The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-02-25
BRIDGE MONEY
USED DESPITE
LEGAL0PINI0N
Highway Commission Pro.
posed to Use $4,000 in
Paving Mandan Road
BLACK is QUIZZED
Chief Engineer Is Asked Con.
cerning Paving Of Road
West of River

The Highway Commission investi-
eating committee of the House with
W. G. Black, chief engineer, on the
witness stand, turned again to-day
to the paving project from the Miss
ouri River bridge west to the flood
levee this side of Mandan, pro-
ject of 1886 miles which was paw
ed by the Northern Construction
Company Of Grand Forks at a cost Of
$s2,619SS.
All of the money due the con-
struction company has not yet been
paid, Nj. Black testified. The plan
of payment was for the federal gov
ernment to pay one-half, Morton
county one-siXth and the state the
balance. The state share was to be
taken from the cridge fund. The
Attorney General and Judge Janson-
ius ruled that money could not be
taken from this fund without an ap-
preparation from the legislature, and
some money has been paid the con-
struction company from the 40 per-
cent fund" set aside from motor We
hiclc receipts for use by the High
way Commission without specific di-
rection. A bill is pending in the leg
islature appropriating $4,000 to pay
the states share of the road cost.
Employed On Road
You were formerly a member Of
the firm of Black and Griffin, en-
gineers?" Mr.. Graham asked Mr..
Black.
"Yes"
Did you have anything to do with
the original survey Of the Mandan
read vest from the Missouri river?''
"Ies. we drew the original plans,
but they were not .used.", - '.''-'.'-
Mr.. Black said the county commits
sioners of Morton county hired the
firm, with the consent of w. H. Ro-
binson. then state engineer.
He also said the firm had charge
of some of tie supervision of the
building of the road. Mr.. Black
said after he became state engineer
and chief engineer of the Highway
Commission. Mr.. Griffin looked after
the work. Griffin, he said, was paid
from Morton county's share of the
10 perceit fund. He could not say
how much, but said he could find out.
Black was shown the contract with
the Northern Construction Company
for the paving, and inquiry made as
80 payments. Mr.. Black said the so
percent federal aid was paid, Morton
county's part and $4,000 of the
states one third paid the Northern
Construction Company.
"How does it show under your GER
tificate Of November that there is
only due $8,74l.O6 unpaid?" Mr.. Gra-
ham asked the witness, producing a
certificate.
Black replied that the record meant
that estimates had been allowed, and
did not mean that money had been
actully paid. There was contro-
versy between counsel and witness as
10 the manner of answering and
explanation, and Black declared "Pll
answer the question fair or not at
all"
"Well, just read it," said Mr.. Gra-
ham.
"You are trying to make something
else out of it besides what it is,"
said Black.
Mr.. Graham read the statement
in the Highway Commission records.
Other Records
Mr.. Graham produced other rec
ords, including statement by O..
b. Lund, auditor, Of amounts paid
the Northern Construction Company.
Black was asked if, added together,
they old not make a total of $83,171.-
so paid the construction company.
Black declared this did not mean
the amounts. were paid, but that
tund took his figures from vouchers,
which had to 60 before the auditing
. board before warrants were issued.
Bllck said tbeEe was due the
Northern Construction Company the
difference between $4,000 and the
states one-third. 1t was not stated,
but the amount figured about $4,000,
still unpaid.
Black was asked why the vouchers
were not approved and he said prob
ably because Of the attorney-gen-
erals opinion that the money could
not be taken from the bridge fund.
eyes, and l still think we, have
the right to do So" said Black.
"And you went ahead and attempt
ed to take money from the bridge
fund in defiance Of the attorney
generals opinion asked Graham.
1T was not in Defiance" said
Black.
Graham showed the opinion of the
nttorney-general's office on the mat
ter. Black also was asked about the
opinion of Judge Jansonius to this
effect.
He was asked IL he had anything
to do with bill introduced in the
legislature to provide for payment
of $4,000 to the Northern Construc-
tion Company. the question being
asked after the witness said about
$4,000 was still dnpsid to the COM
pany. I. .a...
"Yes." replied Black. aths attoy-
lContinusd g ~ thrss)
b & G y