Omaha daily bee., 1899-02-21
AT LAW OVER THE PLAT BOOK
Assessor Hardin and City officials Get Into
Court.
JUDGE THoRNELL LISTENS TO TESTIMONY
Auditor Innes Alleges that There Was
an Understanding that City
Should Not Furnish
pIats.

The hearing on the application of the
| city for writ of mandamus to compel City
Assessor William D. Hardin to make the
assessment for the 1899 tax levy and to
compel County Auditor 1nnes to furnish
Hardin with a plat book was commenced
before Judge Thornell in the district court
yesterday morning. At the time Of the
noon adjournment but two witnesses, As
I SCISSOR Hardin and County Auditor lines,
| had been examined, when the bearing had
to be continued until today, another case
| having been set for the afternoon.
| Hardin was the first witness placed on
the stand. He testified that the reason of
| his failure to commence the assessment was
| because of the neglect of the auditor to
| furnish him with the plat book. The at
| torneys for the county tried to get him to
admit that 1t was possible for him to make
| the assessment without the plat book, but
| he would not do so. In answer to the ques-
| tlon whether he had not said to the su-
| pervisors that he would make the assess
ment without the plat book If he were given
extra pay, he replied: II said to them that l
would go ahead and make the assessment
| IL they would give me the extra compensa-
| tion necessary to make this plat book"
He denied that he had conversation with
| the auditor in which he said he did not
| need the book and that when he made the
| demand he had no idea of getting it, but
| did 1t for the purpose of securing extra
| compensation.
County Auditor Innes followed Hardin on
| the stand and his testimony in some re-
! spects was in contradiction of that of Hardin.
| He said that he had not furnished the plat
| book as demanded by Hardin, as 1t would
| be a physical impossibifty for him to do
| so. He had held a conversation with Har-
| din the day following that on which Hardin
| had made the demand for the plat book and
| Hardin said to him he need not take any
notice of the demand, as he (Hardin) did
not care for the plats and did not expect to
| get them and he had served the notices with
the hope of getting extra compensation. Mr..
Innes further testified as to supplying Har-
din with the plat books which the county
| had purchased from him (Hardin) in 1897
In his answer, which was filed yesterday
morning, Auditor Innes admits that he has
not furnished plat book, but says that he
| has furnished to the assessor plats of the
| city of Council Bluffs and all the additions
! thereto and acreage property in said city,
! and also an index of all properties in the
city. He says that in November, 1897 Har-
din sold to the county for the sum of $500
the plats and index, with the agreement and
understanding that Hardin 80 long rs he
should be assessor of the city, would accept
! and use these plats in lieu of any plats that
the law might require. Innes says he has
depended and relied upon this agreement.
He states further that Hardin has been
furnished by the county with an Office in
the court house in order that he might have
convenient access to all plats and maps in
the offices of the county auditor and county
recorder and the use of the transfer books
to aid in the discharge of his official duties,
and that such books and plats have at all
times been at his disposal. 1t Is further al
legged by Innes that to prepare a plat book
would occupy more than six months OF his
time and that If he had begun on the first
day of his term it could not have been COM
pleted until long after the time when the
assessor is required to make his returns. He
says that he has long since furnished to
Hardin all other books and blanks required
by law, and that those already furnished,
together with the plats and indexes fur
nished by the county, are all that are needed
by Hardin to enable him to make the as
want in his work plat such as is mentioned
in the code, and that the only purpose Har-
din has in demanding such plat book is to
compel the supervisors to allow him a
greater compensation.
Hardin and the city united in a motion to
strike out parts of Innes' answer referring to
plats previously furnished Hardin and refer
ences to the alleged agreement of Hardin
to use the plats sold by him to the county.
They asked for a decision on the motion,
but Judge Thornell refused, stating he was
not prepared to make a ruling offhand.
The hearing will be resumed as soon as
the Frank injunction suit against the Kes
Creek school directors is camnleted