Omaha daily bee., 1902-07-11

coin to hear the showing Of the REALTORS
and respondents in the matter Of the APP
plication Of The Bee Building company, OF
Omaha, for a mandamus to compel the State
Board Of Equalization TO correct the assess
ment Of the railroads Of Nebraska. At the
hearing the relator was represented by
Messrs. e. w. simeral and John D.. Howe.
OF Omaha. and the corelator. M. F. Har-
rington, Of o'Neill. appeared for himself.
Attorney General Prout appeared for the
respondents, while John N. Baldwin repre-
senting the Union Pacific system, Ben T.
White representing the Elkhorn; James E.
Kelby. representing the Burlington system,
and Frank T. Ransom representing the
Pullman Palace Car company, appeared as
friends Of the court. The stenographer's
report OF the proceedings OF the first ses-
sion OF the court, which was largely devot-
ed to a running argument as to the aking
Of testimony. Is as follows;
Chief Justice Sullivan-Have you arrang-
ed the order Of procedure Of this case OF
the state against the Board Of Equaliza-
tion2
Attorney General Prout-I think no order
tas been arranged. / understand, II the
court please, that the REALTORS propose TAX
Ing testimony. | will state II that Is done,
that / do not know the nature Of the tes-
timony they intend taking. and It may be
that the board will require time In which
to meet it. The briefs Of the REALTORS and
the friends Of the court are all on file. l
had supposed that we would proceed on
them. but yesterday subpoenaes were served
on witnesses. and I presume the intention
is to take testimony.
Mr.. Simeral-If your honors please, the
testimony that we purpose TO take. princi-
pally at least, will be the records Of the
board itself, so that the court may have
before II the same testimony in reference
to the facts pertaining to assessment OF
this property that the board had, and I
imagine It will take but a very short time.
Besides, most OF the testimony Is record
proof, documentary wholly. There may be
some annual reports Of the various roads
offered in evidence, but they also are docu-
nentary. / presume there will be no OBJ
j~ections though. l don't suppose the roads
will object to their own annual reports be-
ing put in. There will be a little bit Of
oral testimony, but not very much. l don't
suppose there will be anything that will
cause the respondents themselves to re-
quest time. can't tell though. There will
be nothing but what is cognlzant to them
selves as well as ourselves. l Will state
further that ali we want to do Is to prove
the issues that were made up at the time
that the amended answer was filed. or
course, IL they had left 1t as in the begin
ming, there would be no necessity perhaps
Of taking this testimony. but that is not
our fault, and we are only meeting 1t as 1t
comes up at the present time.
Mr.. Prout-I am not finding any fault. ]
wish to suggest, not knowing the nature of
this testimony. that it might be necessary
for the respondent to ask time in order to
produce further proof.
Mr.. Baldwin-May it please the court. IS
We are sitting here and appearing here as
a friend, and because Of the interest Of the
Union Pacific, which l represent, l desire
TO say that this proceeding Is a little bit
peculiar. We had understood that the
matter was to be submitted at the time the
order was made by this court at its last
sitting, and opportunity was given the
REALTORS and respondents to file briefs. II
Is dlf1cult. therefore. to appreciate or I'M
derstand the extent and scope OF the intro
duction of evidence. The briefs have beer
prepared upon the state Of the record as II
is made up to this time and our briefs al
friends Of the court and those Of the re.
lators have been prepared and filed. The
statement made by Mr.. Simeral that the
testimony would be brief is from his side
and from his view Of the case. 1t might b
very Important IOT the TedpOuutulS NuCu ~
60 somewhat at length into the evidence
from their plane Of view or standpoint, and
that may take some time. because I would
not like to have the case submitted upor
only part Of the record. 1t is not because
we have any objection whatever to any O.
this testimony being put in, in the submits
sion OF this case, but the court should b.
advised about 1t, and II may take SOM
time. I understand the court came back a
, an Inconvenience to itself to be here to
q day. and l supposed we would submit tn,
case to the court today. and conclude II
v but II this is done. 1t may take some time
n OF course. II this is to be done It ought I
e be referred to a referee and evidence taken
: I merely make these suggestions. not tina
y we desire to interfere or are in any wa
opposed to competent evidence In this case
Mr.. Harrington-I think 1t Is we'll I
have an understanding at the outset as I
X this testimony, The railway companie
, have refused to be made parties to this rec
ord. As I understand the rule, they hav
y no right to interfere with the course {
the trial. They are not responsible for cost
here, or entitled In any manner to contrC
the proceedings, unless the sovereign pow
: er Of the state has been turned over to theI
for that purpose, but we concede their rigt
4 to file briefs here, and we do not object, bt
SO far as the issues that this court mui
pass upon, the court must decide this bC
N tween the REALTORS here and board OF equa
~izatlon. Those are the only parties thu
: must be bound by the order here, TT
railways here. however. for reasons sa
isfactory to themselves, have declined
As be made parties to this record, and al
not bound by II. 1t may be their stool
holders may subsequently, want this cal
settled in the federal court. Now, res
the original answer filed here. and "
:, will find that the case stands practical
" confessed on the part Of the board
equalization, except a. to the issues OF La
- and It stood confessed upon the recoTt
!, here that $500. 900, 900 worth Of rallro;
property in Nebraska had not been assessl
- for taxation at all, which We allege CO.
sisted Of the franchises and intangible pro
erty OF those companies. That merely raj
a. ed a question Of law upon which counsel
., both sides prepared their briefs. But pc
kaps within a week thereafter counsel re
- resenting these railway companies, inclu
ing some Of the gentlemen now preseI
he came to the city Of Lincoln, and had q co
ference IN the governors once with I