Omaha daily bee., 1902-07-11
RAILROAD TAXATION in COURT
Full StenographiC Report of Hearing in Mandarnus Case by Nebraska
Supreme COurt--Pu4L

preFOHatlNo Writ OF tne state Celleu man
damus. In this case It concerns the pub
lie revenues and the revenues OF ninety
counties Of the state. Its Importance should
demand and the nature OF the writ entities
It to an early hearing. That is what the
writ Is for. Now let us examine for a
moment the grounds and probabilities OF its
taking a great long time. All we shall put
in on our side is simply the records that
the board had before Il. That should be
brought in here and laid on the table and
that ought almost end that. The record
testimony, the railroad reports are here;
nobody can object to those. That Is the
main body Of the proof under this great
allegation Of fraud. We cannot be restrained
to a showing simply OF fraud In law,
though that is clear here II our allegation
be true and wholly indisputable. We have
a right here to show actual fraud by three
or four or half a dozen witnesses, prob
ably four on our side. whose testimony will
be very brief. We will put in such testi-
mony as we have, be 1t much or little, tend
ing to support the allegation Of fraud.
That ought not to brighten the court. Your
honors, how can they bring in testimony
upon their side to rebut, for instance, the
record proof that will consume any large
amount Of time. All we can show ls what
was before this board, presumably It is all
in writing. Now all Of the testimony that
will be introduced here is that OF three or
four persons who were present, and those
are to be found around this state house.
And two or three h~ours-what is that in a
case Of this magnitude, urgent as It is, and
righteous as 1t Is.
white-In reply to the last proposition
Of the gentlemen that all the testimony
that will be needed will be found before
49, - AAa
court, you have held in the Karr case that
It IL not 80 much a matter of the method
in which they arrived at their result, but
the result itself, and IL the result is JUS
tilted under all the circumstances, then 1t
makes little difference what considerations
were received or considered by the board.
SO that, Notwithstanding there may not
have been SUFFICIENT testimony before the
board. or they may have taken into con-
eideration testimony that they ought not
to have considered, or they may have taken
into consideration or failed to take into
consideration testimony they should have
considered, II the result that they arrived
at was a proper and Just result, then the
testimony that was considered by them
will not amount to anything before this
court. But In order to ascertain whether
that result IL a just one, this board ought
to have the opportunity OF producing the
testimony to show 1t is a Just one, and not
be confined merely to the matters that were
developed before 1t.
Mr.. Howe-one thing ! overlooked. Under
the order that was made with reference
to briefs, counsel have appeared and
brought in elaborate arguments. Now. In
the brief Of two Of those gentlemen repre-
senting two great companies, that Of the
Union Pacific and the Burlington, they
have put In all through them statistics, and
they have not mad one single suggestion
that they needed any oral proof. Every
seintilla Of testimony which they cite. and
the statistics upon which they rely, are
documentary.
Mr.. P~rout-Tf the court please, I Just want
TO cay one word in reply to what Mr.. Howe
has said, and that is In relation to delay.
want to disclaim any idea on the part
' Of this board OF their having any desire
whatever to delay this case. They realize
the Importance Of It fully as much as do
the REALTORS. There is not the slightest
desire on their part to delay, but the court
can readily see from the statements made
by the counsel for the REALTORS. as we'll as
others, that It Is going to take consider
able time to take the testimony. AS has
been suggested from the bench, that can be
heard 40 easily, or more easily rather, by
q referee than It can be by the court. So
far as we are concerned we would prefer,
II the court car devote the time that is
necessary, for the court to hear 1t, but that
is q matter for the court to determine. So
far as time is concerned, II is very evil
dent II is going to take considerable time,
for these respondents deny absolutely any
idea OF fraud; they resent 1t, and they will
insist, as I think they have q right to in
sist. upon an opportunity to put in proof to
show that they are not guilty of the gross
frauds which these gentlemen in their
briefs and statements to the court say they
are guilty Of.
Chief Justice Sullivan-We will take q
recess until 1880 this afternoon, and IN
the meantime we will determine whether
tho court will hear the evidence or send the
issue of facts to a referee.
Mr.. Baldwin, want to say for all coun-
sci, friends Of the court, that we do not
want any delay at all; that we are ready
to proceed this afternoon, or at any time
before g referee or the court, to the taking
Of testimony at once. and there is no pur-
pose to delay this case whatever, but We
are ready and willing to proceed as ex'
peditiously with this case as It's impor'
lance demands.
Mr.. Simeral-So far as sending this cast
to q referee is concerned, l do not thinl
this is a matter for a referee; this court
| would save no time, II might be merel!
the matter of the physical Inconvenience o
! being here and hearing the testimony, bu
It would certainly save no time, because tn
testimony would have to be read again, ant
that would require quite as much time a.