Omaha daily bee., 1902-07-14

as possible, on by the river, they made a
good bargain by that treaty and got pos
session Of about 81, 900, 900 worth Of prop
erty and absolute tltle to land that they
didn't have before.
Q.-Now after this dissertation, would
like to have you answer my question II
you will. Tell where the property is? You
say they grabbed II or took possession Of
It prior to this treaty. State where the
property Isl A.-The best way to find 1t
out is right here in this lot OF papers, you
have II all described there infinitely, and
there is no need OF my describing II when
you have It by metes and bounds and de-
scription Of lots right there In that pack
age.
Q.-You have made this statement here
under oath that they have gotten new prop
erty. Now l an trying to get you to
specify the property because we deny 1t.
Now II you will point out the lots / will
be much obliged to you. Al am familiar
with the general contour Of the grounds
there, l have no familiarity with the num-
bers Of the lots and places In which lots
were exchanged for other lots, but we know
very well hat the treaty covered, I think.
several hundred lots, and that they got a
title TO that property that the company didn't
have before, and never had any right to, and
that property is described among the other
property right here.
Q.-Now you say It had no right. The
company. on the other hand, insisted It had.
didn't it, A.-Well, evidently the company
had some doubts about its right, otherwise
1t wouldn't have made that treaty.
OWL you please answer my question?
The company insisted 1t had, didn't 1t? A
oh, yes; they always insist when they take
anything that II is theirs.
Q.-And It had possession under this color
OF title Tor many years, didn't It, to say the
least? Ayes, sir.
Q-For over thirty years? Al never
kept a description Of the lots In my mind.
Q.-Answer the question. II had posses
sion OF It for over thirty years, didn't It?
A.-Well, yes; / tuppose 1t had-I don't
know how long-I don't believe they had it
for thirty years.
Odd they have II for any particular
length Of time, say twenty years? Al
think they kept increasing the ground here
and there by graft or grab, or l don't know
how, bu. It was taken and retaken and they
fought with other railroads that wanted to
take some Of 1t, and finally they fenced It
In, but they didn't have q clear title until
the settlement was made.
Q.-Now you speak of this treaty. In ex-
change for this did the Union Pacific con-
struct a new shop? A.-No, sir; they didn't
In exchange for this-that would be absurd.
Q.-Now let US not argue this. / will ask
you this question: Didn't the Union Pa
cinc, or Is It not now in process Of con-
structing new shops7 Ayes, sir.
I Q.-wasn't It a part Of this treaty that
they should expend at least $1,000, 900 this
year In new shops? Al don't remember
the amount.
Q.-Don't you know then, when you are
speaking Of the treaty, that 1t is very neal
81, 200, 0007 Al would like to explain
Q-Answer the question. Al don't know
ment that the company should maintain III
shops-the existing shops-the terminal IA
c%ilities, ETC., at Omaha, and improve them
l don't remember how much.
Q.-Now that is not answering my ques'
tion. Al don't know how much the
amount was.
Q.-Are they not now building new snopI
there? A.-They are.
Q.-Is there not one going up there 45i
feet long, $50 feet wide and so feet high
Al have read about 1t; 1 haven't seen 1t.
Q.-Then you don't know? Al do not.
Q-Do you swear to this court you have
not seen in the course of construction there
the building I have just described? A
will swear l have not seen one brick of the
whole thing.
o-And that has been going on all sprinI
and summer? Ayes sir.
Gan you can't see 1t now. It is 45t
feet long, $50 feet wide and 60 feet high
Alt is not visible from my house.
Q-You haven't been down to see it2 A
No sir. l have not.
o-And that is only one Of the building
In process Of construction? Al dom
know; I haven't seen any OF them.
Q-You know II was purposed by tn
treaty that IL build a new shop and build
ings at an expenditure of two or thre
millions and 1t is work at them and thi
building Is in course Of construction A
/ don't know anything about two or tire
millions. l understand 1t was to be some
where in the neighborhood of a million
! don't know.
o-Now don't you know all OF these Uniol
Pacific shops and this machinery in tn
new building. the headquarters, the ter
minal lines and the lots you spoke OF ar
assessed locallyH Al don't even kno,
that. I only know they are supposed I
be assessed locally.
Off you don't know that, that is all
have to asy you. Al mean have n
knowledge Of 1t.
Examined by Mr.. Kelby: Q-West Of tn
Eleventh street viaduct the Burlington ha
but one track to South Omaha, has II not
A-But 1t has a lot OF spurs you know. !
has one track so far as ! know, runnin
out. but II has spurs leading to the dIf
ferent establishments.
Q.-Wbere are those spurs? Al
South Omaha.
OIL am inquiring concerning Omaha an
r South Omaha. A.-They are along the ives
|, OF the viaduct and they connect with som
: OF those lumber yards. coal yards and dit
4 terent concerns in the neighborhood.
Q.-Do you know whether they do or not
Al can't see how they could do bushes
without 1t. ! can't testify strictly becaus
l haven't made an especial examination {
a that, but I feel sure they have spurs run
ming Into all OF those yards at all OF thos
! places.
! o.-But you do know that all the tel
| minals, all the tracks. all the depot ground
4 OF the Burlington railroad are used in Ii
: successful operation Of the property A.
= Yes sir.
o.-And necessary to its use1 Ayes ST
Witness excused.
Mr.. Howell the court please, there is a
item Of testimony. viz. the letter write
by Mr.. Harrington TO the State Boar
OF Equalization. which was transmItts
to the governor. and which the testimou
shows was read by the governor to II
board. which VIC desire N odar In 49,