The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-09-19
Taxpayer Seeks to Recover
Three Per Cent Commits
sion Paid Atkinson
RUSH BILL THROUGH
No Time Given Between Al
l0wance of Bill and Cash
ing of City Warrant

HenZlef, JOnn Larson, JOIN
French, city commissioners
and T. R. Atkinson, city en-
gineer, the courts are asked
to determine the validity of
the three per cent commits
sion paid Mr.. Atkinson upon
$265,000 or the purchase price
of the Bismarck Water Sup
ply company plant. The action
is brought by Marcus A. Ed
berg, a pioneer citizen of Bis
marck and a tax payer,
through his attorneys, Crum
& Crum of Bismarck, N. D.
The action is a suit to re-
cover into the city treasury
$3.50 alleged to have been
paid illegally to Mr.. Atkinson.
Four of the city commission
ers and the city engineer are
sued personally for the above
amount.
Mr.. Edberg has been taxpayer in
Bismarck for many years. He finds
that in 1922 his taxes were boosted
thirty percent and that on some
pieces of property in 1928 the in
crease was $50 percent. Like a num-
Der of other taxpayers, he finds his
income from real estate is being
diminished by what he contends is
excessive taxation due to extrava-
CANT and illegal expenditures and in
behalf of large group of tax payers
this action is started to determine
the legality of the $3.50 commission.
Thompson Not Sued
H. A. Thompson is not made de-
fendant to the suit because he voted
against the alleged gratuity.
It is set up in the complaint in de-
fense of this kind of action that no
time was given to institute injunc-
tion proceedings for the reason that
'"either on the evening of August
S, 1924, after business hours or on
the morning of August that said
warrant was presented to the city
treasurer and cashed by said T. r.
Atkinson on the morning Of August
6, Immediately upon the opening of
the banks Of said city, the alleged
voucher or claim in payment Of
which said warrant was so issued, as
aforesaid, was never presented to
said auditing committee either prior
to its consideration and allowance by
the board of commissioners of said
city or at anytime, and that the
members of said auditing committee
had no official knowledge of the ex-
istence Of said claim prior to its con-
sideration and allowance by the
board of city commissioners and that
this plaintiff had no knowledge of
any of said transactions prior to the
payment of said warrant and no op-
portunity to restrain or enjoin the
payment of the same"
Papers in this action were served
upon the defendants today and the
hearing will come before the district
judge in the" near future. The COM
plant follows in part:
The Complaint
"That at all of the times herein
after mentioned, the defendant, T. R.
Atkinson was, and still is, the duly
appointed, qualified and acting City
Engineer of said City of Bismarck,
North Dakota, and, as such City En-
gineer. is charged with the legal
duty Of performing all the duties
pertaining to his said office, includ-
ing all engineering services, inspec-
tion Of all construction work done
by or for said City, the preparation
of all necessary plans, specifica-
tions and estimates of cost for the
proper construction and maintain
ance of, and all paving, sanitary,
storms or lateral sewers, street light
ing system, alley paving, pumping
plants, reservoirs, settling basins,
water mains, and for professional
engineering advice, services and su-
pervision in regard to all of the
above named duties, and that during
all of said times, and at this time,
the, official salary of the said T. R.
Atkinson, as said City Engineer, has
been and now is, duly, legally and
definitely fixed and determined at
the sum of $4,000 per year; provid-
ed that in addition thereto, the City
shall furnish him an office in it's
City Hall, together with light, heat
and telephone service.
Approve Resolution
"That on the 18th day Of April,
1928, the Board of City Commission
ers Of the City Of Bismarck, North
Dakota, in regular session assembled,
did pass, approve and adopt reso-
luton declaring It to be necessary to
constflct a wafer works system in
(Ceatinusd on page 81