The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1933-05-09
BISMARCK PLUMBING
ORDINANCE Will GET
TEST IN HIGH Court
Counsel For Ralph Forsythe
Planning Appeal For Writ
of Habeas Corpus
REAPP0lNT TWO POLICEMEN
Appeal For Abatement on West
ern Baking Firm Taxes
Under Consideration

The constitutionality Of Bisnlarck's
plumbing ordinance will be tested in
the higher courts In the near future,
City Attorney Charles L. Foster told
members Of the city commission at
their regular weekly business meeting
Monday evening.
Though he said he was confident
the ordinance Is constitutional, he ad-
vised the commission to withhold fur
Their prosecution under the ordinance
until after the test is completed.
The test will be made by counsel for
Ralph Forsythe, who has been unable
to secure city plumbing license and
has threatened to continue to violate
the ordinance, Foster said.
Forsythe at present is under sus-
pended sentence for violating the ord
nance. When he made the open
threat before the commission that he
would continue to violate the ordi-
nance, Police Magistrate Edward S.
Allen took steps to revoke the suspen-
sion on his sentence. At that time
Forsythe's attorney asked for. few
days to prepare his appeal for writ
of habeas corpus and a test of the
ordinance.
To District Court First
Foster said it is likely the case will
first 90 to district court but event.
ually will end up In the state supreme
court.
Reappointment of r. H. Hamro and
Peter Reid as city policemen was con-
firmed by the commission.
An application by Roy Logan and
John Hoffman for abatement in 1891
and 1882 taxes on the Western Bak-
ing company building on East Main
avenue was taken under considera-
ton. Making q personal appearance
before the board, the two men claim
ed the building was valued too high
in comparison with other business
buildings.
A petition that Mrs. jeanette Os-
trander be given permission to make
an addition to her residence at SIG
Fifth st., signed by all but one resi-
dent of the block, was referred to the
coming board. One party objects to the
proposed addition on the ground that
1t would be too near the sidewalk in
comparison with the average distance
from the sidewalk of buildings in the
block.
Decision to recommend to the board
Of Burleigh county commissioners that
1t sell six lots for prices offered was
reached. Mrs. D. Gray offers the face
Of the delinquent taxes, $l05.12, for
six lots on Nineteenth st., north of
Avenue B. Irving w. Cook offers $50
for two lots at Thompson st. and
Avenue G. The face of the taxes on
the latter two lots is $40.
A resolution expressing apprecia-
ton to Governor LANCER and the state
highway department for use of state
in improving the road to
the Bismarck municipal airport was
adopted.
Salvation Army Reports
In report to the commission. Adj
jutant Herbert Smith of the Saliva
ton Army declared that his organiza-
ton, between Oct. Is and April Is,
fed 9,697 meals to needy men at a
total cost of $247, or an average of
two and one-half cents per meal, and
9 $50 hot lunches to school children at
a total cost Of $4,000 and average cost
Of two and three-eighths cents per
meal. During the same period 1,ll9
beds were furnished to transients, Ad-
jutant Smith said.
A report from the city bacteriologist
for April indicated that milk and
water consumed in the city was in
condition.
F. ]. Mccormick, city weighmaster,
reported he had weighed 1871 loads
on the city scales in April. They were
described as follows: coal 1925; hay
81, millet S, cattle 9, hogs 10, oats Z,
corn 81, barley 8, potatoes IA, sand
and gravel Z.
A report that he had acted on AZ
cases in March was received from
Allen. Three persons were
fined a total Of $2l.95 during the per-
iod. Cases included disorderly con-
duct a.. vagrancy 4, keeping swine In
the city !, forgery In the third de-
gree !, traffic ordinance violations 3,
4, burglary in the third
degree and assault and battery l.