Omaha daily bee., 1902-03-04
OMAHA TAX MANDAMUS
Motion for Appointment Of Referees is Filed
in Supreme Court.
CONTINUANCE ASKED IN MILES SUIT
state Against Omaha National BANK
on Cal for ArEument-steP-
mother Denies Charge of
Extreme Cruelty.
From a stan Correspondents

ffTOm q stan correspondent
LINCOLN. March 3.-(Special Telegram)
"A motion for the appointment Of referees
to take testimony In the Omaha tax man
damus case was fled in the supreme court
today by J. H.. Mcintosh OF Omaha. counsel
for the REALTORS. This is the suit in which
william @. shriver and George T. Morton
ask for peremtory writ OF mandamus re-
CURING the Omaha city council to sit again
as a board Of equalization to hear com
plants against the assessment Of corpora
ton property. Among the names suggested
by Mr.. Mcintosh for the appointment are:
r. z. Evans, Dakota City; A. NJ. Post. Co.
lumbus; Robert Ryan, Lincoln.
The supreme court has been asked to con-
tinue the Miles contest case until the Sep
TENDER term. In the natural course Of
events the case would be on the call for
the second setting in March. The motion
Is made by Samuel A. Miles, unsuccessful
contestant. In his prayer he states. among
other reasons. that Joseph Miles has kept
up a constant FIRE upon the appellants to
have the court dismiss the case without
passing on its merits.
1t 10 understood that the contestants ex-
pect to secure a rehearing in the trial
court. A motion with this end In view was
made several weeks ago. evidence being
offered as to q new will not mentioned or
known in the former hearing.
The case Of the State against the Omaha
National bank, to recover approximately
3201, COO lost through the defalcation of
former Treasurer Barley, Is on the call
for argument during this weeks sitting OF
the supreme court. The Omaha fire and
police commission mandamus case is also
under assignment for this week.
Allegations Of extreme cruelty are made
the basis Of an action by Augusta Pruhs IN
the district court, against Mrs. Margaret
Clason to recover 10000 damages. The
plaintiff alleges that in 1898, when she was
6 years old, she went to live with Mrs
Clason. who Is her mothers sister. She
AYERS that the woman submitted her to
various sorts OF inhuman treatment. greatly
stunning her growth. Mrs. Clason enters
q general denial.
Articles Of incorporation recorded today:
The Burlington and Missouri Land and
Investment company OF Omaha, capital
10000; incorporators, D. L. Morgan, John
r. Bexten, F. v. Morgan, A. NJ. Bexten.
The Payne Investment compsny Of Omaha,
capital stock $4,000; incorporators: G.. H.
Payne. O.. C. Wilson. Henry F. Daily, C. H.
Payne. J. P. O'Keefe.
The Golden Rod Telephone company Of
Wshoo. capital stock $50, 900; inc-orporatoFs
W. H. Hurst. M. NJ. White and 7. T. Par
mele.
The stockholders Of the C. W. Rodman
company. which closed it's doors Saturday,
have been unable to agree upon a person
for appointment as receiver, The store is
still locked against the public, creditors
and owners. P..E ALMOND Of Omaha has
a stock Of typewriters and supplies in the
room, and S. A. Upton. a jewelry repairing
outfit. but neither has been able to recover
his property. to, ,aa,o n
H. j.. Whitmore has declined to enter
the race for the fust fninatiou for po-
lice Judge. but will sttempt to get the
nomination for councilman from the Third
ward. 1t Is IN this ward that the fusionists
will concentrate their energies.
The fusionists will hold their primaries
Wednesday evening of this week.
Rival Gas in Lincoln.
The Union Gas company Of Chicago is
contemplating the erection OF a gas plant in
this city and It is understood in business
circles that it will soon ask the city coun-
ell for a franchise. J. W. Mcdonald. who lie
acting as the Lincoln representative, has
already filed articles Of Incorporation with
the secretary Of state. The company is
capitalized for $750,OOO and It's incorporation
are r. F. Mccall, w. Irving Osborne and