Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-06-10

that of states witnesses it was not OF
consequence, as they had testified as
to 10O-pound sacks of flour.
Mr.. Conley's connection with the
state highway commission and auto
mobiles used on highway work wal
brought out by Attorney O'Connor.
Mr.. Conley said he never received any
pay from the highway commission, nor
any expense money for any purpose
whatever, except his fare when travel
ing by rail, and that he even paid for
his meals while out on this line OF
work.
The sixth cause of action, under
which the state seeks to recover $780,
600 for convict labor performed in on
struction of the plant of the South
Deer Lodge Water company, which
was built by Conley & McTague, and
the further sum of $42, 1926, which
was paid by the state to the water
company for water supplied the prison,
was then taken up by the defense.
Mr.. Conley testified that the water
system was constructed in 1903 and
1905; that it consisted of two reser-
voirs and two lines of pipe, each 11.OOO
feet in length. and that in 1913 an ex-
tension of 1900 feet of pipe was laid
During this latter work convicts were
employed and were paid at the rate OF
So per rod for digging and So per day
for other work. The defense intro
duced a statement of the labor cost OF
this work, totalling 1898, all of which
was paid to convicts. -,
Conley testified that in 1911 a break
occurred in the pipe where 1t crosses
the river and it was necessary to OBJ
tain water from. the Citizens Water
company for a period of 151 days, Nm
til the water went down in the RIVER
and the break could be repaired
Three Times ConIey Cost
Figures from a report of State Ac-
countant Stewart were read which
showed that $1.61O.54 was paid the
Citizens Water company for this serv-
ice, the daily cost being 5000. while
the daily cost of water from the Con
ley & McTague plant was but $3.50.
Mr.. COnley said that from 1908 to
1911 he had the matter of water rates
up with the board and never could
come to an agreement. He said he In
sisted upon the state paying him al
the rate of half what it was paying
for water at the state capitol, 10 cents
per thousand gallons. He said he
wanted the state to buy the water
plant, but the board did not have
money and was well satisfied to ecure
water from his plant at the rate be
was charging, which, he said, was the
lowest then charged in the state.
As to the lower rate of 2 IL cents
per thousand gallons granted the Mil
waukee railway he said that was Civ
en- for a period of 10 years to induce
the railway company to locate its shoE
in Deer Lodge and that in addition
he had given the company 5000 in
cash. He said he thought it was a
good investment as the town had
grown from a population of LOCO to
$500. He said at the expiration OF
the 10 years the Milwaukee rate was
increased to six cents per thousand
gallons, the same as is charged the
state.
Conley said he tried to induce state
purchasing agent Wood to advertise
for bids for water for the prison and
agreed he would not put in a bid but he
is still furnishing water to the prison
at six cents and the state board has
never appealed to the public service
commission for a reduction.
Asked as to his valuation of the
water plant he said it was worth $75,-
wv vi hcI ina II AosS
of interest in the Deer Lodge valley
is s per cent and at that rate the plant
should produce $4,000 a year. However
it was brought out that net earnings
last year were S5,453 and after de-
Quoting SIGH as annual depreciation
as allowed by the public service com
mission, this would leave but S3,S37
or an earning of about five per cent.
Initial Cost Was $4,000
Cross-examination was taken up by
Mr.. Rankin, who asked what the plant
had originally cost and witness said
he did not know but he thought pro-
badly $4,000. He said he had paid
sd 900 for the Mason ranch and its
water rights and that he had after
ward sold the ranch of 700 for $1j
per acre and had retained so inches
of water Tin Cup creek. He did not
know what the pipe line had cost, as
nothing had been paid for the labor,
but hat the line consisted of $4,000