Omaha daily bee., 1902-07-11

there upon the very day on which they con-
ferred. And the state board Of equaliza-
tion denied 1t had exempted 5000, 900, 900
worth Of property and put in issue the
question whether they had or had not as
sessed all Of the railroad property in this
state, and 1t is for that reason that II
may be necessary for us to take som oral
testimony here. ..t .s - s-
Chief Justice sulHvan-I presume the i'm
portant question at present Is whether the
taking Of this testimony is likely to con-
sumo any considerable amount OF time.
What is your idea about It. Mr.. Simeral?
simeral-I think we can get through with
our testimony by evening, 1 would say, II
we start in at a reasonable time. II not
sooner. Mr.. Harrington suggests that two
hours will be all It will be necessary for us.
MIR. PTout-Do you mean two hours for
the taking Of the testimony
Simeral-Yes, perhaps less than that.
Judge Sullivan-What is the nature of
the oral testimony, IL there is no objection
at this time TO stating TT
Simeral-There Is no objection. The first
thing will be the records Of the returns
before the board: that is, as made by the
railroads, as showing the amount OF physi-
cal property they have and such other re-
turns as were before the board at that
time.
Judge sullivan-I asked you to make
this statement so counsel on the other side
may perhaps indicate the time that they
will probably consume in meeting that issue
of fact.
sImeral-we desire to introduce whatever
was before the board. Now, what that was
they know just as well as we do. Then
there will be some testimony with regard
to what the members Of the board said at
the time the argument was had before
them as to whether or not they would as
sess the franchise. Then there may be also
the testimony. or rather the records, Of the
annual reports Of the various roads that are
in this state that have been assessed by
the board. We may also ask that "Poore's
Manual" shall be offered in evidence; IL was
produced before the board. l understand.
Then there may be another matter come
up that It will be necessary to prove-thst
is the assessment Of the municipalities of
Omaha, South Omaha and Lincoln as they
are assessed by city assessors and not by
the county assessors, but I presume It is
we'll known to all parties here what those
assessments are, and we may be able to
agree as to that. II is practically conceded,
at least by the B. & M road or Mr.. Kelby's
brief, and there will be no dispute about
that. AS to the market value Of the stock,
we have had that computed from the news
paper reports as sent to the newspapers by
the Associated Press, and we have the
newspapers here for 1t, II they wish to go
through them, so that will not take very
long. Az 1 say, It is mostly documentary.
Mr.. Howe-The only subpoenas sent out
were for two members Of the Board Of
Equalization.
Simeral-And one OF these, that Is the
auditor, is undoubtedly the only one that
we will wish. and he will be merely for
the purpose of proving the record Of the
board.
Prout-If the court please, the suggestion
that they want to introduce the newspa-
pers and their stating that we can go
through them II we desire, causes me to
suggest that it may take longer than half
q day. The further suggestion that they
desire to introduce proof Of the assessments
in Omaha, South Omaha and Lincoln sug-
gests this further, that the board as a
matter OF fact in finding the value Of these
roads took into consideration not only the
assessments OF Omaha, South Omaha and
Lincoln. but the assessments Of various
counties in the state, using as a basis the
result Of the action Of the Board Of AS
SCISSORS in the respective counties through
out the state. The meetings Of the boards
are In pursuance of the law requiring them
to meet in March before commencing theiI
work. The board has in the ONCE letters
from these boards. Now, we are all aware
that in the strict sense Of the word thai
is not testimony. no more than the news
papers which they indicate they Wish Il
Introduce in evidence. In order to get tha'
testimony, and get 1t in as testimony, 1t II
going to take some time. I simply suggest
this now that that is one of tn,
things the board desires to show-the as.
sessments Of the counties generally, that ia
the rate Of assessment as agreed upon b,
the assessors, and then following that VI
with the assessments as actually made II
pursuance Of the agreement at those meet
ings.
H~arrington-I am satisfied II there ar
no captious objections that an hour vii
take the testimony here-an hour and
half, any way. Now, as to this news
paper evidence, counsel need not be an
noyed by that at all. All we want I
prove is the market values Of these stocks
No man can assess a railroad unless b
l knows what the railroads are worth pc
mile. He must ascertain the gross valu
! Of the property. its funded debt and tn
| value Of the stocks. or course. under on
| constitution. the stock would be wort
I par II we did not have anything else, bu
I think we better prove It. Now, as IA
as these city assessments go. all we mea
! is this, and 1t is conceded as far as III
Q Burlington is concerned as TO Omaha: W
propose to show simply by one witnes
o that the assessment In Omaha Is 40 DC
e cent, and by another that the rate in Lir
coin is from so to 100 per cent. And "
e intend TO try and have the court say ths
d this is unconstitutional.
u Baldwin, want to suggest this, this
y the assessment as already made by II
u board and returned cannot be reviewe
T. by this court unless actual fraud is show
5 That is a power delegated to this board /
q the constitution and laws OF the state, thi
d they exercise their discretion in a matt,
! OF this kind, and l do not understand thI
this court, in a mandamus proceeding
least, can review their action or contr
n in any way that judgment. AS unde
stand the proposition before the court.
J is this: Can the franchise or intanglb
! property OF these corporations be assess,
l. separately and apart from their tangib
property? That is the question l unde
le stand is before this court for settlemer
: ] do not understand That they are TO
into the question of the assessment, as a
ready made by the board, as to the tangib
property. II that is true, Il certainly