The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-09-19
VALIDITY OF
WATER BONUS
TO BE TESTED
CONTINUED from mage One.o

Continued from page One.)
water main and water works Dis
trict No. l, in said City and at said
time did also pass, approve and adopt
ant, T. r. Atkinson, as City Engineer
of said City. to prepare plans, speci-
fications and estimates of probable
cost for the construction of a water
works system in water main and wa
ter warks District No. ], of said
City, such plans, specifications and
estimates Of probable cost to pro-
vide for the construction of a filtra-
ton plant building, mechanical filter
equipment, pumping plant, reservoirs
and a complete cast iron distribution
! system, such water works system to
| be so designed as to provide the citi-
| zens of said City with an adequate
supply of pure water at a minimum
cost per one thousand gallons and to
further provide ample fire protcc-
ton.
"That Immediately thereafter the
said defendant, T. II. Atkinson, as
said City Engineer, did furnish to
said City, certain plans, specifica-
tions and estimates of probable cost
for the construction of a water works
system as above set forth, and said
plans were duly approved and adopt
ed by said Board Of City Commits
sioncrs.
"That thereafter said City of Bis
marck, North Dakota, acting by and
through its said Board of City Com
missioners, did advertise for bids for
said work and did award contracts to
various parties therefor, and did
cause said water works system to be
constructed in accordance with said
plans and specifications. and that
said water works system did aggre-
gate the sum of $685., 52S:9l.
His Official Duty
THAT it became and was the Off
cial duty of the defendant, T. R.
Atkinson, as said City Engineer, to
prepare all of the necessary plans,
specifications. estimates Of cost, and
to perform all of the necessary en-
gineering work, insaad about the con-
struction Of said wafer works sys-
TEN, or pertaining thereto.
THAT on the first day of June
1928, and after the said T. r. At,
kinson had entered upon the per-
Torrance of his official duties in
80
gineering work for the construction
Of said water works system for said
City, and after the said City En-
gineer had performed large part
of his said duties in connection
Herewith, and had drawn plans and
specifications. and had made esti-
mates of cost in connection there
with, and had been paid in full there
for, the said T. R. Atkinson did re-
fuse to perform his legal duties in
connection with his office as said
City Engineer until and unless furth-
er and additional compensation was
made, or agreed to be made, by said
City to him in payment therefor, and
that at the time the said T. r. At
,, kinson 80 refused to perform his Of
fetal duties in connection with his
said office, it was inexpedient and
difficult for the Board of City Com
| missioners to secure the services Of
| any other engineer for said work for
the reason that the said I. R. Atkin-
son was at said time duly appointed,
qualified and acting City Engineer,
| and the said City Commissioners had
! no legal power or authority to Sc
cure the services of another engineer
while the said T. r. Atkinson occu-
pied said office and that it would
have subjected the City to vexatious
and expensive delays, at time of
great public necessity, had they un-
! dertaken to remove the said T. r.
Atkinson from his said office and,
therefore, they did, in attempting to
avoid the aforesaid expense and de-
| lay, purport to agree by resolution
adopted June 1st, 1923, to pay to said
T. r. Atkinson further, additional
and excessive sums of money out of
| the funds of the said City of Bis
marck, to-wit: per cent on the &C
tual construction cost for said pur-
pose, and the said I. r. Atkinson
thereafter did file with the City Au-
ditor of said City, and present to the
Board of Commissioners of said City
certain alleged vouchers and claims
by him against said City for his en-
| cheering services in connection with
the construction of said water works
system, for the aggregate sum OF
$25,321.l7 and that the said A. p
Lenhart, c. w. Henzler, John French
and John Larson, as members of, and
constituting the President and the
majority of the Board Of Commits.
sioners of said City, did, between the
first day of June, 1921 and the 18th
day Of August 1924, knowingly. will
fully, deliberately and wrongfull4
audit, approve and allow said GAINS
at the times and for the amounts as
follows:
Payments Made to Atkinson
Warrants
Date Numher ANTS