Omaha daily bee., 1902-07-14

II as incompetent, irrelevant and tmma-
terial.
Overruled.
The REALTORS rest.
william stuefer was then recalled by the
defense for further cross-examination by
Mr.. white: DIN assessing the railroad
property in this state. did you assess Il
with reference to the fact that It was pur-
ported to be corporations! Ayes sir.
understood they were corporations.
Q.-You understood that they were
operated and managed by corporations7
Ayes sir.
Odd you arrive at the assessment
consideration that these corporations had
q right to do business in the state? A
Yes sir.
Q.-That they had the right to exercise
the right Of eminent domaln7 Ayes
sir.
Q.-And that they had a right to charge
rates and fares for the carriage of freight
and passengers7 Ayes sir.
Odd you consider that Il was their
duty under the law to perform the func-
lions OF railroad corporations who were
permitted to do business in this stateH A.
Yes sir.
Odd you take into consideration the
fact that the rights and privileges OF the
corporations heretofore named were nee
essarily being exercised in using this prop
erty belonging to them7 Ayes sir.
eff you had assessed the railroad
property in this state without reference to
the right and privileges which they en-
joyed under the law would your assess
ment have been as high as 1t was? A.-No,
sir; 1 don't think 30.
Off you had assessed the property Of
the railroads Of this state as dead property
unused and ~unoperated your assessment
would not have been so high? A.-No, sir.
Q.-Would It have been considerable
lower. Al think so.
Cross-examination by Mr.. Harrington
When you say you did not assess It as dead
property you simply mean valuing the
physical property? You considered the fact
that It was valuable because the physical
property was being used and was not dead
for that reason? A.-That 1t was live prop
erty and was doing business.
Q.-When did you consider the value Of
the right OF the Union Pacific to exercise
the right Of eminent domain A.--Used the
power of eminent domain because they had
a right-of-way through the state and under
the law they were authorized to do bust
ness,
Q.-What do you mean by eminent do
main?" A.-Well, l think II is the right
Va Wo 10 4 Nv III VI
eminent domain. I don't know.
Q.-That is your opinion of the power Of
eminent domain, is TT
Mr.. White-I must protest. This is being
treated as a Joke. Now, we are in earnest
here, and we put this witness upon the
stand for the purpose of proving facts.
Now, l consider this should not be treated
as a Joke and 1 Insist that opposing coun-
sci should not try to laugh us out Of court.
Q.-Now, as a matter Of fact, you don't
know what eminent domain is, do you?
A.-Not exactly the real definition Of It.
Odd you in considering the value OF
any of these railroads consider that they
had the right to exercise the lowers Of
sovereignty, that of the state itself2 A.
The right of sovereignty? wish that
would be put in a little different way,
Mr.. Baldwin-You needn't be surprised
at that. / don't understand, either. 1t Is
that way In the brief.
Q.-Your idea OF eminent domain is the
fact that they have a right-of-way In the
state? A.-And had a charter in the state
and were authorized under the charter to
do business In the state and through the
state.
Odd you know as a matter OF fact the
Union Pacific has not the right Of eminent
domain in the state at ALI
Mr.. Baldwin, object as incompetent
Overruled.
A.-well, no. I didn't know that.
Odd you know that for the very reason
that they didn't have 1t that 1t had organ.
lied a Nebraska corporation to exercise
that power7
Mr.. Baldwin, object, as incompetent, ir.
relevant and immaterial and not bearinI
upon the issues; argumentative and asking
for a legal conclusion. { o~verruled.) -
Al think so.
Q.-What corporation had 1t organized (,
! exercise the power Of eminent domain A
Well. that is something that / don't reall,
know.
, o.-Well, what kind OF a corporation wa
It that 1t organized? A.-The corporation
Of the Union Pacific.
o.-The Union Pacific. you think3 A
/ Yes. sir.
E Odd you know that the c., B. & Q
has not the right to exercise the power o
3 eminent domain in Nebraska? Al do no
know.
Q.-What do you consider to be the valu
OF the right Of the Elkhorn to exercise tn
I power of eminent domain? Al couldn'
say that.
Q.-You never did know, did you2 A.
The value, you say?
$ Q.-The value of that privilege7 A.-Well
? because It had the right under a charter Z
do business, and 1t is live property and 1
had earnings.
OIL was asking you what you though
was the value of the right OF the Elkhorl
n railroad to exercise the power OF eminen
domain A.-Under their charter l suppos
. they had q right.
I Q.-What do you consider was the valu
q of that? A.-Of the charter2
) Ono, sir; the value OF the right to ex
lRrriSa the nOWar nf annfnanf dnuna4n9
, Well, that l don't know. I don't know wha
the value Of that is.
GLOW much did you value the Unto
: Pacific without reference to the earnings
A.-As being dead property. do you mean?
Ono, sir; l mean as 1t Is, without ref
erence to the earnings. Al don't kno,
whether we have put e value on 1t withou
earnings.
Q-Can you tell us now,or with this en-
. tire mass Of testimony can you tell us, wha
the net earnings Of Union Pacific are in tn
state Of NebraskaG Al don't think
could without looking at It. think It WI
somewhere about 5000 a mile-I don
n know.
n Q.-The Union Paeihef Ayes, sir:
q think that is It'll am not sure Of that; ID
d records are here.
y Q.-So you put the assessed value a
e about what the amount OF the net earning
per mile were, as You thought? An,