The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-09-05
OPINION
WILL BE ASKED
BY COMMISSION
Powers and Limitations of
Commission in Water Ques-
tion Will Be Sought "
O'HARE MAKES A REPORT
Tells Commission of His Dis
cussiOn of Purchase Price
of Plant with Flannery
O'HARE MAKES A REPORT

Acknowledgement Johnson will b
asked by the city commission of Bis
marck to give an opinion as to the
legal problems involved in any act
ion taken by the city to purchase
the present water plant or to builc
new plant, the limitations with
respect to a bond issue and Other
legal problems which may be in
volved.
The commission has instructed the
city attorney to take this matter ur
with the Attorney-General in order
that the city may have an opinion
from a legal department not connect
ed with the city, according to com.
missioners. -..s.,s..
1t is the opinion of City Attorney
O'Hare that their is no limitation
on the commission in the matter OF
building q new plant. Mr.. O'Hare
in his report on the case heard in
the federal court in St. Paul in
which temporary increase Of 3d
per cent in water rates was author
lied, said in part:
"In connection with the matter,
wish to report to you a conversation
l had with the Honorable George r
Flannery, president of the Bismarck
Water Supply Company at st. Paul
with reference to the purchase OF
the present water plant by the City
of Bismarck. first suggested to
Mr.. Fannery that l would be pleased
to carry an offer from him for the
sale of the water company to the
people of Bismarck and the City
Commission provided that the price
was reasonable. Mr.. Flanery then
wanted to know what l considered q
reas sonable traee; l told him that in
my opinion the p liant was not worth
to exceed 100000, but that l was
willing to-. recommend to the city
commission and the people of Bis
marck that they purchase the plant
for $25O,OO0. Mr.. Flannery then
stated that he did not consider $780,
900 affair offer, and that he did not
consider any offer fair offer un-
less it was for approximately $780,
600 to $5O0,OOO. = - r
Two Issues
"As I view the present situation
it will be necessary for the city
either to buy the present water plant
or to build a plant of its own. The
constant friction between the water
company and the city and the failure
of the water company to make any
Improvement demanded by the city,
leaves the city and inhabitants
thereof in a situation where we are
compelled to use a poor grade OF
water, which at various seasons OF
the year needs to be boiled, and is
danger. to the community. Fur
ther the city is without adequate
fire protection and there are a great
many districts in the town where
the water pressure is so low that 1t
is impossible for the users at times
to get water into the upstairs OF
their houses to flush toilets and for
other purposes.
Ordered in Extensions
"The Board of Railroad Commits
sioners has ordered in one extension
which was to have been installed by
June first of this year, from which
decision the water company has ap-
pealed to the district court. There
is another application forEan exten-
sion pending now before the commits
sion and undoubtedly if this exten-
sion is ordered in by the commission,
the water company will again appeal
to the district court. And the water
company has failed to construct and
nut into effect any of the repairs and
extensions ordered by the railroad
commission in its former case. with
the result that the action OF this
utility is the one element which
greatly retards the growth OF BIS
marck.
"A few years ago there were petit
tions signed by approximately 2,2oo
users of water in the city OF BIS
marck and filed with this commls-
sion asking the city to build, install
and construct its own water plant
and in view Of the present situation
I would respectfully recommend that
this commission put the question Oh
building a new water plant up to tne
citizens of Bismarck at speclal
election. This question could easily
be passed by the voters on the ques-
tion of the issuance Of $5oo,ooo'
more or less, of bonds for the pur-
nose of building new water plant
Litigation Must End
ut is apparent from the course Oh
,;t;pation and the trend Of affairs
that the water company does not
want to and will not make any I'M
movements to it's present system
unless compelled to do so by the
coruts. The water company wants
to sell it's plant to the city and they
are endeavoring to obtain price OF
approximately s5oO,ooo. The fran
chise held by the water company IS
not an exclusive franchise and there
is nothing to prevent the city from
proceeding to build a water plant II
it so DESIRES"
vrrEnnTNr DTNCC