The Bismarck tribune., 1929-04-25


l0.l74.74
e.33l.71
Total Total p.ym;i. ,:::,;:.s :::,,;:s:: ''';'':4
s3s,57s:3 $:s,57s.c3
This action Is made subject 10 the
approval and direction OF Judge
Eol! I.l!: swanson. ave; seaer,
aye; Moynier. aye; Fr'cke. aye: viii.
Tcstlnomy Agrees
The testimony In relation 10 what
was done and said comes from all The
Commissioners, from Sullivan, from
ii appear. that At the time Mccurdy
came before the board a proposed
draft OF \ resolution accepting the
compromise offer had been drawn UP
! and that McCurdy stated to the board
that he would not sign any stipula-
tion unless the county commissioners
ordered him to; that they would have
to put into tho resolution that he was
not only authorized but directed to
would not sign it unless they put
into the same the exact figures from
Judge Grimson's memorandum opin-
lon, and also notation that whatever
litSy Atu HUNl OG SUBJECT 10 Tue Aps
rroval and direction OF Judge Grim
son.
Thcreupon the changes, as required
by McCurdy were made as shown by
Exhibit 5 and the resolution was
| unanimously passed. He states fur
ther that he did not talk with
single member OF the board about
the compromise.
Mr.. Mccurdy was then faced with
the proposition Of determining what
| to do in view OF tho fact that not only
was he states attorney and subject,
| as he felt. to the order and direction
Of the board OF directors. the fiscal
agents Of the county. but he was the
attorney for the protesting and ap-
pealtng taxpayers, and he seems to
have recognized at all times the en-
barrassing situation In which he was
placed by the passage Of the resolu.
tion.
| One Of the protesting taxpayers
was Fred Peterson, one Of the own
ers OF the Grand Pacific hotel, 4
competitor OF Patterson. and one OF
the parties who had been most ac-
tive in fighting to compel Patterson
to pay In full the amount OF his taxes
ana to defeat the compromise made
in 1925. Mr.. McCurdy called Peter
sons attention to the resolution and
suggested to him that he see Messrs,
zuKer & Tillotson who had appeared
with MIR. McCurdy in the trial o: the
action before Judge Crimson and who
had also been retained and paid by
ers to protect the county's interest.
Explained situation
| 1t seems he also called MIR. Hughes
attention to the new developments
and, ana on On, No. Novemher 18th, as appears
Judge Crimson telling him Of the
complication that had arisen and in
dicating to the court the delicate
position in which he was placed by
N0NstS tau
1t appears also that George F. win,
chairman Of the board of county COM
missioners. also wrote to Judge
Crimson calling his attention to the
compromise proposition.
1928. as appears from Exhibit 3
Judge Crimson wrote all the par.
ties advising that he could not give
an advance opinion as to the legal
wers tnst ,rn.S M9"s sS i stP p
Mr.. McCurdy as states attorney. but
asked that briefs for and against /,
: be submitted. Meantime Mr.. MeCurdy
had been hearing from Mr.. Hughes
. for Mr.. Hughes, Messrs. o'Hare, Coz
& Cox. on November IS. as appears
from Exhibit s. wrote McCurdy theil
! views In the matter. stating very
hey for. the taxpayers and not At
torney for the board OF county COM
mlssioners. and calling attention Il
) the peculiar and anomalous circur
stance or condition In which Nc
the proposed stipulation, and indicat
. ing that In their opinion 1t woult
constitute agfave breach OF dut,
we're ne 70 enter INTO the stipulation
protect the interest OF the protesting
, taxpayers.
Board Caused Situation
The ditiiculty III IN this matter grew
J Mccurdy had appeared Tor tho pro
testing, taxpayers the complexion 0
the board OF county commissioner
changed ana the anfi-Pattefson fac
Lon. lion. as s ,nsre.orore sta stated. came Int,
supported and helped make unani
NOUS the adoption OF the resolution
!. " Nr.:-d, ny: 40, lso, aoove set out;
sons for finailv dec;dinr 81 ~ .;n nss rtn -,
stinn,a,;on. Mi, ~, uecau'"k ,.n. T.. 10 sign "a
iivan Of connsei Sor r.ttsr.a; r.dm us su, n,
many changes made de- thertin sfrsGn; b1 Mc as'
Euris;,h ~ cnnntt, protect m Inc interests IN
J tha san,a nn4;l IL. l.t..r nv not srk
: cemhsr 1aaa ;,,st hn1nra h1t par. ol -. -.
: of nffice1to he snccea,aad -, hy Mrn1 s,r e ou
,he st;nn,p+inr i ptHsna s.aies atdotney' an
. sentsa to Iud mas rri,rne rrinenia,ey pre-
nec ~ 1o2S as. an,,a. rs Sr5.,, Mroi .; 81
wrote the .ttornev. fnr..,, vn I.en.n. p
: ss.a|cni ass,n|E for enlightenment on tw'
county comn,is.ioner. o. % hin nina oohc th1. :,
!. peailns taxpayers who did mot .joi
9 nth. in the =, sti%pulation, % eitIer by them
hoard mad - snv r nnu.ar sno ~ MT Mhe.ner c,, IN
!. nrnrsisa ~ al .d;fTa-snt go. n.
r.ss tho nn'r+ ~ h.d a. fcnaa rierent 81 from VIVA
: able Compromise without = The consen ,