Omaha daily bee., 1899-02-22
IT IS UP TO THE JUDGE NOW
Mandamus Case Concluded and Questions
Taken Under Advisement,
DECISION IS LOOKED FOR ERE LONG
Litigation Between City and As
SCISSOR Hardin over Plat Book
Finally Comes to
an End.
DECISION IS LOOKED FOR ERE LONG

The hearing in the mandamus case OF the
city of Council Bluffs against City Assessor
Hardin and County Auditor Innes was COM
pleted yesterday afternoon and submitted
to the court. Judge Thornel took the mat
ter under advisement and said he would
hand 1t down as soon as possible. A decis-
ion is looked for in copule of days.
The hearing, which was interrupted Mon
day owing to another case having been as
signed for the afternoon Of that day, was
resumed yesterday morning. Hardin was
| recalled to the stand and in the course of
his evidence testified that he was able to
make Just as accurate an assessment this
year as he did in 1897 without the plat book.
He further stated that no absolutely cor
| rect assessment was ever made. On cross
examination he was forced to admit that
| the law this year is practically the same as
when he made the last assessment and that
| the plat book which he sold the county and
| from which in the past he had made the as
| sessment had been used by him for the last
eight years.
These plats he was also forced to admit
contained everything essential for making
| the assessment except the deduction for rail
| road right of way and roads. In his opin-
| ion the plats now owned by the county can
| be completed and brought down to date
from inc transfer DOCKS III lne ONCE VI Iue
county auditor by force of ten or twelve
| men in thirty days. If, however, the rec
| ords in the abstract offices of the city are
used twenty five men can complete the work
| in fifteen days. This testimony was brought
out to show that 1t was not physical
| impossibility'' for the county auditor to sup
ply the assessor with the plat book as pro-
vided by the CODE
| County Auditor Innes, on being recalled
| to the stand, testified that 1t would take 81,
| men at least twelve months to prepare the
| plat books in such shape as provided fol
| in section 1864 of the code. During his
testimony it developed that the reason why
| it would take so long to properly prepare
| the plat book was because during the incum-
| bency of Auditor Goulden for a space Of
six years the real estate conveyances hat
not been posted in the transfer books in the
| office.
Colonel W. F. Baker, ex-chairman of the
Board of Supervisors, and Supervisors Bran
des and Kerney were placed on the stand
to testify as to the purchase by the county
of the plat books from Assessor Hardin
| They also testified to the fact that Hardin
| agreed to use them as long as he was as
| SCISSOR. Judge Thornell, however, on thi.
point ruled that such an agreement on the
part of Hardin could not be held binding
as Hardin could not enter into a contract
that might be opposed to public policy.
City Attorney Wadsworth was placed or
the stand by the defense to show that il
is practicable for the county auditor to fur
nish the assessor with list of names o
all the holders Of real estate in the city
He said that by using the books in hi
| (Wadsworth's) abstract office twelve mel
can prepare such list within fifteen days
Judge Thornell, however. held that ther,
was nothing to show that the county au
dtor would be authorized in going outside
of the records in his office to furnish the
assessor with the information mentioned il
section 1864 of the code.
In his argument to the court the attorne!
for Hardin insisted that as Hardin ha'
not been shown to be legally derelict in hi
duty no mandamus should be issued n.
against him, but as it had been admitted
that the county auditor had failed to fur
nish the plat book mentioned in the code
mandamus should isc against him. H
contended that the case at bar was not on,
of expediency, but one of law.
The attorneys for the city and count,
on the other hand, cont nded that as Har
din had admitted that he was able to maxi
with the books at present in his posses
sion just as accurate an assessment as h
had made in 1897 the mandamus should is
sue against him, compelling him to procee
at once with the assessment for the tal
levy of 1899