Omaha daily bee., 1902-12-13

& Quincy Railway company, the Burlington
G. Missouri River Railroad Company in Ne \
braska and Omaha a Southwestern railroad
and Omaha & North Platte railroad, chal-
lenges the attention OF the board to It's want
Of power and lack Of jurisdiction to hear
and determine the matters and things set
forth and complained Of in the complaint
Of George T. Morton. and then says:
This challenge to your Jurisdiction is not
based upon technical ground and Is not,
pose OF avoiding a Just and equitable as
sessment of our properties In Omaha OF, OF
fSem. We pj snS t l5se eonstit1tIon aBd the
law Of this state as a defense against the
threatened confscation Of our property by
knowing them, refuse arbitrarily to follow
them
Mcintosh submits Evidence.
When 1t was found that there was TO be
no argument before the board as to the
question Of Jurisdiction, Mr.. Mcintosh was
permitted to present his evidence in sup
port Of the complaint. which was almost
entirely in the form Of reports Of the pro-
ceedings of the United States circuit court
showing evidence OF the railroad officers
in suits at different times as to the value
Of railroad property.
The complaint relating to the Union Pa
cifc was first taken up, and Mr.. Mcintosh
proceeded to set before the board the in
formation upon which he had based his
assertions incorporated in that complaint
as to the value OF the various properties
OF the company. He read from the suit OF
the Chicago, Milwaukee & st. Paul road
against the Union Pacific, tried in March,
1891, testimony of Thomas L. Kimball, then
third vice president of the Union Pacific
rnad roIotgng 20 Tho earnings NJ tho brfdUa
across the Missouri river, and testimony OF
E. c. Smead, chief engineer, as to the cost
and the value Of the main line. Testimony
from the same and other cases in the
United States courts was read to show the
value Of the franchise and the value Of the
shops and other property appertaining to
Thorn.
Finally Mr.. Mcintosh asked Mr.. Baldwin
to be sworn, and after hesitating a mo-
ment Mr.. Baldwin consented to take the
oath. Mr.. Mcintosh then asked Mr.. Bald
win IL the terminals of the Union Pacific
road we're as valuable at this time as in
1894, but to that question Mr.. Baldwin re-
| piled that he had only appeared before
the board specially to object to the boards
Jurisdiction, and must decline to answer.
Mr.. Mcintosh then asked Mr.. Baldwin
IL the bridge was as valuable now as in
1890 and 1891, and received the same answer
as before, and the dialogue continued
through several further questions as to
| the value of the shops and of other prop
erty, Mr.. Baldwin each time declining to
answer on the same grounds.
Thomas Swift Gives Testimony.
Thomas Swift, an old resident Of Omaha
and formerly a railroad man, was sworn
by request Of Mr.. Mcintosh and testified
that in his opinion the present traf1c Of
the Union Pacific bridge was greater, or
at least as great, as In 1890 and 1891. The
terminals he considered to be Of more
value now than in 1894 for the reason that
they had been extended in the meantime.
Mr.. Mcintosh also presented records Of
the United States court in support OF his
complaint against the Burlington road.
Just before leaving Mr.. Mcintosh In a
sort Of informal way said to the members
of the board that 1t appeared to him very
plain that the Board Of Review had the
legal right to review the assessments OF
railroads. just as it had those of any
other class Of property and he did not
think the board would question that point.
The board took all of the railroad cases
as presented under a~dvisement.
bridge and Terminal
John r. Webster, vice president and gen
eral manager, and John H. Daniels, secre-
tary and treasurer Of the Omaha Bridge
G. Terminal company, were before the
board in the afternoon in response to
citation and made a very free exposition
OF the company's affairs.
This company owns 1856 miles of road
within the city limits, and this was re-
turned by the state Board of Equalization
for assessment at the rate of $1,000 per
mile. The company, however, made a
statement to the tax commissioner in which
this property was valued at SIS 900 per
mile, and this had been increased by the
tax commissioner to $40, 900 per mile, plac-
ing the property Of the company, exclusive
OF its res estate, at $79,2sO. Beside this
there Is $4,000 Of real estate entirely out
side OF the right-of-way which is assessed
Just as other real estate.
II was on the question of the value OF
the franchise that the members of the
board and the officers Of the company diff
fered most widely, Mr.. Webster contending
that since the company was not making
money and was compelled to call upon iti
stockholders regularly to keep 1t going
and since it's stock had no market value
the franchise was worth nothing and SHOULD
not be assessed.
The sale OF $1,000, 900 of bonds some
years ago was discussed and Mr.. Webster
said that the earnings OF the company
with the $50. 900 per year paid by the I'LL,
; nois Central road had not been enough
l in the past ten years to pay more thar
! half the interest on the bonds. He sait
/, the company he'd lost from SIS. 900 to $50. O0t
4 per year. Mr.. Webster said that the com
pany was assessed on $3.50 ,00o Of prooert!
: in Iowa.
I The board did not announce any de-
cision.