Omaha daily bee., 1902-02-11

final arguments on ibe motion to vscate.
He said. In part;
1T seems to me, IN the light Of what has
occurred, that the only question now is one
Of fact. There Is no longer a question OF
law. The petition hied with your honor
and which Induced you to grant the TEN
porafy injunction that you did, stated only
part Of the case. Had It stated all the
true facts your honor never would have al
lowed the order.
There was no complaint that the council
failed 10 take action. The complaint rests
on the allegation that the council failed to
consider the complaints and failed to hear
the compliments. The order merely re-
strains the council from passing the ordi-
rance until the council shall give the com
plainauts hearing on the complaints. Well.
It nov appears that such complaints have
been heard, and that the sole ground for
demanding this injunction is that the coun-
ell had failed TO take the requisite action
against these corporations.
me view of the Facts.
Now. let me say here that the con-
tention over the producing Of the books
in court is nothing to me, nor have | to
argyle the matter Of the assessment itself,
though II may be, your honor, that | be-
lieve, and 1t may be that you believe, that
the corporations OF Omaha are not assessed
as heavily as they should be. But the
question we now consider Is, shall this
council, which is required to make its
levy at the first regular meeting in Feb
Tuary be allowed to do So? AS for the men
who are blocking this action, ] will say
that IL some members Of this Real Estate
exchange would work as hard to build up
- -. 80 g.. .A~ ~ 1an-p tha
city's credit might be better. While they
are wrang1lng and polling apart this way
we never can expect to see the city go
ahead as Il should.
Now, the main facts in this case stand
out plainly. First, you have nine com
plants, eight Of them signed by Mr..
Shriver, and forming a part OF the total
Of elghty-eight disposed of. as indicated
by the undlsputed record in this case. Now,
your honor, II you had given a day or more
to hearing one Of these complaints, would
you allow MIR. Shriver TO call up complaint
No. 2, and then complaint No. 3, and SO
on, for hearing, giving the same attention
TO each, when the matter is practically
the same? And IL this hearing could be
prolonged for these eighty eight COM
plants, why couldn't It be continued in
definitely, Shriver or Morton adding five
at a time, when opportunity presented
Manifestly, this course is not justihable.
The disposition OF the first complaint dis
posed OF them ALL"
Attorney McIntOsh's Reply.
Attorney Mcintosh, in replying. said:
I'm the first place, there Is a total mis-
apprehension by counsel (Connell) Of the
scope OF this petition. He says. too, that
It is mandatory that this levy shall be
made at the meeting on the hrst Tuesday
in February. 1t is not mandatory. Back
in 1892 or 1898 the mayor vetoed a levy
ordinance, yet the council went on and
made the levy, and no man ever ques-
toned its validity"
Reading from the statutes to show the
duty of levying taxes on all property within
the corporate limits Of the city, Mr.. Nc
Intosh continued:
1.-The council's first duty is to zee to II
that there is proper assessment of all the
capital stock and franchises Of the cor.
porations and Of the other property within
the city. But as for these men, we would
set no value to a hearing before them
We know they would override any evidence
we might produce, no matter how cleal
and how convincing 1t might be. 1 will
say. however, that until we do get a hear.
Ing on these complaints, in a spirit Of
fairness. and get the assessments raised Il
10 per cent -ofrtheir actual value, our cas-,
Is not done and we shall not rest. ~N'~
w are answered that we have had q
hearing. but 1t is not answered us thai
our hearing has been considered. 1t II
argued that because the Real Estate ex.
change went before the council and had
debate with the corporation representatives
q taxpayer representing all the taxpayers
II he, happen to belong to that Real Estat,
exchange, shall not be heard by the council
Courts order Is Necessary.
"These councilmen will never do theii
duty in this matter until they are put un.
der an order Of the court that threaten
them with punishment II they don't do II
They served notices to the corporation
on January ii Tuesday,, citing them t
appear the following Friday to show caus,
why their assessments shouldn't be raised
oot a man who had filed a complaint wa
notihed to be there, except the Real Es
late exchange. That exchange did not pre-
sent it's case in proper form, and lost, but
your honor, II a corporation go befor
the council and file complaint about
taxpayers assessments, and fails to main
tain that case because it hasn't proceede
In proper manner am I, an individual tax
payer. to have my mouth closed forever?
individuals Make Complaint.
THE corporation lawyers took advantas
81 that erroneous proceeding, but Mr.. MOI
ton and Mr.. Shriver complained for then
selves. On the 18th they appeared on be
half of all the taxpayers Of Omaha an
demanded that the corporation levy b
raised. II was a complaint and require
4 time and place of hearing. That was III
hrst time this request had been made b
!hese men. but their complaints were enter
tanned by the council. which permitte