The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-11-16

CnarSeS LnaC attorneys lOF lue Wd'
ter company had not allowed ttheil
case to rest with the railroad COM
mission, but continued to button
hole" commissioners in hotel lobbies
and confer with them in offices o.
counsel, from the time of the hear
ing last winter until the decision was
made, were hurled by G. l.. Young
special city counsel. He declared tbs
city might expect the same tactics
would be pursued in any arbitratio"
scheme.
Aandahl Mentioned
The talk brought q retort from
Judge f. r. Burke, who presented the
petitions, to the effect that he had
known Sam Aandahl, railroad com
missioner for 40 years. and that Aan
dahl was above insinuations that che
cold out in the matter"
81 am not charging Sam Aandahl
with selling out said Mr.. Young
but he has publicly confessed he's
not capable of holding his job, and
if he's not a knave in this case he's I
fool"
Theodore Koffel who talked for ar.
bitration. later brought the question
of improper influence on commissions
ers before the meeting
Did you not, as president OF the
Commercial club, appoint a member
of the railroad commission on com
mittee in this matter while the case
was still pending?" asked kOffel Of
Mr. Young.
"The appointment of citizens COM
mittee to confer with members Of the
city commission was requested re-
piled Mr.. Young. r..
"You shouldn't say so much about
tampering with railroad commission
ers, under the circumstances" an
swered koffel t .
Koffel was referring to the appoint
ment of Frank Milhollan to a citizens
committee last summer. while the case
was still pending in the railroad COM
mission. .si
Those Who Spoke
Those who spo ke at the meeting
were Judge Burke, o. E. Anderson,
M. A. Edberg, A. J. Nathan, Fraync
Baker. F. O. Hellstrom, Joe Kelly,
Theodore Koffel, r. L. Best, P. r.
Byrne, H. F. O'Hare, c. l.. Young,
George Gussner, Art Gussner, VIM.
F. Harris. B. E. Jones, Mayor A. w.
Lucas.
There were occasional cheers and
laughter for the various statements
during the long hearing. Fear OF the
city's being "jobbed" during an ar
bitration hearing was expressed by
some, and talk Of tying up rep.
resentatives of the water company
while there were negotiations was ex-
pressed by some.
while you're talking about lying
up persons on the water company
side, l think there are some on the
other side who ought to be tied up,
too' said P. E. Byrne.
Burke's Explanation
At the start of the hearing Judge
Burke, presenting the petitions with
ITO names on them, which contained
some of the rcity's largest taxpayers,
and representative business men and
saying he had more Of them, declared
that the gist Of the expression OF the
petitioners was that the city commits
sion should make reasonable effort
to settle the matter by arbitration.
He said he believed it was the mos
speedy and satisfactory way and that
the city could protect itself amply
in the appointment of arbitrators. He
said he understood the water company
was willing to leave the appointment
of the third arbitrator (the city TO
name one and the company one) to
almost any fair minded persons.
Rurke declared the litigation was
extensive and slow.
"If the supreme court reVerses Tue
present case, we will be back where
we started" he said. ut will take
eighteen months to get the case
through the federal district court. Ii
an appeal is taken it will be three
years more.
He said that if the city was afraid
of being '.jobbed' in arbitration, II
might well be afraid OF pitfalls III
other methods. He declared that If the
city failed to accept arbitration WheA
it was offered, it would go into court
at a disadvantage-with clean
hands.
The water company, he added. was
willing to let the third arbitrator oe
any federal Judge outside OF NortA
Dakota, if Judge Amidon did not
serve or was not satisfactory. me
company would turn the plant over III
On davs he said, and would take bonds
for payment
Anderson Against 1t
O. E. Anderson, of the O. E. Ander-
son Lumber company, the next speak
er, said that the people had elected
the city commission and unless the
members of the commission stepped
in and ask the people to take the
load off their shoulders he was Will
Continued on Page A. {