Omaha daily bee., 1902-06-07

the board assessed only the tangible prop
erty. The railroad attorneys may now say
to the court that the franchises we're
valued and assessed. while in the face OF
the former answer they could not deny
that the franchises were left entirely out
ef the consideration,
Following lie the full text Of the amended
answer;
Text Of the Answer.
y That said respondents In pursuance Of
their duties and as required by the statutes
81 the state of Nebraska, did meet as a
May 1902, at the ONCE of the auditor Of
public accounts in the city Of Lincoln, and
$Sh 1,I.s and fm there did hnd proceed ,Ssn to RfIT5Srp the e
state Board Of Equalization for the state
y THAT prior TO the holding Of said meet
lng BY said board, the several railroad
companies named in said alternative writ,
70 wit: TIL Burlington & Missouri River
several lines leased BY, belonging to, oper-
ated or controlled by the Chicago, Bur
lington & Quincy Railroad company; the
Union Pacific Railroad company and the
several lines Of railroad owned, leased or
controlled by said Union Pacific Railroad
braska the Fremont. Elkhorn q Missouri
valley Kailrqad company and the engage.
company; the Chicago, Rock Island & Pa
eihc Railway company and the lines owned,
leased or controlled and operated by II In
The state OF Nebraska; the Missouri Pa
uiffc Railway company and the lines owned,
leased or controlled and operated. by. 1t
In the state Of Nebraska, and all other
railroad companies doing business within
said state and operating, owning. or leas-
Ing lines CT railroad within said state,
the Western Union Telegraph company
and the Postal Telegraph company, by
their proper officers respectively, listed and
returned TO the auditor of public accounts
for assessment and taxation verified by
oath, all the property of every character
belonging to said railroad, telegraph and
also sleeping car companies within the
in the year 1902, Including the number of
miles OF such railroad and telegraph line
in each organized county In the state of
Nebraska: the total number of miles In
said state, Including the roadbed, right Of
way and superstructure. thereon, main and
grounds, section and tool houses, rolling
stock and personal property necessary Tor
o one dIDs'r u saida fsRhISs an and ' teiegTaph
lines within said state of Nebraska, ex-
cept property assessable by the local as
That where any Of said railroad com
panies used or operated sleeping or dining
cars In the state. not owned by such rail-
Chg. or dining cars, SO used by each OF
said companies. for each month of the year
ending and including. the list day Of April,
1902; Including the number of miles each
month that such cars have been run or
operated within the state, and the total
AAhO VI hbANf NAV -ohNh NaAS AlhNN DNSh
run and operated each month within and
without the state, and the owner or
listed with the auditor Of public accounts
by the Pullman company for assessment
~ said State Board OF Equalization.
weston obtains Facts.
81. That one Of the respondents herein.
Charles Weston. the auditor OF the state
OF Nebraska, did also obtain all the facts
and information relating to the valuation
Of the properties belonging respectively 10
T ran5S: n Telegraph tSs sEste a6 699 S SlssPdnE car IN e sae6
manner as appeared most likely TO secure
the true and correct values thereof, and
did have the same in his Office. together
with the Information furnished as stated in
paragraph 2 hereof by the different rail-
road and. telegraph companies respectively
and by the Pullman company as stated IN
said paragraph 2 hereof, and the same was
presented on and before May 3, 1872, to-
ton furnished by said railroad companies
and telegraph lines to said board at its
meeting aforesaid, and said board did then
and there enter upon the consideration OF
xhe valuation of the properties of all kinds
owned by said railroad, telegraph and
Nebraska, from and after April /, 1901, to
on May is, 1909. did assess the value of all
the properties of said railroad. telegraph
the state OF Nebraska in the manner re-
dSa1e or az sss ssw the hheeHsiaaisd State Board Of
q, Equalization did examine and consider the
list or returps made by the respective rail,
also the report made by the Pullman com
pany Of its sleeping cars used in this state
during said period, and did consider In con-
nection herewith reIiabie Information OBJ
tanned from any and all other sources. All
of which was done under AND, BY virtue Of
the powers conferred upon said state Board
OF Equalization by law.
Assert Revenues Were Considered.
4. That said respondents sitting as such
Board OF Equalization performed and COM
pleted. the duty Of assessing the properties
car Companies on the 18th day OF May iisoa
that In arriving at the valuation of the
several properties OF said respective com
panies for assessment and taxation within
the state of Nebraska, said Board of
Equalization considered the fact that said
companies and each of them were actually
engaged in using and operating all of their
properties In the performance of the duties
incumbent upon them and each of them by
law to perform, and in transacting the
business for which they and each of them
were Incorporated; and also considered the
revenues and earnings of said companies
from the use and operation of their sew
eral properties; and thereupon, after full
consideration Of said matters, each of the
valued as a unit for said purposes of as
ssmen ana taxation.
5. Respondents further represent that the
items mentioned in the foregoing para
graphs are the matters and things which
these respondents took into consideration in
said railway, telegraph, sleeping and dining
car companies for the purpose Of taxation
that said respondents did not believe thai
under the law defining the powers and
duties of the respondent board 1t had au.
franchises OF said companies separately anc
apart from their tangible property and
here submit the facts hat were actually
ukkn into consideration by said board ii
the performance of its saa~ duty.
6. And, making further answer herein
these respondents deny each and every al
legation IN said alternative writ contained
not hereinbefore specifically admitted
denied or otherwise answered.
Wherefore these respondents submit Il
this honorable court that said State Boart
of Equalization performed Its full duty n
the hearing, consideration and assessment
OF the different properties of the severa
companies, railroad. telegraph and sleepinI
car, doing business within said state Of Ne
braBka.
PROPERTY DAMAGE IS HEAVY