The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1920-11-19
CITY LOSES IN
WATER CASE IN
FEDERALC0URT
Judge AmidOn Holds That the
City Cannot Condemn Bis
marck Water Supply Co.
NO AUTHORITY GIVEN
Under Existing Statutes Only
Method of Acquiring Prop
erty Is by Purchase

The city cannot condemn the plant
of the Bismarck Water Supply COM
pany, Judge Amidon, of federal dis
trict court at Fargo, held today.
Judge Amidon sustained the de-
murrer Of the attorneys for the water
company to the petition filed by the
. city of Bismarck. The case was
argued yesterday afternoon and this
morning in Fargo. Andrew Miller and
H. A. Simpson appeared for the water
company, and G. L. Young H. F.. or
Hare and Audrey Lawrence for the
city.
A formal ruling is expected to fol-
| low the verbal decision of Judge Ami
don, reached at the conclusion Of the
argument. The judge held that there
was no state law by which water
company could be obtained by con-
demnation by municipality.
The case was filed originally in the
Burleigh district court, but was re-
moved to the United States district
court by the water company as a for
eign corporation, being incorporated
under the laws Of West Virginia. An
other case in which, the city seeks
to cancel the franchise also was re-
moved to and is pending in federal
court.
The decision of Judge Amidon Is
held to mean that If the city acquires
the plant it must be by purchase OF
the owners Of the company.
YOung'S Statement
G. L. Young, special counsel for
the city, who made one of the argu
ments in the condemnation suit for
the city in United States court at Far
go yesterday says: The city attorney
and | advised the city commissioners
before the condemnation suit was
commenced that it was very doubtful
if the city had authority to condemn
the cOmpany's property under existing
statutes. In fact our judgment was
against this power In order to set
at rest all doubt about the matter the
suit was began under the direction OF
the city commissioners. The courts
decision makes it impossible to ac-
Quire the company's property in this
way until further authority may be
granted by the legislature. We, OF
course, had to take the statute as
we found it and the court has held
that it does not, give to the city au-
thority to condemn property of the
company" +
Mayor Speaks
Mayor Lucas, ON learning of the
decision, said: }V@.
81 was not wholly unprepared for
this bit Of news. The city attorney
and G. l.. Young, special counsel, ad-
vised the city commissioners before
the suit to condemn was started that
in their judgment it was very doubtful
if the action could be successfully
maintained. We directed the bring
ing of the suit 50 we might know
the city's' powers. This apparently
leaves open to us one Of the follow
ing courses: the city may proceed
to build it's own plant, without refer
cnce to the plant owned by the water
company, or purchase same, or au-
thority will have to be procured from
the legislature to condemn the proper
" of the company before we can pro-
ceed with the condemnation suit. II
one of these courses is not followed,
the private ownership of the water
system will have to continue under the
regulation of the railroad commits
sion.'