Omaha daily bee., 1902-05-21

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protects the property Of said company az
said board is required TO do by sections
Goa and 70 OF said chapter lNxvii
Franchises Omitted. d.
g. This relator further states that
said respondents met as a board Of assess
snent, prior 10 the 18th day OF May, 1909,
and continued in session up 70 and In.
adjourned sine diej that on Wednesday,
May Il. 1902, this ~relator filed with the
smon2 other things. that said board assess
said railroad systems operating and doing
fair value for taxation for the year 1902,
and in this behalf lowed to said board (as
T%elstor AYERS ths feet to be- that the basis sis
PfogeEty Of tsis relat;S sc5 il sssessed for OF
value thereof. n your relator in said
petition also demanded that the said board
should assess az It's fair value the fran
doing business in the state Of Nebraska for
taxation for the year 1902. And In this be-
fact 10 be that said respondents refused
and neglected TO assess for taxation for
the year 1902 the franchises OF any OF said
railroads, as IL was their duty TO DO under
and by virtue Of the constitution and laws
Of the state Of Nebraska, said respondents
curing them 10 assess the franchises Of
said railroads, although each and all OF
said franchises are Of great value, the
known, but he alleges them TO be OF the
fair value of about $500, 0O0, 10000 for all, of
SAID railway systems operating and doing
year 1902 and for many years last past,
and that, had said respondents performed
valve of the franchises Of said railroad
companies and all of them. as by law re-
Quired for taxation for the year 1902, II
would have materially increased the grand
total Of assessed valuation for said year
and so reduced the taxes of all other tax
PAYERS, ta nS St Msg ssSse q Out ms hat fel saia r In
spondents, assessed the tangible property
OF all of said railroads operating and do
the year 1902 at the sum Of s2s'5Ss.5 SOP. 70,
without taking into consideration the fair
value OF the franchises Of said railroads or
any Of them for the year 1902. Your re-
lator also avows that said board failed and
neglected TO assess the value Of the fran
ehises OF said telegraph companies.
Records of No Moment.
T. Relator further states that owing
manner in which the said board keeps its
records II % impossible TO tell the method
by, which e arrived at a basis for assessed
roads for 1902 That said respondents in
making the assessment Of the tangible
property for said railroad companies for
taxation for the year 1902, and in fixing the
basis Of said assessment for said taxes
for said year, ascertained the same by
NOAnIuNkIB lAlG dNNAdBG VI u NOuINy .
sessrnents of other property. but did not,
MARRYING at the average OF the assess
m IsSs. f%,o Other 6e5,] PFSgsFFty Il h. said ss,s eC1ntlss;
for the cities, towns and villages in said
state, In which said companies owned
respondents To- consider as one Of the
factors in determining the assessment
against the tangible property Of said rail-
in favor Of said railroad companies. and
against other property, similarly situated
8. That said respondents are about to
equalize said assessment for the year 1902
as required by section "a Of said Revenue
against said railroad and telegraph com
panies IL made, as is now being planned
the state Of Nebraska, including that OF
your %relator, will be taxed at 2 much
greater rate proportionately than It would
railroad and telegraph companies for the
year 1902 had been made upon the fair value
Of all of said corporations property and
franchises as by law required.
what Is Asked. of Board.
State Board OF Equalization as aforesaid,
have grossly knowingly violated their
duty 70 the psoRlt Of the state at Of Ne Se.
ana laws Of he state Of Nebraska BY not
porations at their fair value for taxation
Tor the year 1902. Now, therefore, we
being DsG1Sa willing or nat 4 FL! and speedy justice tic,
mand you and each of you that you re,
convene as a state board Of equalization
that said Charles Weston, auditor, one OF
m sSs a,siSPon Se9 m asrsIa; proceed &c Obtain II t x;
facts and ipformation from said corpora
Hoonnss' n all Of them x. as required BY seq
Of the Compiled Statutes Of 1901, Of the
state OF Nebraska, entitled Revenue" OF
ks sSeh y ot aso,T manner SaTrst as may appear pea mos.
chises OF all OF the said corporations, and
the Question Of the fair value Of the pr ropc
erty, Including rights, privileges and the
sub1eet 10 tS * feSh in G The s stste c9FPS9 sstssK
hold sessions from day to eS5P0S Within 1if
arguments of counsel relating to the fail
value q said property, INCLUDING fran,
eRids : ee vow 5SiS st hea5G; ana ~ t fsir from th b;
Of the date Of said 1902 assessment, of the
property, including franchises. rights ant
subject to taxation for the year 1902, in tn,
state Of Nebraska, and that when sale
value q said propersy including fran.
said auditor certify the result thereof L
the county clerks of the several countie
corporations. or any part thereof, may b,
situated, the assessment per mile so mad,
on the property, including franchises O.
such corporations, specifying the numbe
OF miles and the amount In each OF SAT-
counties OF the assessment of 1902 taxes, al
by law provided. or that you appear befor,
the supreme court of the. state OF Nebraska
OF June, 1902, at 10 o'clock a. m, to shov
cause why you refuse to do so.
Witness. j. j. Sullivan, chief lustices o
the supreme court, and the seal Of SAX
court hereto affixed this goth day of May
1904.
Attorney General Prout will appear be
fore the supreme eorrt as attorney for tn
Board Of Equalization. The railroads, o
course, will be represented by legal talen
but the attorney general will appear In hi
Ofheial capacity as states attorney. and will
dsfent the board.
Because Of the absence Of all member
OF the board the officers of the suprem
court were unable to serve the writ. Tn
governor left the city on a morning trai
and members OF his once force were unabl
to say where he could be found. Audito
Weston Is At his home and is not expecte
to return until next week. Treasurer Stu
eter was in the city. but could not be fount
Tonight II was announced that he had gon
70 Peru.
ROOSEVELT At The ASSEMBLE