Omaha daily bee., 1902-04-09
RYAN IS READY TO REPORT
Opinion Of Referee in Omaha Tax Manda-
mus Case to Be Filed Thursday.
CAN COME UP At NEXT SITTING OF COURT
Deputy Labor Commissioner watson
Confident of winning His Case
Against Lancaster County
Assessors.
CFrom a stan Correspondent

LINCOLN, April S.-(Special.)7Judge
Robert Ryan says he will not need all of
the time allowed him as referee to prepare
his findings in the Omaha tax mandamus
case. BY the terms Of the supreme courts
order he Ia not required to file his report
before April Is.
Il have reached my conclusions in the
case and will probably file the report on
Thursday OF this week." said Judge Ryan.
1T will be written tomorrow and l hope
to have Il filed sometime Thursday morning.
This will give both sides an opportunity
to hle exceptions, IL they wish to, before
the next sitting OF the court"
The opinion will consist OF about twenty
pages Of typewriter matter and will en-
brace an exhaustive discussion Of the va
rious questions Of taxation raised in the
hearing OF the case.
The mandamus case OF the state com
missioner Of labor against the tax asses
sors Of Lancaster county, which was brought
to test the validity of the law requiring
assessors to gather information for the
State Bureau Of Labor and Industrial Stat
istics, will be argued and submitted to thu
supreme court next week. The act in ques-
tion was passed by the legislature OF 1897,
but has never been enforced. Each year
since the passage some OF the counties
have failed to make the returns required
and as a result the statistics put forth by
the department have been incomplete and
oftentimes misleading. The fusion authori-
ties gave notice several times that man
damus proceedings would be commenced, IL
necessary, but the bluff was never made
good.
Confident Law VIII Hold.
II am confident the law will stand the
test" said Deputy Labor COMMISSIONS
Watson today, but II has been so generally
questioned and violated that the only way
to determine its worth is by the mandamus
process. The state spends a lot OF money
each year publishing reports OF statistics
gathered under the act. They are incom-
plete and therefore Of little value. II The
reports are not correct there is no reason
why they should be printed. II the court
s~ustalns the law we will force the county
assessors to do the work II We have to
begin mandamus proceedings against every
one Of them"
In Kansas, whose agricultural and in
dustrial statistics are admittedly OF a SUI
perior quality, a law similar to the Ne
braska act is in force, Several days ago
Mr.. Watson wrote the commissioner Of
labor in Kansas as follows:
VIII you be kind enough to state II gath
ering statistics through the assessors IN
YOUR state has proved a succesSH The
assessors here, in some instances, have
refused to do the work and l have there.
fore taken the matter before the supreme
court. / shall be pleased to have your
views at your convenience.
The inquiry was referred to Secretary F.
ID. Coburn Of the State Board Of Agricul-
ture, who sent the following reply:
Yes, very satisfactory in Kansas, so far
population statistics for the state BOARD
of Agriculture is concerned, ne DONG Oh
sr sSSfhivhh hence; X HI asssSato put in more hours
there would probably be no objection on
their part.
The Nebraska law nxes the compensa-
ton of assessors at SO per day, but the
county clerk Is authorized to employ
enough persons to complete the worl
within the time specified, Under this pro-
vision the assessors can be paid by thu
county for all services performed, and Il
is estimated that the additional expense
for extra assessors, because Of the in
creased amount OF work, will not amount
to a great deal in any one county.
The case of the State against Wenham
involving the consttntionality Of the female
labor law. will also be submitted at tho
pext sitting Of court.
Grind of Excise Board.
The excise board OF this city began IL
annual grind on applications for saiooI
licenses this morning. and by the end of tn,
days work thirty-one of the thirty-nine oil
hle had been granted. The board begal
proceedings by adopting a rule excluding
all billiard, pool and gaming tables from
saloons after January 1, 1903, and declaring
that all provisions of the slocum law shall
be enforced.
Remonstrances we're filed by A. @
Wolfenbarger and Thomas Darnell thi
morning against twenty-tour applications
These remonstrances we're in blanket forr
and charged violation Of practically ever
rule or law OF the excise board. In, som
Instances direct charges we're made an
backed up by testimony, but In the grea
majority no reason was shown to satisf
the board why the license should not b
granted. All but one Of the remonstrance
were hled this morning.
Some Of the contested cases were take
up this afternoon and others we're con
tinued until tomorrow or some other day.
Wholesalers Exclusive.
lincoln wholesalers have petitioned III
council for a system OF metes and bound