The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-10-22
ACTION BEGUN
TO RESTRAIN
PAVING WORK
Burleigh County Taxpayer
Asks Court For Pcrma-
rc::t Injunction
HEARINT-, WEDNESDAY
Ccr,plsc:nt Alleges That Con-
tract With Haggart Com
pany Is Illegal

The work of paving that part of
state highway No. 3 between the
city Of Bismarck and the state peni-
tentiary. which was started the first
of the week by the Haggart Construc-
ton company Of Fargo, has been halt
ed by injunction proceedings. Pa
pers were served late yesterday on
| the company. the Burleigh county
| commissi ioners, the county engineer,
! the members of the state highway
! commission. the county auditor, and
! the state auditor temporarily re-
| straining the work or the payment
| therefor until the action can be
argued in court.
! The plaintiff in the action is Pa
! trick +. Sullivan, a resident and tax
payer Of Burleigh county, and he
has moved that the matter be heard
| before Judge J. A. Coffey of James
town on Wednesday, October %, and
that an order be issued in that
court enjoining the defendants from
proceeding further with the work
! The plaintiff is represented by Sulli-
van, Hanley & Sullivan, Mandan at
tOlneys.
The Allegations
Among other things, the plaintiff
alleges:
/ That the Haggart Construction
company has started the work on this
piece of road under an alleged con
tract claimed to have been entered
into by the company and the Bur
leigh county commissioners and w
, G.. Black, acting as state engineer;
That 7. +. Atkinson, purporting II
act for the state highway commits
sion and as county engineer, has Civ
, en- the contractor the stakes, guard
and grades for use in carrying ou
I | the construction;
$ That part of the cost, under term
D Of the alleged contract, is to be pal
@ by the county, part by the state, an
!. part by the Northern Pacific and So
/ railway companies under an allege
/ private understanding, and part ou
h of federal aid funds;
0 That the county board has neve
made any written application to tn
k state highway commission for aid i
G improving this piece of road wit
: hard surfacing;
f That no state engineer has mad
@ any survey. plans, specifications
n estimates of the cost of this work;
That the county board has neve
h requested the highway commission
e secure the cooperation of the Unite
/. States in order that federal aid
n the extent Of so per cent of the tot;
d cost may be obtained;
That the alleged advertisement fe
bids on this work was done who'll
without legal authority and witho,
complying with the requirements
the laws of the state and nation;
That Burleigh county has not al
Vuh n n
its pro rata share of the cost Of tf
work, that it cannot appropriate sue
moneys and that it does not have
I any available fund sufficient none!
from which to make such necessal
4 appropriations, and that there al
no funds available to Burleigh cou1
ty in the state treasury sufficient
pay the pro rata share of the sta,
s highway commissions;
That no project agreement n;
been entered into between the bu
eau of public roads and the sta
highway commission with referen'
to the proposed Improvement.
No Contract Made
The plaintiff alleges that he HI
'r been informed and believes that !
le contract was ever entered into IN
m far as the state highway commissl<
., a. or it's chief engineer is concern'
" with the Haggart Construction cor
:, pany, and that as a matter OF ia
N on the 18th day of September, 192
20 all bids submitted on this work we
20 ! rejected. The plaintiff contends tn
N the purported acceptance of the Ha
j. CART company's bid by the Burlei'
rs county commissioners is illegal al
g that if the work is completed al
J., the defendants proceed to pay t
l. company, the payment would De
legal and unlawful and would co
70 stitute an unlawful and illegal dive
~ sion of public funds.
y Hearing At jamestown
~ The matter is stipulated for hea
ing before Judge Coffey at Jane
D. town because of the fact that bo
* * Judge Fred Jansonius Of Burlei
y county and Judge Berry OF Mort
s county are out Of their respectl
s. iurisdictions at the present time.