Omaha daily bee., 1902-03-18

these positions and stand upon II.
Morsman Asks A Question.
Are you in any dilemma as to which
position you will take7" asked Attorney
Morsman.
Not at ALL was the reply.
We'll, then, why don't you tell the
court which was the fact7"
Mr.. McCulloch nudged Mr.. Hall and
smiled, and Mr.. Hall passed the nudge
down the line Of corporation attorneys.
The question looked like a poser.
Because answered Mr.. Mcintosh, IT
propose to let that matter settle itself when
evidence Is admitted. / don't mind telling
you, however, that we regard that COM
plant as originals having no reference
to any other complaints.
Here is where the corporations made
their mistake: They should have had their
servants In the city council go through the
form Of hearing our complaints. The mem
bers should have kept their appointment
with us for the afternoon Of January 20, and
then we wouldn't have had any redress,
perhaps, but as the matter stands now we
have" --.
Cites nm Illinois Case.
AT the opening OF the afternoon session
the attorney for the REALTORS cited the case
Of an Illinois town, the citizens of which
wished to hold an election to qualify 1t
as a city of the third class, the reason
being that there were 'leeches on the
treasury" and Incompetence and dishon-
esty in the administration of its affairs.
The city council was called upon to fix
the time and place for the holding of such
election. 1t did so, but set the time one
year after date. The citizens of the town
- -
the promised relief too far in the future.
They applied for a writ Of m~andamus, COM
pelling the council to fix an earlier date.
and 1t was granted.
I'm giving reasons for granting the
writ" said Mr.. Mcintosh, ''the court set
out that the date fixed by the council was
an unreasonable one. II there was a loose
ness in the administrator of AFFAIRS It
says; III there was a leech on the treas
ury, and the like, and the people thought
an election determining their standing as
a municipality was the first step to the
correction of this evil, they had a right
to have 1t. And II the election could as
well be held In a month, there was no
good excuse for postponing 1t for a year,
and therefore the writ was granted. The
action Of the council In choosing SO remote
a date was obviously an attempt to per-
petuate itself in office.
The attorneys on the other side say
there is politics in this case. Why?
Where7 How? / don't know the politics
of my clients. but think one Of them is
a republican; l an a sort of a democrat.
How can it be that republicans will hire
democrats to prosecute their political
suits? Then they say it's temper on my
part. This is equally preposterous. 1 have
| No RFtaUnnQo Qnotnaf khA at4w 49, -
any member of 1t. My only feeling for
them is one OF pity. Besides, It isn't
likely that my clients would defray the ex-
penses Of this prosecution simply to give
me a chance to vent my spleen on the city
council. No, your honor, there is neither
temper nor politics In It.. It's a case of
property, Of right and OF Justice. These
Impressions which the counsel for the re-
spondents are seeking to throw out are
designed simply to befog the overwhelming
merits of this case.
Boards Duty stands Always.
1.-THE respondents have also protested
against the granting OF this writ for the
reason, rs they say, that there was a rule
adopted by the board Of equalization to
the effect that all complaints must be fIcd
with the board on the first day Of it's ses-
sion. This does not relieve the board from
a performance of its duty. The board Of
equalization was created to equalize the
taxes, and 1t is bound to do II, and no
technicality like a self-made rule can
change the facts. II the necessity arises
1t may waive the rule. 1t did this in one
Instance. On January Is we filed a COM
plant with II, and 1t accepted It, which
amounted to a waiver. It might have done
so again. There is no limitation to the
city councils power to sit as a board Of
equalization. II, after It adjourns as such,
an error or an omission is discovered in
the assessment lists, or 1t is learned that
some property owner has failed to enter
a part Of his property for assessment, the
council may not only reconvene and correct
the errors or omissions, but 1t is It's duty
to do SO. This statute imposes that duty
upon 1t, and this principle stands out on
almost every page Of the city charter. 1t
is a continuing duty. II the council runs
away from 1t. It may be brought back by
the court and compelled to do what the
law requires Of it,"
"And II that is DONE" interrupted Attor-
ney Webster, "it will make a difference to
the city OF just $26."
"oh, no 1t won't" retorted Mr.. McIn-
tosh, "for every taxpayer in the city, sit
uated similarly to the r~elators. is a party TO
this case, and may come in and assert his
rights as against the corporations"
Which is all right as a flourish OF rhe-
toric, but 1t stops there. 1t has no signih-
canoe in law" said Mr.. Webster. when
you wrote and all other taxpayers in that
record you added not a straw's weight "a
your position, and the words might as well
have been left out. Why, do you mean tc
say all other taxpayers are bound by your
action here7"
Certainly" said Mr.. Mcintosh. They
get the benefit OF the ruling II 1t is in their
favor, and they suffer accordingly II it's
against them. It's q very common rule OF
law. Suppose l appear as counsel for cred
itors against a debtor-the law requires me
to sue for all other creditors"
Referee Disasrees with Mcintosh.
The referee said he didn't agree with
Mr.. Mcintosh on this point, and the incident
closed with the latter promising to bring
In authorities in support OF his point al
the next sitting Of the court.
Not one OF the public service corpora
lions is paying one-fourth the amount o.
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