stand the cost Of the {
ests add $500 to my bid. The con- i
ract drawn UP here between the city
nd Mr.. Kennedy says that the city
hall stand for the expense of the test
nd the expert making it shall be ap-
roved by the contractor.
1--WE have not come before this court, t
our honor. to prevent the people of {
largo from getting pure water. But
re- have come here because we be-
eVe that the proceedings Of the coun-
IL were unfair and void. We are
ding to show this state that the city
ouncils must be decent with the
eople.
1--WE are here to try this case on
aw. We propose to show that the
ouncil did not comply with the law
4 letting this contract"
Attorney Stambaugh came forward
t the close of Mr.. Fowlers talk and
lated that he wanted to call to the
ttention OF the court few things
he court believing that he wanted to |
rgue the case further. objected, blu 4
nding that he wanted to make very
wv remarks, heard him. He called | !
ttention to certain food gates; to the ,
lct that certain paragraphs In the !.
omplaints had been admitted and that
! many cases the contract should
overn the work and not the plans am
oeciffcations Of the city or Kennedy
The court ia ked to Judge Younf 4
nd Mr.. Stambaugh and stated that 4
nee the case had started certain i'm
ortant matters had been tied up, at q | !,
nancial loss to the parties concerned
e desired to get that matter straight y
led out.
The arguments have been so lengthy
lat the court decided to limit the men +
the future to their arguments. not
aving done SO heretofore. Young
ated that he would only need about
fteen minutes or half an hour at the
ost. The court decided to give Mr. !.
Dung and MIR. Stambaugh fifteen min y
les each. this afternoon. az