Omaha daily bee., 1902-03-13
WEBSTER REVIEWS GRAFTON
Endeavors 10 Show Referee that Assessment
Question is Closed.
HAS LITTLE TILT win Mr.. wNTOsH
Judge Ryan Asks street Railway
Lawyer AZ Equalization Board
Acted I'm Good Faith with
sbriver and Morton.

-
John L. Webster and w. w. Morsman,
counsel for the street railway and electric
light companies, took up all OF Referee
Ryan's time in the hearing Of the
tax mandamus case yesterday. Attor-
ney Pritchett, Attorney Woolworth and
perhaps Attorneys Hall & Mccullough are
yet to be heard from; then Attorney NC
Intosh. for the REALTORS. will have his reply
and the case will have fairly begun; they
will then be ready for the admission OF
testimony and documentary evidence. Inc
case is proceeding backward. In a trial
court they take the evidence first to see
whether there will be any oratory, but in
this they have the oratory first to see
whether there will be any evidence.
When court adjourned for luncheon yes
terday Mr.. Mcintosh said to a friend;
''They haven't sprung any surprises on me
yet. I'm prepared for all this and have an
ticipated every word Of it.
The monotony Of the morning session was
broken about 1O o'clock by a little game oil
thrust and parry between Mcintosh and
Webster. Webster, who had the floor, was
saying: "The time for correcting the tax
lists expired on the day fixed for the pas
sage of the tax levy ordinance, which was
February 4. The time for both the correc-
tion and the levy has passed now and
Under your contention, them inter-
rupted Mr.. Mcintosh, 1.-THE city Of Omaha is
to be entirely relieved of the burden oil
taxation this year!"
webster shouts Calamity.
ct believe, sirf" retorted Mr.. Webster,
''that you have precipitated such a state Of
affairs here that, IL we do have q tax levy,
- LA - ~ z,AUIA utn nav md TINT
you've brought on a condition that lie a
greater calamity to this community than
you ever anticipated"
Eyes, It is a calamity to compel your
people to pay their taxes!" was a ~rejoiner
of Mcintosh.
At $3.50 Mr.. Webster began where he left
off Tuesday evening, and his first argu-
ment was to repeat the point already made,
that II the writ is granted as asked for 1t
would compel the council to do an illegal
act.
Can you issue a mandamus that will
compel the city assessor to enter an assess
ment Of property on the lists after the time
for making such assessment has gone by?"
he asked. You can't disturb an erroneous
judgment by m~andamus, so I'm not
troubling myself as to whether the hearing
was right or adequate or not.
ut was necessary that the city council,
sitting as a board of equalization, should
fix a time when its hearing should end, and
your honor can readily see the absurdity
OF It II It were otherwise. You would never
know when you had a tax levy II this were
not the case. You would have just as many
complaints as there are taxpayers in the
district, and, II they we're heard separately,
the hearing would be prolonged in
definitely"
Referee Puts a Poser.
Judge Ryan interrupted the speaker. Ibid
the Board Of Equalization have a right" he
asked, after setting the time for hearing
tho complaints of Shriver and Morton for
Monday, January 20, to rescind its action
two days later and decline to hear them 7
was not that not only cheating Shriyer
and Morton of a hearing, but the general
public as we'll? 1 ask because 1 want to
understand this as / go along"
This query seemed to be something Of a
poser to Mr.. Webster. Mr.. Hall stepped up
to him and coached him with a whispered
hint, but Mr.. Webster did not see At to
answer the referees question directly. He
in effect ignored 1t and proceeded in the
same line Of argument he was following be-
fore the interruption.
A moment later Judge Ryan again inter-
rupted Mr.. Webster and repeated his ques-
tion, this time with greater ex~plicitness:
''Wha I want to know" he said, sis,
could the Board Of Equalization set a time
for a hearing and, when the parties were
preparing for 1t, could the board adjourn
without going ahead with It? Was there
a hearing on January II; you haven't made
that very clear? What happened on thai
day?"
These people had no right to ask thil
hearing" answered Mr.. Connell, taking ad.
vantage OF the fact that the question was &
double-header. They had no right to ash
II and the city council had no right t
grant 1t. The REALTORS acquired no vested
right by virtue Of the fact that the board
set a time for hearing them"
Raises Another Law Point.
Mr.. Webster then read several authori
ties, the essence of which was that man
damus cannot be invoked for the purpos,
OF correcting error committed by a cour
/. or other body exercising judicial functions
He explained that this applied to board
as well as to courts.
II understand" said Judge Ryan. "tha