The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-11-12
UTILI TY BOARD
POWER QUESTION
is NOT RAISED
NJ y
Taxpayers Suit Against Water
Company Sticks to Rate
Questions
AssA1Ll. HIG HER RATES
Attack Made on Board of Rail-
road Commissioners Action
'in the Case
ASSAlL,. HIG HER RATES

Constitutionality of the 1919 statute
placing the eipublic utilities under the
control of the state board of rail-
road commissioners will not be raised,
it was stated today, in the taxpayers
suit brought to restrain the Bismarck
Water Supply company from putting
into effect a GO per cent increase in
water rates granted the company by
the board OF railroad commissioners
under a proceeding instituted by the
city commission of Bismarck
The case of the tax payers was to
be argued in supreme court late today
by Audrey Lawrence Of Murphy 4
Lawrence, Fargo, c. L. Young and Fl.
F. O'Hare, upresenting jointly the
city Of Bismarck and the taxpayers.
4 1t was stated informally that the
move to prevent the new water rates
from becoming effective would take
the form of drive upon the consti-
tutionality of the public utilities act.
Those interested in the case, how
ever, said that any intention TO pro-
ceed in this manner had been abaN~
doned and the matter would be fough'
out on the straight issue that the rail-,
road commission in granting these IN
creased rates had exceeded their pow
ers: that the rates were too hlSh
and that the railroad commission eX-
ceeded it's authority in granting them
under the proceedings instituted orig
inally by the city OF Bismarck.
A, Two Suits
There are now pending, two major
suits in, the controversy over the. wa
ter rates. The one to be argued today
and another in federal court for the
condemnation of the plant by the city.
1t is proposed under the latter case.
for the city to take over the plant
under condemnation proceedings.
The Bismarck Water company as
counter move to both these actions
has informally through published ad'
vertisements offered to sell the plan.
to the city through arbitration as
laid down in the present franchise
of the company. The franchise which
the city commission has revoked
through ordinance on the. ground OF
inefficient service has several years
to run, but according to statements
published in the advertisement and
through circulars to water consum
ers. The Bismarck Water Supply
company, consents to waive the time !
limit and proceed at once under ar
bitration. -f
Upon the issue of and the necessity |
for lower water rates in Bismarck |
and the speedy ownership by the CITY |
of it's water plant there seems to be /
almost/an unanimous opinion. Prac-
tically every citizen wants the city !
TO purchase the water plant, get It |
out of politics and secure for Bis
lnarck water rates and service that
obtain in other cities Of like size in |
North Dakota.
The question of how best to arrive
at this end, however, is in controversy,
Some citizens having the welfare OF
Bismarck at heart believe that litiga-
ton such as has been started will
secure tue pidlll LII WIG wy AAANi~
than arbitration.
On the other hand, however, there
are some citizens who have the vel
fare of the city as equally at heart
who fell that arbitration would be
short cut to that epd and less eX-
oensive to the city than prolonged
City to Get Plant
In anyEevenE however, it seems Ger
ain that in the course Of time, Bis
narcn will own it's own water plant
md eliminate a controversy that has
,gitated local politics for many years.
The problem now is being studied
rom all angles by the best minds,
md out of free, fair and honest dis
,ussion will come the right solution
me that will be fair to the city. or
as we'll as to the Bismarck
Water Supply company. -
One group Of citizens who believe
hat litigation is the proper procedure
ire now in the courts. Others WHO
hink arbitration is a better route
ave started the circulation OF pef''
ions which they propose to present
O the city commission at an early
Meeting.
Whatever the outcome, the only IN
crest to be considered is that OF
onal Justice to all, many feel. L.
S purely a business proposition allo
hould be settled solely along busl- t
ess lines without allowing any con-
roversies not germane to the mann
ssue to initiate against an equltabin
ettlement of Bismarck's water prov
am which is of most vital concern