The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-09-19

| ana dld lmmedlately tnerea1tel
present the same to the
Treasurer IF the City Of Bis
, malck, North Dakota, for pay
ment and did cash the same and
receive the money of the said City
of Bismarck in the aggregate sum
and amount of $24,S21.17 therefor,
and that the said T. r. Atkinson,
ever since said time has, and still
does retain and use said money for
his own private purposes.
Unlawful Payments
"Plaintiffs further allege that,
included in the unlawful payments
made as aforesaid, pursuant to said
illegal agreement or resolution,
the said T. R. Atkinson has been
paid by the said City of Bismarck,
acting by and through it's said
Board of Commissioners, for and
on account Of said services as
aforesaid, the sum of $7,950.00, the
money and property OF the said
City of Bismarck, for which there
was no consideration or agreement
whatsoever, and that said payment
was unreasonable, unjust, unlaw-
full and constituted a gift or dona-
ton of the City's funds and prop
erty, to the said T. r. Atkinson,
and that the said T. r. Atkinson
still retains said sum and has not
repaid the same to said City. That
said payments aggregating the
sum of $7,950.00, the property Of
the said City of Bismarck, North
Dakota, to the defendant, T. r.
Atkinson, as aforesaid, were in ex-
cess Of, and in addition to, the fix
ed salary of the said T. r. Akin
son, as said City Engineer, and
also in excess of, and in addition
to, the SO on the actual cost Of
construction, under the terms and
provisions of THE agreement or
resolution of the City Commission
of said City, passed and adopted
on the first day of June, 1923, and
were payments in violation of the
duty and trust Of the members of
said City Commission and were a
misrepresentation and dissipation
of the property and money of the
City of Bismarck, North Dakota.
Duty Outlined
THAT by reason of the fact that
the defendant, T. R.. Atkinson was,
during all of the times mentioned
in plaintiffs Complaint, charged
with the duties pertaining to the
office of City Engineer of said
City Of Bismarck, and that it was
his duty to advise, in a profession
al way, the officers of the City of
Bismarck, North Dakota, as to the
actual cost of all construction work
and the said T. R. Atkinson did
have peculiar knowledge and infor-
nation in regard to the cost If
said construction work, and tho
members, of the Board of Commits
sioners of said City did not have
peculiar knowledge or information
in regard to the cost of said con-
st1uction and engineering work,
the said T. r. Atkinson did occupy
confidential and fiduciary rela-
tionship to the said Board of City
Commissioners and to the taxpay-
ers Of said City, and it BECAME and
was his legal duty to see that all
moneys of the said City used for
construction purposes were expend-
ed economically and efficiently and
that the cost ct such construction
be made as cheaply as possible,
commensurate with efficiency, and
plaintiffs allege that by the afore-
said illegal agreement to pay the
said T. R. Atkinson the sum of $50
of the cost of all construction work
in connection with said water
works system, there arose a con-
flict Ct interest, detrimental to
the public service and to the City
of Bismarck, and the tax payers
thereof, in that it became and was
more beneficial and profitable to
the said 7. r. Atkinson to see that
the City spent large sums of money
in such construction work, and that
such conflict of interest is and was
unbecoming in a public official,
and that any agreement resulting
in such conflict CT interest is
against public policy and void, and
any moneys paid pursuant to said
agreement are paid without con-
sideration, contrary to public
policy and constitute an unlawful
use Of the public funds of the
said City of Bismarck,
"That prior to the 5th day OF
August 1924, by a resolution duly
passed and adopted by the Board
of Commissioners of said City, Z
committee was created whose duty
it was to audit all claims for ma
torials or service furnished sale
City, and all claims for materials
or service were required to be sub
mitted to said committee for audit
before the same was considered OF
allowed by the said Board of Com.
missioners and that at said time
H. A. Thompson was a member ane
chairman of said committee, anc
John Larson and John French were
the other members thereof.
Out of Business Hours
"That Notwithstanding the me
thcds and procedure so adopted b,
the Board of Commissioners il
auditing and allowing or disallow
ing claims against said City, a:
above set forth, and notwithstand
ing the fact that said T. r. Atkin
son had been paid his full salary
as City Engineer, and also $50 OF
the actual construction cost of sail
water works system, the defendant
T. R. Atkinson, did, on the 5tl
day of August 1924, and after tn,