The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-10-01
ED. PATTERS0N'S
USE OF ENGINE
OF co. ASSAILED
President of County Commits
siOners Stops Road Work to
Thresh His Grain, Charge
ALSO GOT CONVICT HELP
Commissioner Ward Asks Court
to Stop Use of County Proper
ty for Private Gain

ty for Private Gain
Action has been started in the
Burleigh county district court
by Birlea 0. Ward, county COM
missioner, to restrain E. G.. Pat
terson, county commissioner,
and Warden Stair Of the peni-
tentiary from using a road en-
gine owned by the county to do
threshing on the Patterson farm
near the penitentiary land.
Judge Nuessle denied an injunction
the engine, but issued an order di-
recting them to show cause why they
should not be restrained from using
public property for the alleged pri-
vate purposes as set up in the COM
plant filed in the district court by
F. E.. McCurdy. attorney for Mr.. Ward.
The order is returnable Saturday
afternoon when the controversy will
be presented to the court. ..
Warden Stair stated today that it
has been customary for the peniten-
tiary rig to do threshing for farmers
In the immediate vicinity. He de-
clares that he charges these farmers
the same price that he pays on his
own farm in Bottineau county. The
rate charged, he said, is $1450 an
hour and the farmer furnishes his own
coal where threshing is done out of
the stack.
81 am charging Mr.. Patterson" said
Warden Stair, 1926 a day and furnish
ing the coal. One of our engines
broke down and application was made
for one of the road engines.
81 understand there is some dispute
over the matter and l have been di-
rected to appear in court Saturday
in answer to an order"
The position of Commissioner Ward
is set forth in the complaint. H.
takes the stand that as custodian of
public property he is responsible for
the equipment. Commissioner Ward
is also opposed to the manner in
which request was made for the equip
ment. s@+tsSs
1t seems that the road equipment
is allotted equally to each of the five
county commissioners. Mr.. Wards
equipment was in Bismarck under
going repairs and was considered
most available so when the peniten-
tiary engine broke down, Mr. Patter-
son suggested to Pat Kelley, peniten-
tiary foreman, that The county engine
might be obtained tu replace the state
engine at work on his farm
During the negotiations for the
county engine controversy arose
over the advisability of allowing pub
lie property to be put to this use and
the legal steps were then taken by
Commissioner Ward to settle the mat
ter for all future time.
The county engine was used Thurs
day. but not put into action today.
Word was sent into town that the
chairman of the board of county CON-
mission might dig potatoes until af-
ter the court decided what liberties
could be taken with public property
for private usages.
The complaint is made by Mr.. Ward
on behalf Of himself, as county
commissioner and as representative
of taxpayers. '-'' ,
Taxpayers Lose
Mr.. Ward alleges that the Aultman-
Taylor gasoline tractor, a grader and
other road-making equipment was as
signed to him as county commissioner
to be used in making roads in his dis
trict. He was charged with the re-
sponsibility and management Of this
property and he has cared for and
managed the operation of the road
making machinery during the season
of 1920.
He further says that there is other
work yet to be done in his said dis
trict and that he is desirous of per-
forming same; and that E. G.. Patter-
son. without authority, has wrongfullv
assumed possession of and taken
charge of the said Aultman-TaylorI
gasoline tractor and has removed the
same from the district of the plaintiff
and has caused the same to be turned
over to the authorities of the state pen
itentiary and that the said Aultoman-
Taylor gasoline tractor is now in use
driving threshing machine on the
farm of said E. G.. Patterson and is
now furnishing the power for thresh-
ing the grain belonging to the said
E. G. Patterson and is located on his
farm
Roads Neglected
The Aultman-Taylor tractor is a
valuable piece of machinery, the COM
plant says. and further "that the
roads, public highways in the county
commissioners district for which the
said road-making machinery was des-
ignated are not being improved be-
cause of the want of this Aultoman- |
Taylor gasoline tractor, and that the
said Aultman-Taylor gasoline tracto; |
is being worn, used and damaged by
the defendants for the benefit of said
E. G. Patterson and without compen- |
sation to Burleigh county and without I
authority in law or. otherwise; that
the plaintiff believes that unless the
said defendants are restrained in their
conduct in taking the said Aultoman-
Taylor gasoline tractor from the pub
lie work of road-making in the county
and using the same for the personal