The Fargo forum and daily republican., 1912-12-24
ALDERMEN Held
FOR COURT COSTS
DEPUTY SHERIFF BINGHAM
SERVED EXECUTION FOR JUDO
MENT FOR COSTS IN kEEFE
CASE IN DISTRICT COURT ON
ALDERMAN LAST NIGHT.

An execution for judgment for court
costs in the case of Chief of Police
heefe against the aldermanic body,
including the mayor, was served on
each of the councilmen last night by
Deputy Sheriff Bingham as they enter
ed the council chamber for the ad-
journed session. The total costs
amount to $71.6O or $4.64 each.
Alderman Cummings called the at
tention of the mayor to the state
ment he made when taking his seat on
the resignation of former Alderman
Bolene, that he had entered the city
council to take part in any future
legislation dated from that time, but
that he had nothing whatever to do
with the things which had taken place
in the past. He asked Mayor Sweet
to please aCquaint the court with this
fact, as he did not feel he should be
named in something in which he had
no part.
Alderman Cupler asked if the judi
ment were not a little strong on costs,
to which Alderman Stewart said that
no two lawyers would agree on that"
Mr. Stewart said he would go to jail
before he paid the judgment. Alder
man Rupert moved that the bill be
paid. Alderman Jardine said he would
pay his share of the costs out of his
own pocket as he would not ask the
taxpayers to pay such a bill. Mr.
Cummings said if he had to pay his
share, he would follow Mr.. Jardine S
suggestion.
On motion of Alderman Cupler, the
matter was referred to former City
Attorney Shure, who acted for the
alderman as special counsel in the
Keefe case, to investigate and see If
the costs were correct and report his
findings to the council.
Alderman Mcdonald did not feel
that the alderman, as a body of men
unwilling to be dragged into the
district court should be made to pay
the costs. He contended the party
who had brought the case should de-
fray the expense, and called on the
city attorney for an opinion. Mr.
Smith said the custom of legal pro-
cedure from time immemorial had
been for the defeated party always to
pay the costs.
City Attorney Smith also reported
on the matter of the claim for dam
ages brought against the city by Mrs
| Thometz. He said he had talked the
matter over with the claimants attor'
ney, Judge Barnett, and that no COM
promise could be effected for less thar
$1,000 Mr.. Smith urged the city tC
|
amount. He was authorized to lool
into the matter and was vested will
the power to act.
Attention was called to the meeting
of the North Dakota Municipal leagut
which will be held in Grand Forks
Jan. Is. Mr.. Cupler hoped that th'
city would be represented and that th
| body would take certain steps toWar'
farming legislation that would be 0
| help to cities of Fargo's size in thl
state Among the bills he hope'
would be drawn and presented to th
coming legislature are measures pro
viding for municipal sinking funds
civil service for police officers and
! commission form of government. On nj
motion the mayor and Alderman Bow
ers, who is vice president of tn
Municipal league, were authorized t
appoint delegates from the council t
| the next meeting.
Bids were received for the neV
white way in the first and second dis
tricts last night. A bid from Fre'
HOFFMAN provided for the complet
installation in both districts for So,
$50. The cost of the Fargo lamp pos
was $50.25, switch boxes $15.15, pos
complete $3.50. cost of the frs
district $1,510.5O cost for the secon
district $1,S28.5O. A bid from tn
General Engineering Co., withou
certified check was not read on vot
of the council. The only other bid wa
from the Fargo Plumbing & Health
Co., which offered to install the pos
at $62 with, switch boxes at SO, wit
$40 to be added If K. and G. posts wer
fused. The bids we're referred to tn
light committee and the city enginee
to report at the next regular meetin
in January. Several sewer estimate
were allowed.